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§ 22.001. JURISDICTION. (a) The supreme court has appellate jurisdiction, except in criminal law matters, coextensive with the limits of the state and extending to all questions of law arising in the following cases when they have been brought to the courts of appeals from appealable judgment of the trial courts:
(1) a case in which the justices of a court of appeals disagree on a question of law material to the decision;
(2) a case in which one of the courts of appeals holds differently from a prior decision of another court of appeals or of the supreme court on a question of law material to a decision of the case;
(3) a case involving the construction or validity of a statute necessary to a determination of the case;
(4) a case involving state revenue; (5) a case in which the railroad commission is a party; and (6) any other case in which it appears that an error of law has been committed by the court of appeals, and that error is of such importance to the jurisprudence of the state that, in the opinion of the supreme court, it requires correction, but excluding those cases in which the jurisdiction of the court of appeals is made final by statute.
(b) A case over which the court has jurisdiction under Subsection (a) may be carried to the supreme court either by writ of error or by certificate from the court of appeals, but the court of appeals may certify a question of law arising in any of those cases at any time it chooses, either before or after the decision of the case in that court.
(c) An appeal may be taken directly to the supreme court from an order of a trial court granting or denying an interlocutory or permanent injunction on the ground of the constitutionality of a statute of this state. It is the duty of the supreme court to prescribe the necessary rules of procedure to be followed in perfecting the appeal.
(d) The supreme court has the power, on affidavit or otherwise, as the court may determine, to ascertain the matters of fact that are necessary to the proper exercise of its jurisdiction.
(e) For purposes of Subsection (a)(2), one court holds differently from another when there is inconsistency in their respective decisions that should be clarified to remove unnecessary uncertainty in the law and unfairness to litigants.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 1106, § 1, eff. June 20, 1987; Acts 2003, 78th Leg., ch. 204, § 1.04, eff. Sept. 1, 2003.
§ 22.002. WRIT POWER. (a) The supreme court or a justice of the supreme court may issue writs of procedendo and certiorari and all writs of quo warranto and mandamus agreeable to the principles of law regulating those writs, against a statutory county court judge, a statutory probate court judge, a district judge, a court of appeals or a justice of a court of appeals, or any officer of state government except the governor, the court of criminal appeals, or a judge of the court of criminal appeals.
(b) The supreme court or, in vacation, a justice of the supreme court may issue a writ of mandamus to compel a statutory county court judge, a statutory probate court judge, or a district judge to proceed to trial and judgment in a case agreeable to the principles and usages of law, returnable to the supreme court on or before the first day of the term, or during the session of the term, or before any justice of the supreme court as the nature of the case requires.
(c) Only the supreme court has the authority to issue a writ of mandamus or injunction, or any other mandatory or compulsory writ or process, against any of the officers of the executive departments of the government of this state to order or compel the performance of a judicial, ministerial, or discretionary act or duty that, by state law, the officer or officers are authorized to perform.
(d) Repealed by Acts 1987, 70th Leg., ch. 148, § 2.03. (e) The supreme court or a justice of the supreme court, either in termtime or vacation, may issue a writ of habeas corpus when a person is restrained in his liberty by virtue of an order, process, or commitment issued by a court or judge on account of the violation of an order, judgment, or decree previously made, rendered, or entered by the court or judge in a civil case. Pending the hearing of an application for a writ of habeas corpus, the supreme court or a justice of the supreme court may admit to bail a person to whom the writ of habeas corpus may be so granted.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.03, eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 355, § 1, eff. Sept. 1, 1995.
§ 22.003. PROCEDURE OF THE COURT. (a) The supreme court from time to time shall promulgate suitable rules, forms, and regulations for carrying into effect the provisions of this chapter relating to the jurisdiction and practice of the supreme court.
(b) The supreme court may make and enforce all necessary rules of practice and procedure, not inconsistent with the law, for the government of the supreme court and all other courts of the state to expedite the dispatch of business in those courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.004. RULES OF CIVIL PROCEDURE. (a) The supreme court has the full rulemaking power in the practice and procedure in civil actions, except that its rules may not abridge, enlarge, or modify the substantive rights of a litigant.
(b) The supreme court from time to time may promulgate a specific rule or rules of civil procedure, or an amendment or amendments to a specific rule or rules, to be effective at the time the supreme court deems expedient in the interest of a proper administration of justice. The rules and amendments to rules remain in effect unless and until disapproved by the legislature. The clerk of the supreme court shall file with the secretary of state the rules or amendments to rules promulgated by the supreme court under this subsection and shall mail a copy of those rules or amendments to rules to each registered member of the State Bar of Texas not later than the 60th day before the date on which they become effective. The secretary of state shall report the rules or amendments to rules to the next regular session of the legislature by mailing a copy of the rules or amendments to rules to each elected member of the legislature on or before December 1 immediately preceding the session.
(c) So that the supreme court has full rulemaking power in civil actions, a rule adopted by the supreme court repeals all conflicting laws and parts of laws governing practice and procedure in civil actions, but substantive law is not repealed. At the time the supreme court files a rule, the court shall file with the secretary of state a list of each article or section of general law or each part of an article or section of general law that is repealed or modified in any way. The list has the same weight and effect as a decision of the court.
(d) The rules of practice and procedure in civil actions shall be published in the official reports of the supreme court. The supreme court may adopt the method it deems expedient for the printing and distribution of the rules.
(e) This section does not affect the repeal of statutes repealed by Chapter 25, page 201, General Laws, Acts of the 46th Legislature, Regular Session, 1939, on September 1, 1941.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 297, § 1, eff. Aug. 28, 1989; Acts 2001, 77th Leg., ch. 644, § 1, eff. June 13, 2001.
§ 22.005. DISQUALIFICATION OF JUSTICES. (a) The chief justice may certify to the governor when one or more justices of the supreme court have recused themselves under the Texas Rules of Appellate Procedure or are disqualified under the constitution and laws of this state to hear and determine a case in the court.
(b) The governor immediately shall commission the requisite number of persons who are active appellate or district court justices or judges and who possess the qualifications prescribed for justices of the supreme court to try and determine the case.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 428, § 1, eff. June 9, 1995.
§ 22.006. ADJOURNMENT. (a) The supreme court may adjourn from day to day or for the periods that it deems necessary to the ends of justice and the determination of the business before the court.
(b) A suit, process, or matter returned to or pending in the supreme court may not be discontinued because a quorum of the court is not present at the commencement or on any other day of the term. If a quorum of the court is not present on any day of the term, a justice of the court or the bailiff attending the court may adjourn the court from time to time.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.007. APPLICATION FOR WRIT OF ERROR. (a) The supreme court may act on applications for writs of error when the court deems it expedient. The supreme court shall pass on an application for writ of error in a case in which the justices of the courts of appeals have disagreed or have declared void a statute of the state.
(b) By a written designation recorded in the minutes of the supreme court, the chief justice or any two justices of the supreme court may designate three justices of the courts of appeals to act on applications for writs of error as provided by this section. The designation of justices of the courts of appeals may be changed as often as is advisable by relieving one or more of the justices and designating another or others in order to interfere as little as possible with the work of the courts of appeals. Only one justice may be designated to serve at any one time from any one of the courts of appeals. The power to designate justices of the courts of appeals to act on applications for writs of error may be exercised from time to time as long as necessary.
(c) Designated justices of the courts of appeals, on receiving notice of their designation, shall assemble in Austin and act on the applications for writs of error that are referred to them, by granting, refusing, or dismissing the applications in accordance with the practice of the supreme court. The designated justices may then make orders and give directions incidental to the consideration and disposition of each application.
(d) A designated justice of a court of appeals shall not act on an application for writ of error in a case decided during the justice's incumbency by the court of which he is a member.
(e) The granting of an application for writ of error admits the case into the supreme court, and the supreme court shall proceed with the case as provided by law. The refusal or dismissal of an application has the effect of denying the admission of the case into the supreme court, except that a motion for rehearing may be made to the designated justices in the same manner that a motion for rehearing to the supreme court is made. The refusal or dismissal of an application shall not be regarded as a precedent or authority.
(f) The powers conferred on the justices of the supreme court and the courts of appeals by this section are incidental to their respective offices.
(g) A designated justice of a court of appeals is entitled to the actual and necessary expenses incurred in the discharge of his additional duties. The comptroller shall issue warrants to pay the expenses out of the state treasury on itemized accounts of the expenses that are verified by the affidavit of the claimant.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.008. PUBLICATION OF DECISIONS. (a) The supreme court shall appoint one or more licensed attorneys to serve at the will of the court and to report the decisions of the supreme court.
(b) The supreme court shall designate the cases to be reported and the reporter may report and publish only the designated cases. As soon as the cases are finally disposed of and the opinions are recorded, the reporter shall obtain from the proper clerk the records of the cases to be reported, with the briefs and opinions.
(c) Under the direction of the supreme court, the reporter shall promptly prepare the decisions for publication with appropriate syllabuses and statements, proper index, and table of cited cases and reported cases. Each report shall incorporate only the main propositions made in the briefs and considered by the court in the opinion, with the authorities cited in support of the propositions.
(d) The reporter shall return the record, with briefs and opinions, to the clerk when the report is completed and from time to time shall deliver the reports to the State Purchasing and General Services Commission for publication. Each volume shall be copyrighted in the name of the reporter, who immediately on delivery of the edition shall transfer and assign it to the state. The edition shall be electrotyped. The state owns the plates, and the State Purchasing and General Services Commission shall preserve them.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.009. STENOGRAPHERS; BAILIFF. The supreme court may appoint not more than three stenographers and may appoint a bailiff to attend the court when it is sitting.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.010. SEALING OF COURT RECORDS. The supreme court shall adopt rules establishing guidelines for the courts of this state to use in determining whether in the interest of justice the records in a civil case, including settlements, should be sealed.
Added by Acts 1989, 71st Leg., ch. 426, § 1, eff. Sept. 1, 1989.
§ 22.011. JUDICIAL INSTRUCTION RELATED TO FAMILY VIOLENCE, SEXUAL ASSAULT, AND CHILD ABUSE. (a) The supreme court shall provide judicial training related to the problems of family violence, sexual assault, and child abuse and to issues concerning sex offender characteristics.
(b), (c) Repealed by Acts 1995, 74th Leg., ch. 507, § 2, eff. Aug. 31, 1995.
(d) The instruction must include information about: (1) statutory and case law relating to videotaping a child's testimony and relating to competency of children to testify;
(2) methods for eliminating the trauma to the child caused by the court process;
(3) case law, statutory law, and procedural rules relating to family violence, sexual assault, and child abuse;
(4) methods for providing protection for victims of family violence, sexual assault, or child abuse;
(5) available community and state resources for counseling and other aid to victims and to offenders;
(6) gender bias in the judicial process; (7) dynamics and effects of being a victim of family violence, sexual assault, or child abuse; and
(8) issues concerning sex offender characteristics.
Added by Acts 1991, 72nd Leg., ch. 795, § 27, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 282, § 1, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 254, § 1, eff. May 29, 1995.
§ 22.012. TRAINING RELATED TO DIVERSIONS. (a) Each attorney representing the state in the prosecution of felonies and each district court judge shall, as an official duty, each year complete a course of instruction related to the diversion of offenders from confinement in the institutional division.
(b) The supreme court shall adopt rules to provide for the training required by Subsection (a). In adopting the rules, the court shall consult with the Texas Department of Criminal Justice to obtain the department's recommendations for instruction content.
(c) The instruction must include information relating to: (1) case law, statutory law, and procedural rules relating to felony diversions; and
(2) available community and state resources for diversions.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, § 11.09(a), eff. Aug. 29, 1991.
§ 22.013. JUDICIAL INSTRUCTION RELATED TO GUARDIANSHIP ISSUES. (a) The supreme court shall provide a course of instruction that relates to issues that arise in guardianship cases for judges involved in those cases.
(b) The supreme court shall adopt the rules necessary to accomplish the purposes of this section.
(c) The instruction must include information about: (1) statutory and case law relating to guardianships; (2) the aging process and the nature of disabilities; (3) the requirements of the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) and related case and statutory law, rules, and compliance methods;
(4) the principles of equal access and accommodation; (5) the use of community resources for the disabled; and (6) avoidance of stereotypes through a focus on people's individual abilities, support needs, and inherent individual value.
(d) The instruction may include information about: (1) substantive areas of law concerning the needs of elderly persons and persons with disabilities;
(2) barriers to physical access and methods to overcome those barriers; (3) communication needs of elderly persons and persons with disabilities and the technology available to provide access to communication;
(4) duties and responsibilities of guardians, guardians ad litem, attorneys, and court personnel in guardianship proceedings;
(5) standard definitions and procedures for determining incapacity; (6) standards for surrogate decision making; (7) the doctrine of the least-restrictive alternative; (8) the dispute resolution process, especially its application to elderly persons and persons with disabilities; and
(9) successful programs and funding efforts for addressing the court-related needs of elderly persons and persons with disabilities.
Added by Acts 1993, 73rd Leg., ch. 905, § 1, eff. Sept. 1, 1993.
§ 22.014. SENIOR JUSTICE ACTING FOR CHIEF JUSTICE. In the chief justice's absence, the justice with the most seniority on the supreme court may sign a court document for the chief justice if the chief justice has given that justice written authorization.
Added by Acts 1995, 74th Leg., ch. 356, § 1, eff. Aug. 28, 1995.
§ 22.015. PERMANENT PLACE DESIGNATIONS. (a) The supreme court is composed of a chief justice and of eight justices holding places numbered consecutively beginning with Place 2.
(b) The designation of offices and places under this section identifies the offices and places for all purposes, including identification on official ballots for primary and general elections.
Added by Acts 2003, 78th Leg., ch. 693, § 1, eff. Sept. 1, 2003.
SUBCHAPTER B. COURT OF CRIMINAL APPEALS
§ 22.101. SEAL. (a) The court of criminal appeals shall use a seal on which there is engraved a star with five points and the words "Court of Criminal Appeals of Texas."
(b) The writs and processes issued from the court of criminal appeals shall bear the name of the presiding judge and the seal of the court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.102. MANDATE. When the court from which an appeal is taken is deprived of jurisdiction over the case pending the appeal and the case is determined by a court of appeals or the court of criminal appeals, the mandate of the appellate court that determined the case shall be directed to the court that had jurisdiction over the case, as also provided by Section 22.226.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.103. ASCERTAINMENT OF FACTS. The court of criminal appeals may ascertain, on affidavit or otherwise, the matters of fact that are necessary to the exercise of its jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.105. DISQUALIFICATION. (a) The fact that a judge of the court of criminal appeals is disqualified under the constitution and laws of this state to hear and determine a case shall be certified to the governor.
(b) The governor immediately shall commission a person who is learned in the law to act in the place of the disqualified judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.106. COMMISSIONERS OF COURT OF CRIMINAL APPEALS. (a) The presiding judge of the court of criminal appeals, with the concurrence of a majority of the judges of the court of criminal appeals, may designate and appoint a retired appellate judge or district judge who has consented to be subject to appointment, or an active appellate judge or district judge, to sit as a commissioner of the court of criminal appeals. A designated judge must consent to the designation and appointment. The presiding judge may designate and appoint as many commissioners as he deems necessary to aid the court in disposing of its business.
(b) A commissioner shall discharge the duties that are assigned him by the court and may be appointed to serve either for a certain period of time or for a particular case or cases.
(c) The opinions of a commissioner shall be submitted to the court of criminal appeals for approval. When approved by a majority of the court, an opinion of a commissioner has the same weight and legal effect as an opinion originally prepared by the court of criminal appeals.
(d) The compensation of a judge while sitting as a commissioner of the court of criminal appeals shall be paid out of money appropriated from the general revenue fund for that purpose in an amount equal to the salary of the judges of the court of criminal appeals and shall be in lieu of the retirement allowance that the judge receives or in lieu of the compensation he receives as an active judge of another court. In addition to the compensation, a judge sitting as a commissioner of the court is entitled to receive his actual travel expenses to and from Austin and a $25 per diem while he is assigned to the court of criminal appeals in Austin.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.107. COMMISSION IN AID OF COURT OF CRIMINAL APPEALS. (a) In addition to the authority granted by Section 22.106 of this code, the court of criminal appeals may appoint a commission for the aid of the court in disposing of the business before the court. The commission in aid of the court shall discharge the duties that are assigned it by the court of criminal appeals.
(b) The commission shall be composed of two attorneys having the qualifications fixed by the constitution and laws of this state for a judge of the court of criminal appeals. Commissioners serve two-year terms that expire September 1 of each odd-numbered year.
(c) The opinions of the commissioners in aid of the court shall be submitted to the court of criminal appeals for approval. When approved by a majority of the court and handed down as an opinion of the court, an opinion of a commissioner in aid of the court has the same weight and legal effect as an opinion originally prepared and handed down by the court of criminal appeals.
(d) Each member of the commission is entitled to receive for his services the salary that is provided by law.
(e) The court of criminal appeals by appointment may fill a vacancy on the commission in aid of the court that is created by the death, resignation, or removal of a member of the commission. A person appointed to fill a vacancy continues in office for the unexpired portion of the term for which the commissioner vacating the office was appointed.
(f) The court of criminal appeals shall appoint two stenographers for the commission.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.108. RULES OF APPELLATE PROCEDURE IN CRIMINAL CASES. (a) The court of criminal appeals is granted rulemaking power to promulgate rules of posttrial, appellate, and review procedure in criminal cases except that its rules may not abridge, enlarge, or modify the substantive rights of a litigant.
(b) The court of criminal appeals may promulgate a comprehensive body of rules of posttrial, appellate, and review procedure in criminal cases and from time to time may promulgate a specific rule or rules of posttrial, appellate, or review procedure in criminal cases or an amendment or amendments to a specific rule or rules. Rules and amendments adopted under this subsection are effective at the time the court of criminal appeals considers expedient in the interest of a proper administration of justice. The rules and amendments to rules remain in effect unless and until disapproved, modified, or changed by the legislature. The clerk of the court of criminal appeals shall file with the secretary of state the rules or amendments to rules promulgated by the court of criminal appeals under this subsection.
(c) The rules of posttrial, appellate, and review procedure in criminal cases shall be published in the Texas Register and in the Texas Bar Journal. The court of criminal appeals may adopt the method it considers expedient for the printing and distribution of the rules.
Added by Acts 1987, 70th Leg., ch. 148, § 2.04(a), eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 297, § 2, eff. Aug. 28, 1989.
§ 22.109. RULES OF EVIDENCE IN CRIMINAL CASES. (a) The court of criminal appeals has the full rulemaking power in the promulgation of rules of evidence in the trials of criminal cases, except that its rules may not abridge, enlarge, or modify the substantive rights of a litigant.
(b) The court of criminal appeals may promulgate a comprehensive body of rules of evidence in the trials of criminal cases and from time to time may promulgate a specific rule or rules of evidence or an amendment or amendments to a specific rule or rules. Rules and amendments adopted under this subsection are effective at the time the court of criminal appeals considers expedient in the interest of a proper administration of justice. The rules and amendments to rules remain in effect unless and until disapproved by the legislature. The secretary of state shall report the rules or amendments to rules to the next regular session of the legislature by mailing a copy of the rules or amendments to rules to each elected member of the legislature on or before December 1 immediately preceding the session.
(c) The rules of evidence in the trials of criminal cases shall be published in the Texas Register and in the Texas Bar Journal. The court of criminal appeals may adopt the method it considers expedient for the printing and distribution of the rules.
Added by Acts 1987, 70th Leg., ch. 148, § 2.04(a), eff. Sept. 1, 1987.
§ 22.110. JUDICIAL INSTRUCTION RELATED TO FAMILY VIOLENCE, SEXUAL ASSAULT, AND CHILD ABUSE. (a) The court of criminal appeals shall assure that judicial training related to the problems of family violence, sexual assault, and child abuse is provided.
(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 54 of this code or Chapter 201, Family Code, master, referee, and magistrate to complete at least eight 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 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 three hours of training during each additional term in office or four years of service. 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.
(c) In adopting the rules, the court of criminal appeals may consult with professional groups and associations in the state that have expertise in the subject matter to obtain the recommendations of those groups or associations for instruction content.
(d) The instruction must include information about: (1) statutory and case law relating to videotaping a child's testimony and relating to competency of children to testify;
(2) methods for eliminating the trauma to the child caused by the court process;
(3) case law, statutory law, and procedural rules relating to family violence, sexual assault, and child abuse;
(4) methods for providing protection for victims of family violence, sexual assault, or child abuse;
(5) available community and state resources for counseling and other aid to victims and to offenders;
(6) gender bias in the judicial process; and (7) dynamics and effects of being a victim of family violence, sexual assault, or child abuse.
(e) The court of criminal appeals or the court's designee shall report the name of a judge or judicial officer who does not comply with the requirements of this section to the State Commission on Judicial Conduct.
Added by Acts 1995, 74th Leg., ch. 507, § 1, eff. Aug. 31, 1995. Amended by Acts 1999, 76th Leg., ch. 390, § 1, eff. Aug. 31, 1999.
§ 22.111. TRAINING FOR PROSECUTING ATTORNEYS RELATED TO PUNISHMENT ENHANCEMENT BECAUSE OF BIAS OR PREJUDICE. The court of criminal appeals shall provide to prosecuting attorneys training related to the use of Section 12.47, Penal Code, and Article 42.014, Code of Criminal Procedure, for enhancing punishment on a finding that an offense was committed because of the defendant's bias or prejudice as defined in Article 42.014, Code of Criminal Procedure.
Added by Acts 2001, 77th Leg., ch. 85, § 7.01, eff. Sept. 1, 2001.
§ 22.112. PERMANENT PLACE DESIGNATIONS. (a) The court of criminal appeals is composed of a presiding judge and of eight judges holding places numbered consecutively beginning with Place 2.
(b) The designation of offices and places under this section identifies the offices and places for all purposes, including identification on official ballots for primary and general elections.
Added by Acts 2003, 78th Leg., ch. 693, § 2, eff. Sept. 1, 2003.
SUBCHAPTER C. COURTS OF APPEALS
§ 22.201. COURTS OF APPEALS DISTRICTS. (a) The state is divided into 14 courts of appeals districts with a court of appeals in each district.
(b) The First Court of Appeals District is composed of the counties of Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Waller, and Washington.
(c) The Second Court of Appeals District is composed of the counties of Archer, Clay, Cooke, Denton, Hood, Jack, Montague, Parker, Tarrant, Wichita, Wise, and Young.
(d) The Third Court of Appeals District is composed of the counties of Bastrop, Bell, Blanco, Burnet, Caldwell, Coke, Comal, Concho, Fayette, Hays, Irion, Lampasas, Lee, Llano, McCulloch, Milam, Mills, Runnels, San Saba, Schleicher, Sterling, Tom Green, Travis, and Williamson.
(e) The Fourth Court of Appeals District is composed of the counties of Atascosa, Bandera, Bexar, Brooks, Dimmit, Duval, Edwards, Frio, Gillespie, Guadalupe, Jim Hogg, Jim Wells, Karnes, Kendall, Kerr, Kimble, Kinney, LaSalle, McMullen, Mason, Maverick, Medina, Menard, Real, Starr, Sutton, Uvalde, Val Verde, Webb, Wilson, Zapata, and Zavala.
(f) The Fifth Court of Appeals District is composed of the counties of Collin, Dallas, Grayson, Hunt, Kaufman, and Rockwall.
(g) The Sixth Court of Appeals District is composed of the counties of Bowie, Camp, Cass, Delta, Fannin, Franklin, Gregg, Harrison, Hopkins, Hunt, Lamar, Marion, Morris, Panola, Red River, Rusk, Titus, Upshur, and Wood.
(h) The Seventh Court of Appeals District is composed of the counties of Armstrong, Bailey, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Dickens, Donley, Floyd, Foard, Garza, Gray, Hale, Hall, Hansford, Hardeman, Hartley, Hemphill, Hockley, Hutchinson, Kent, King, Lamb, Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, Terry, Wilbarger, Wheeler, and Yoakum.
(i) The Eighth Court of Appeals District is composed of the counties of Andrews, Brewster, Crane, Crockett, Culberson, El Paso, Hudspeth, Jeff Davis, Loving, Pecos, Presidio, Reagan, Reeves, Terrell, Upton, Ward, and Winkler.
(j) The Ninth Court of Appeals District is composed of the counties of Hardin, Jasper, Jefferson, Liberty, Montgomery, Newton, Orange, Polk, San Jacinto, and Tyler.
(k) The Tenth Court of Appeals District is composed of the counties of Bosque, Burleson, Brazos, Coryell, Ellis, Falls, Freestone, Hamilton, Hill, Johnson, Leon, Limestone, Madison, McLennan, Navarro, Robertson, Somervell, and Walker.
(l) The Eleventh Court of Appeals District is composed of the counties of Baylor, Borden, Brown, Callahan, Coleman, Comanche, Dawson, Eastland, Ector, Erath, Fisher, Gaines, Glasscock, Haskell, Howard, Jones, Knox, Martin, Midland, Mitchell, Nolan, Palo Pinto, Scurry, Shackelford, Stephens, Stonewall, Taylor, and Throckmorton.
(m) The Twelfth Court of Appeals District is composed of the counties of Anderson, Angelina, Cherokee, Gregg, Henderson, Houston, Nacogdoches, Rains, Rusk, Sabine, San Augustine, Shelby, Smith, Trinity, Upshur, Van Zandt, and Wood.
(n) The Thirteenth Court of Appeals District is composed of the counties of Aransas, Bee, Calhoun, Cameron, DeWitt, Goliad, Gonzales, Hidalgo, Jackson, Kenedy, Kleberg, Lavaca, Live Oak, Matagorda, Nueces, Refugio, San Patricio, Victoria, Wharton, and Willacy.
(o) The Fourteenth Court of Appeals District is composed of the counties of Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Waller, and Washington.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 1.02, eff. Sept. 1, 1987; Acts 2003, 78th Leg., ch. 44, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 315, § 4, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 662, § 1, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 542, § 1, eff. Sept. 1, 2005.
§ 22.202. FIRST COURT OF APPEALS. (a) The Court of Appeals for the First Court of Appeals District shall be held in the City of Houston.
(b) Harris County shall furnish and equip suitable rooms in Houston for the court and the justices without expense to the state.
(c) The counties other than Harris County composing the First and Fourteenth Courts of Appeals Districts shall annually reimburse Harris County for the costs incurred by Harris County during its previous fiscal year for:
(1) supplemental salaries and fringe benefits for the justices for those courts; and
(2) furnishings, equipment, supplies, and utility expenses for those courts.
(d) Each county shall pay a share based on the proportion its population bears to the total population of all the counties in those districts. A county shall pay its share not later than the 60th day after the beginning of the county's fiscal year.
(e) The Commissioners Court of Harris County shall provide each county liable for the expenses with a statement of that county's share. The statement must be approved by the chief justices of the courts of appeals of the First and Fourteenth Courts of Appeals Districts.
(f) The First and Fourteenth Courts of Appeals shall establish a central clerk's office and offices for justices and other support personnel in Houston. The courts may establish offices for the clerks, justices, and other support personnel in other counties in the courts' district as each court determines necessary and convenient.
(g) The First Court of Appeals may transact its business in any county in the First Court of Appeals District as the court determines necessary and convenient.
(h) All civil and criminal cases directed to the First or Fourteenth Court of Appeals shall be filed in either the First or Fourteenth Court of Appeals as provided by this section. The trial clerk shall write the numbers of the two courts of appeals on identical slips of paper and place the slips in a container. When a notice of appeal or appeal bond is filed, the trial court clerk shall draw a number from the container at random, in a public place, and shall assign the case and any companion cases to the court of appeals for the corresponding number drawn.
(i) Subject to Subchapter A, Chapter 73, the clerks of the First and the Fourteenth Courts of Appeals Districts may from time to time equalize the dockets of the two courts by transferring cases from one court to the other. The court to which the case is transferred has jurisdiction over the matter.
(j) Each of the justices on the court of appeals shall designate the county of his permanent residence on the records of the court in which the justice serves. The county of a justice's permanent residence is the justice's permanent post of duty.
(j-1) Expired.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 1.03 to 1.07, eff. Sept. 1, 1987.
§ 22.2021. APPELLATE JUDICIAL SYSTEM. (a) The commissioners court of each county in the First or Fourteenth Court of Appeals District shall establish an appellate judicial system to:
(1) assist the courts of appeals for the county in the processing of appeals filed from the county court, county courts at law, probate courts, and district courts; and
(2) defray costs and expenses incurred for the operation of the courts of appeals in this state for which the county is required by law to reimburse other counties in the court of appeals district.
(b) To fund the system, the commissioners court shall set a court costs fee of not more than $5 for each civil suit filed in county court, county court at law, probate court, or district court in the county.
(c) The court costs fee does not apply to a suit filed by the county or to a suit for delinquent taxes.
(d) The court costs fee shall be taxed, collected, and paid as other court costs in a suit. The clerk of the court shall collect the court costs fee set under this section and pay it to the county officer who performs the county treasurer's functions. That officer shall deposit the fee in a separate appellate justice system fund. The commissioners court shall administer the fund to maintain the system in cooperation with the chief justice of the courts of appeals. The fund may not be used for any other purpose.
(e) The commissioners court shall annually order the funds collected under this section to be forwarded to the court of appeals for expenditure by the courts of appeals for the court of appeals district's judicial system.
(f) The commissioners court has the authority necessary to assist the courts of appeals in the administration of the system, including the authority to contract with any private nonprofit corporation, public corporation, or a combination of those corporations.
(g) The chief justice of the courts of appeals, with the approval and consent of the commissioners court, shall manage the fund.
Added by Acts 1989, 71st Leg., ch. 2, § 8.01(a), eff. Aug. 28, 1989.
§ 22.203. SECOND COURT OF APPEALS. (a) The Court of Appeals for the Second Court of Appeals District shall be held in the City of Fort Worth.
(b) The court may transact its business in any county in the district as the court determines is necessary or convenient.
(c) to (f) Repealed by Acts 2003, 78th Leg., ch. 693, § 4. (g) If any additional offices of justices of the court are created, the designation for those offices shall be in consecutive numerical order beginning with Place 8. If two or more offices of justice are created to take effect the same date, and the legislature does not specify places for those offices, the court shall by rule determine places for each office. If the court does not determine places before a person is appointed or elected to fill the initial vacancy, the places are determined by the seniority system established as provided by Subsection (f).
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 1.08, 2.05(a), eff. Sept. 1, 1987; Acts 2003, 78th Leg., ch. 693, § 4, eff. Sept. 1, 2003.
§ 22.2031. APPELLATE JUDICIAL SYSTEM. (a) The commissioners court of each county in the Second Court of Appeals District by order entered in its minutes may establish an appellate judicial system to:
(1) assist the court of appeals for the county in the processing of appeals filed with the court of appeals from the county courts, statutory county courts, probate courts, and district courts; and
(2) defray costs and expenses incurred by the county under Section 22.203. (b) To fund the system, the commissioners court may set a court costs fee of not more than $5 for each civil suit filed in county court, statutory county court, probate court, or district court in the county.
(c) The court costs fee does not apply to a suit filed by the county or to a suit for delinquent taxes.
(d) The court costs fee shall be taxed, collected, and paid as other court costs in a suit. The clerk of the court shall collect the court costs fee set under this section and pay it to the county officer who performs the county treasurer's functions. That officer shall deposit the fee in a separate appellate justice system fund. The commissioners court shall establish and maintain the fund to assist the court of appeals district. The fund may not be used for any other purpose.
(e) The commissioners court shall annually order the funds collected under this section to be forwarded to the court of appeals for expenditure by the court of appeals for its judicial system.
(f) The commissioners court shall vest management of the system in the chief justice of the court of appeals. The commissioners court has the authority necessary to assist the court of appeals in the administration and management of the system and to contract with any private corporation, public corporation, or a combination of those corporations.
Added by Acts 1991, 72nd Leg., ch. 93, § 1, eff. Sept. 1, 1991.
§ 22.204. THIRD COURT OF APPEALS. (a) The Court of Appeals for the Third Court of Appeals District shall be held in the City of Austin.
(b) The court may transact its business at the county seat of any of the counties within its district as the court determines is necessary and convenient, except that all cases originating in Travis County shall be heard and transacted in that county.
(c) The counties other than Travis County composing the Third Court of Appeals District shall annually reimburse Travis County for the costs incurred by Travis County during its previous fiscal year for supplemental salaries and fringe benefits for the justices of that court of appeals.
(d) Each county, including Travis County, shall pay a share based on the proportion its population bears to the total population of all the counties in the district according to the most recent federal census.
(e) A county shall pay its share not later than the 60th day after the beginning of the county's fiscal year.
(f) The Commissioners Court of Travis County shall provide each county liable for the reimbursement with a statement of that county's share. The statement must be approved by the chief justice of the Court of Appeals for the Third Court of Appeals District.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 1.09, 2.06(a), eff. Sept. 1, 1987.
§ 22.2041. APPELLATE JUDICIAL SYSTEM. (a) The commissioners court of each county in the Third Court of Appeals District, by order entered in its minutes, shall establish an appellate judicial system to:
(1) assist the court of appeals for the county in the processing of appeals filed with the court of appeals from the county courts, county courts at law, probate courts, and district courts; and
(2) defray costs and expenses incurred by the county under Section 22.204. (b) To fund the system, the commissioners court shall set a court costs fee of $5 for each civil suit filed in county court, county court at law, probate court, or district court in the county.
(c) The court costs fee does not apply to a suit filed by the county or to a suit for delinquent taxes.
(d) The court costs fee shall be taxed, collected, and paid as other court costs in a suit. The clerk of the court shall collect the court costs fee set under this section and pay it to the county officer who performs the county treasurer's functions. That officer shall deposit the fee in a separate appellate judicial system fund. The commissioners court shall administer the fund to establish and maintain a fund system to assist the court of appeals in the district. The fund may not be used for any other purpose.
(e) The commissioners court shall monthly order the funds collected under this section to be forwarded to the court of appeals for expenditures by the court of appeals for its judicial system.
(f) The commissioners court shall vest management of the system in the chief justice of the court of appeals.
Added by Acts 2005, 79th Leg., ch. 1341, § 1, eff. Sept. 1, 2005.
§ 22.205. FOURTH COURT OF APPEALS. (a) The Court of Appeals for the Fourth Court of Appeals District shall be held in the City of San Antonio.
(b) The court may transact its business at the county seat of any of the counties within its district, as the court determines is necessary and convenient, except that all cases originating in Bexar County that the court hears shall be heard and transacted in that county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.07(a), eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 99, § 1, eff. May 15, 1991.
§ 22.2051. APPELLATE JUDICIAL SYSTEM. (a) The commissioners court of each county in the Fourth Court of Appeals District, by order entered in its minutes, shall establish an appellate judicial system to:
(1) assist the court of appeals for the county in the processing of appeals filed with the court of appeals from the county courts, county courts at law, probate courts, and district courts; and
(2) defray costs and expenses incurred by the county under Section 22.205. (b) To fund the system, the commissioners court shall set a court costs fee of not more than $5 for each civil suit filed in county court, county court at law, probate court, or district court in the county.
(c) The court costs fee does not apply to a suit filed by the county or to a suit for delinquent taxes.
(d) The court costs fee shall be taxed, collected, and paid as other court costs in a suit. The clerk of the court shall collect the court costs fee set under this section and pay it to the county officer who performs the county treasurer's functions. That officer shall deposit the fee in a separate appellate judicial system fund. The commissioners court shall administer the fund to establish and maintain a fund system to assist the court of appeals in the district. The fund may not be used for any other purpose.
(e) The commissioners court shall monthly order the funds collected under this section to be forwarded to the court of appeals for expenditure by the court of appeals for its judicial system.
(f) The commissioners court shall vest management of the system in the chief justice of the court of appeals.
Added by Acts 1997, 75th Leg., ch. 146, § 1, eff. Sept. 1, 1997.
§ 22.206. FIFTH COURT OF APPEALS. (a) The Court of Appeals for the Fifth Court of Appeals District shall be primarily held in the City of Dallas.
(b) The court may transact its business in any county in the district as the court determines is necessary and convenient.
(c) The court may establish offices for the clerk, justices, and other support personnel in any county in the district and in more than one location in any county in the district as the court determines is necessary and convenient.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 1.10, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 210, § 1, eff. Sept. 1, 1989.
§ 22.2061. APPELLATE JUDICIAL SYSTEM. (a) The commissioners court of each county in the Fifth Court of Appeals District, by order entered in its minutes, shall establish an appellate judicial system to:
(1) assist the court of appeals for the county in the processing of appeals filed with the court of appeals from the county court, county courts at law, probate courts, and district courts; and
(2) defray costs and expenses incurred by the county under Section 22.206. (b) To fund the system, the commissioners court shall set a court costs fee of not more than $5 for each civil suit filed in county court, county court at law, probate court, or district court in the county.
(c) The court costs fee does not apply to a suit filed by the county or to a suit for delinquent taxes.
(d) The court costs fee shall be taxed, collected, and paid as other court costs in a suit. The clerk of the court shall collect the court costs fee set under this section and pay it to the county officer who performs the county treasurer's functions. That officer shall deposit the fee in a separate appellate justice system fund. The commissioners court shall administer the fund to establish and maintain a fund system to assist the court of appeals in the district. The fund may not be used for any other purpose.
(e) The commissioners court has the authority necessary to assist the court of appeals in the administration of the system and the system's judicial and staff education program, including the authority to contract with any private nonprofit corporation, public corporation, or a combination of those corporations.
(f) The commissioners court shall vest management of the system in the chief justice of the court of appeals in the district.
Added by Acts 1989, 71st Leg., ch. 2, § 8.02(a), eff. Aug. 28, 1989.
§ 22.207. SIXTH COURT OF APPEALS. (a) The Court of Appeals for the Sixth Court of Appeals District shall be held in the City of Texarkana.
(b) The court may transact its business in the City of Texarkana or the county seat of any county in the district as the court determines is necessary or convenient, except that all cases originating in Bowie County shall be heard and transacted in the City of Texarkana.
(c) Repealed by Acts 2005, 79th Leg., ch. 542, § 2.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 1.11, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 647, § 1, eff. Sept. 1, 1991; Acts 2001, 77th Leg., ch. 153, § 1, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 542, § 2, eff. Sept. 1, 2005.
§ 22.208. SEVENTH COURT OF APPEALS. The Court of Appeals for the Seventh Court of Appeals District shall be held in the City of Amarillo.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 1.12, eff. Sept. 1, 1987.
§ 22.209. EIGHTH COURT OF APPEALS. (a) The Court of Appeals for the Eighth Court of Appeals District shall be held in the City of El Paso.
(b) The court may transact its business at the county seat of any county in the district as the court determines is necessary and convenient, except all cases originating in El Paso County shall be heard and transacted in that county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 1.13, eff. Sept. 1, 1987.
§ 22.210. NINTH COURT OF APPEALS. (a) The Court of Appeals for the Ninth Court of Appeals District shall be held in the City of Beaumont.
(b) The City of Beaumont shall furnish and equip suitable rooms for the court and the justices without expense to the state.
(c) The court may transact its business in the City of Beaumont or the county seat of any county in the district as the court determines is necessary or convenient.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 1.14, eff. Sept. 1, 1987; Acts 2003, 78th Leg., ch. 22, § 1, eff. May 12, 2003.
§ 22.211. TENTH COURT OF APPEALS. (a) The Court of Appeals for the Tenth Court of Appeals District shall be held in the City of Waco or in the county seat of any county located within the Tenth Court of Appeals District.
(b) The City of Waco shall furnish and equip suitable rooms for the court and the justices without expense to the state.
(c) Each of the justices on the court of appeals shall designate the county of his permanent residence on the records of the court in which the justice serves. The county of a justice's permanent residence is the justice's permanent post of duty.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 1.15, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 729, § 1, eff. Sept. 1, 1991.
§ 22.212. ELEVENTH COURT OF APPEALS. (a) The Court of Appeals for the Eleventh Court of Appeals District shall be held in the City of Eastland.
(b) Eastland County shall furnish and equip suitable rooms for the court and the justices without expense to the state.
(c) The court may transact its business in the City of Eastland or in any county in the district as the court determines is necessary or convenient.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 1.16, eff. Sept. 1, 1987; Acts 2005, 79th Leg., ch. 1366, § 1, eff. Sept. 1, 2005.
§ 22.2121. APPELLATE JUDICIAL SYSTEM. (a) The commissioners court of each county in the Eleventh Court of Appeals District, on request of the chief justice of the court of appeals, by order entered in its minutes shall establish an appellate judicial system to:
(1) assist the court of appeals for the county in the processing of appeals filed with the court of appeals from the county courts, statutory county courts, probate courts, and district courts; and
(2) defray costs and expenses incurred by the county under Section 22.212. (b) To fund the system, the commissioners court shall set a court costs fee of $5 for each civil suit filed in county court, statutory county court, probate court, or district court in the county.
(c) The court costs fee does not apply to a suit filed by any governmental entity or to a suit for delinquent taxes.
(d) The court costs fee shall be taxed, collected, and paid as other court costs in a suit. The clerk of the court shall collect the court costs fee set under this section and pay it to the county officer who performs the county treasurer's functions. That officer shall deposit the fee in a separate appellate justice system fund. The commissioners court shall establish and maintain the fund to assist the court of appeals district. The fund may not be used for any other purpose.
(e) The commissioners court shall monthly order the funds collected under this section to be forwarded to the clerk of the court of appeals for expenditure by the court of appeals for its judicial system.
(f) The commissioners court shall vest management of the system in the chief justice of the court of appeals.
Added by Acts 2005, 79th Leg., ch. 1257, § 1, eff. Sept. 1, 2005.
§ 22.213. TWELFTH COURT OF APPEALS. (a) The Court of Appeals for the Twelfth Court of Appeals District shall be held in the City of Tyler.
(b) The City of Tyler and Smith County shall furnish and equip suitable rooms and a library for the court and the justices without expense to the state.
(c) The court may transact its business in the City of Tyler or at the county seat of any county in the district as the court determines is necessary or convenient, except that all cases originating in Smith County shall be heard and transacted in the City of Tyler.
(d) Repealed by Acts 2005, 79th Leg., ch. 542, § 2.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 1.17, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 604, § 1, eff. Aug. 31, 1987; Acts 1991, 72nd Leg., ch. 647, § 2, eff. Sept. 1, 1991; Acts 2005, 79th Leg., ch. 542, § 2, eff. Sept. 1, 2005.
§ 22.214. THIRTEENTH COURT OF APPEALS. (a) The Court of Appeals for the Thirteenth Court of Appeals District shall be held in the City of Corpus Christi and the City of Edinburg.
(b) Nueces County shall furnish and equip suitable rooms in the City of Corpus Christi and Hidalgo County shall furnish and equip suitable rooms in the City of Edinburg for the court and the justices without expense to the state.
(c) The court may transact its business at the county seat of any county in the district as the court determines is necessary and convenient, except that:
(1) all cases originating in Nueces County shall be heard and transacted in Nueces County; and
(2) all cases originating in Cameron, Hidalgo, or Willacy County shall be heard and transacted in Cameron, Hidalgo, or Willacy County.
(d) The commissioners courts of the counties in the district by adopting concurrent orders may authorize the payment of an automobile allowance in an amount not to exceed $15,000 annually to each of the justices of the court for automobile expenses incurred in performing official duties.
(e) The automobile allowance authorized by Subsection (d) is not subject to:
(1) the limitations on additional compensation paid to a justice of a court of appeals district imposed by Section 31.003; or
(2) the salary differentials provided by Subchapter B, Chapter 659. (f) Nueces County shall each fiscal year pay the total amount of the supplemental salaries, car allowances, and fringe benefits to the justices of the court. Each county composing the district, except Nueces County, shall annually reimburse Nueces County for that county's portion of the total amount paid under this subsection by Nueces County during the preceding fiscal year. Each county in the district, including Nueces County, is liable for a share of the total amount paid, based on the proportion that county's population bears to the total population of all the counties in the district.
(g) The Commissioners Court of Nueces County shall provide to each county liable for the reimbursement under Subsection (f) a statement of that county's share. The statement must be approved by the chief justice of the Court of Appeals for the Thirteenth Court of Appeals District. A county shall pay its share of the reimbursement not later than the 60th day after the beginning of the county's fiscal year.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 1.18, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1037, § 1, eff. Aug. 28, 1989; Acts 2001, 77th Leg., ch. 1177, § 1, eff. Sept. 1, 2001.
§ 22.2141. APPELLATE JUDICIAL SYSTEM. (a) The commissioners court of each county in the Thirteenth Court of Appeals District, by order entered in its minutes, shall establish an appellate judicial system to:
(1) assist the court of appeals for the county in the processing of appeals filed with the court of appeals from the county courts, county courts at law, probate courts, and district courts; and
(2) defray costs and expenses incurred by the county under Section 22.214. (b) To fund the system, the commissioners court shall set a court costs fee of not more than $5 for each civil suit filed in a county court, county court at law, probate court, or district court in the county.
(c) The court costs fee does not apply to a suit filed by the county or to a suit for delinquent taxes.
(d) The court costs fee shall be taxed, collected, and paid as other court costs in a suit. The clerk of the court shall collect the court costs fee set under this section and pay it to the county officer who performs the county treasurer's functions. That officer shall deposit the fee in a separate appellate judicial system fund. The commissioners court shall administer the fund to accomplish the purposes described by Subsection (a). The fund may not be used for any other purpose.
(e) Not later than the 91st day of each county fiscal year, the commissioners court shall order the balance remaining in the appellate judicial system fund at the close of the previous fiscal year to be forwarded to the court of appeals for expenditure by the court of appeals for the court's judicial system.
(f) The commissioners court shall vest management of the system in the chief justice of the court of appeals in the district.
Added by Acts 2001, 77th Leg., ch. 1177, § 2, eff. Sept. 1, 2001.
§ 22.215. FOURTEENTH COURT OF APPEALS. (a) The Court of Appeals for the Fourteenth Court of Appeals District shall be held in the City of Houston.
(b) Harris County shall furnish and equip suitable rooms in Houston for the court and the justices without expense to the state.
(c) The Fourteenth Court of Appeals may transact its business in any county in the First Court of Appeals District as the court determines necessary and convenient.
(d) Each of the justices on the court of appeals shall designate the county of his permanent residence on the records of the court in which the justice serves. The county of a justice's permanent residence is the justice's permanent post of duty.
(e) Section 22.202, relating to the First Court of Appeals, contains provisions applicable to both that court and the Fourteenth Court of Appeals.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 1.19, 1.20, eff. Sept. 1, 1987.
§ 22.216. MEMBERSHIP; PERMANENT PLACE DESIGNATIONS. (a) The Court of Appeals for the First Court of Appeals District consists of a chief justice and of eight justices holding places numbered consecutively beginning with Place 2.
(b) The Court of Appeals for the Second Court of Appeals District consists of a chief justice and of six justices holding places numbered consecutively beginning with Place 2.
(c) The Court of Appeals for the Third Court of Appeals District consists of a chief justice and of five justices holding places numbered consecutively beginning with Place 2.
(d) The Court of Appeals for the Fourth Court of Appeals District consists of a chief justice and of six justices holding places numbered consecutively beginning with Place 2.
(e) The Court of Appeals for the Fifth Court of Appeals District consists of a chief justice and of 12 justices holding places numbered consecutively beginning with Place 2.
(f) The Court of Appeals for the Sixth Court of Appeals District consists of a chief justice and of two justices holding places numbered consecutively beginning with Place 2.
(g) The Court of Appeals for the Seventh Court of Appeals District consists of a chief justice and of three justices holding places numbered consecutively beginning with Place 2.
(h) The Court of Appeals for the Eighth Court of Appeals District consists of a chief justice and of two justices holding places numbered consecutively beginning with Place 2.
(i) The Court of Appeals for the Ninth Court of Appeals District consists of a chief justice and of three justices holding places numbered consecutively beginning with Place 2.
(j) The Court of Appeals for the Tenth Court of Appeals District consists of a chief justice and of two justices holding places numbered consecutively beginning with Place 2.
(k) The Court of Appeals for the Eleventh Court of Appeals District consists of a chief justice and of two justices holding places numbered consecutively beginning with Place 2.
(l) The Court of Appeals for the Twelfth Court of Appeals District consists of a chief justice and of two justices holding places numbered consecutively beginning with Place 2.
(m) The Court of Appeals for the Thirteenth Court of Appeals District consists of a chief justice and of five justices holding places numbered consecutively beginning with Place 2.
(n) The Court of Appeals for the Fourteenth Court of Appeals District consists of a chief justice and of eight justices holding places numbered consecutively beginning with Place 2.
(o) The designation of offices and places under this section identifies the offices and places for all purposes, including identification on official ballots for primary and general elections.
(p) If any additional offices of justice of a court of appeals are created, the designation for those offices shall be in consecutive numerical order beginning with the next available place number. If two or more offices of justice are created to take effect the same date, and the legislature does not specify places for those offices, the applicable court of appeals shall by rule determine places for each office. If the court does not determine places before a person is appointed or elected to fill the initial vacancy, the places are determined by seniority. The chief justice of the applicable court shall file the names and place numbers of the justices with the secretary of state and the clerk of the court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 1.21 to 1.34, eff. Sept. 1, 1987; Acts 2003, 78th Leg., ch. 315, § 5, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 315, § 6, eff. Jan. 1, 2005; Acts 2003, 78th Leg., ch. 662, § 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 662, § 3, eff. Jan. 1, 2005; Acts 2003, 78th Leg., ch. 693, § 3, eff. Sept. 1, 2003.
§ 22.217. DISQUALIFICATION. (a) The fact that at least two members of a court of appeals are disqualified to determine a case in the court shall be certified to the governor.
(b) The governor immediately shall commission the requisite number of persons who are learned in the law to try and determine the case.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.218. TERM OF COURT. The term of each court of appeals begins and ends with each calendar year.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.219. ADJOURNMENT. (a) A court of appeals may adjourn from day to day or for the periods that it considers proper.
(b) If a quorum of a court is not present on any day of the term, a justice of the court or the bailiff attending the court may adjourn the court from time to time until a quorum is present, but the court may not be finally adjourned for the term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.220. CIVIL JURISDICTION. (a) Each court of appeals has appellate jurisdiction of all civil cases within its district of which the district courts or county courts have jurisdiction when the amount in controversy or the judgment rendered exceeds $100, exclusive of interest and costs.
(b) If a court of appeals having jurisdiction in a case, matter, or controversy that requires immediate action is unable to take immediate action because the illness, absence, or unavailability of the justices causes fewer than three members of the court to be present, the nearest available court of appeals, under rules prescribed by the supreme court, may take the action required in the case, matter, or controversy.
(c) Each court of appeals may, on affidavit or otherwise, as the court may determine, ascertain the matters of fact that are necessary to the proper exercise of its jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.221. WRIT POWER. (a) Each court of appeals or a justice of a court of appeals may issue a writ of mandamus and all other writs necessary to enforce the jurisdiction of the court.
(b) Each court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against a:
(1) judge of a district or county court in the court of appeals district; or
(2) judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district.
(c) Repealed by Acts 1987, 70th Leg., ch. 148, § 2.03, eff. Sept. 1, 1987.
(d) Concurrently with the supreme court, the court of appeals of a court of appeals district in which a person is restrained in his liberty, or a justice of the court of appeals, may issue a writ of habeas corpus when it appears that the restraint of liberty is by virtue of an order, process, or commitment issued by a court or judge because of the violation of an order, judgment, or decree previously made, rendered, or entered by the court or judge in a civil case. Pending the hearing of an application for a writ of habeas corpus, the court of appeals or a justice of the court of appeals may admit to bail a person to whom the writ of habeas corpus may be granted.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 69, § 1, eff. May 6, 1987; Acts 1987, 70th Leg., ch. 148, § 1.35, 2.03, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 58, § 1, eff. May 2, 1991; Acts 1995, 74th Leg., ch. 839, § 1, eff. Sept. 1, 1995.
§ 22.222. COURT SITTING IN PANELS. (a) Each court of appeals may sit in panels of not fewer than three justices for the purpose of hearing cases.
(b) If more than one panel is used, the court of appeals shall establish rules to periodically rotate the justices among the panels. Permanent civil panels and criminal panels without rotation may not be established.
(c) A majority of a panel constitutes a quorum for the transaction of business, and the concurrence of a majority of a panel is necessary for a decision.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.223. COURT SITTING EN BANC. (a) The chief justice of each court of appeals, under rules established by the court, shall convene the court en banc for the transaction of all business other than the hearing of cases and may convene the court en banc for the purpose of hearing cases.
(b) When convened en banc, a majority of the membership of the court constitutes a quorum and the concurrence of a majority of the court sitting en banc is necessary for a decision.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.224. SEAL. The clerk of each court of appeals shall obtain a seal for the court. The seal shall have a star with five points and the words "Court of Appeals of the State of Texas" engraved on it.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.225. EFFECT OF JUDGMENT IN CIVIL CASES. (a) A judgment of a court of appeals is conclusive on the facts of the case in all civil cases.
(b) Except as provided by Subsection (c) or (d), a judgment of a court of appeals is conclusive on the law and facts, and a petition for review is not allowed to the supreme court, in the following civil cases:
(1) a case appealed from a county court or from a district court when, under the constitution, a county court would have had original or appellate jurisdiction of the case, with the exception of a probate matter or a case involving state revenue laws or the validity or construction of a statute;
(2) a case of a contested election other than a contested election for a state officer, with the exception of a case where the validity of a statute is questioned by the decision;
(3) an appeal from an interlocutory order appointing a receiver or trustee or from other interlocutory appeals that are allowed by law;
(4) an appeal from an order or judgment in a suit in which a temporary injunction has been granted or refused or when a motion to dissolve has been granted or overruled; and
(5) all other cases except the cases where appellate jurisdiction is given to the supreme court and is not made final in the courts of appeals.
(c) This section does not deprive the supreme court of jurisdiction of a civil case brought to the court of appeals from an appealable judgment of a trial court in which the justices of the courts of appeals disagree on a question of law material to the decision or in which one of the courts of appeals holds differently from a prior decision of another court of appeals or of the supreme court, as provided by Subdivisions (1) and (2) of Section 22.001(a).
(d) A petition for review is allowed to the supreme court for an appeal from an interlocutory order described by Section 51.014(a)(3), (6), or (11), Civil Practice and Remedies Code.
(e) For purposes of Subsection (c), one court holds differently from another when there is inconsistency in their respective decisions that should be clarified to remove unnecessary uncertainty in the law and unfairness to litigants.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 1106, § 2, eff. June 20, 1987; Acts 1993, 73rd Leg., ch. 855, § 2, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 204, § 1.02, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 97, § 6, eff. Sept. 1, 2005.
§ 22.226. MANDATE. When the court from which an appeal is taken is deprived of jurisdiction over the case pending the appeal and the case is determined by a court of appeals or the court of criminal appeals, the mandate of the appellate court that determines the case shall be directed to the court that had jurisdiction over the case, as also provided by Section 22.102.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.228. SPECIAL COMMISSIONER. (a) The other justices of a court of appeals shall certify to the governor the following facts when they occur:
(1) a justice of the court of appeals is totally disabled to discharge any of the duties of his office because of physical or mental illness that probably is permanent, has remained in that condition continuously for at least one year, and probably will continue to be incapacitated by the illness for the balance of his term of office; or
(2) a justice of the court of appeals has been called or ordered into the active military service of the United States.
(b) On receipt of a certificate that a justice is disabled or on active military service, the governor shall investigate and verify the facts contained in the certificate. If the governor determines that the appointment of a special commissioner is necessary, he promptly shall appoint a special commissioner who has the qualifications of a member of a court of appeals to assist the court.
(c) A special commissioner may sit with the court, hear arguments on submitted cases, and write opinions on the cases if directed to do so by the court. When the opinion of a special commissioner is adopted by the court of appeals, it becomes the opinion of the court.
(d) A special commissioner appointed by the governor shall receive the same compensation as a regular justice of the courts of appeals.
(e) A special commissioner who is appointed because of the disability of a justice serves on the court until the recovery from the disability, the death, or the expiration of the term of the disabled justice, except that a special commissioner may not serve for more than two years under the same appointment. In the event of a recovery from the disability, a majority of the justices of the court of appeals shall certify to the governor that the disabled justice is recovered. The certificate of a majority of the justices is conclusive evidence of the recovery of the disabled justice.
(f) A special commissioner who is appointed because a justice is on active military service serves on the court until the discharge of the justice from the military service or the expiration of the term of the justice who is on military service, except that a special commissioner may not serve more than two years under the same appointment. When the active military service of a justice of a court of appeals is terminated, the other justices of the court shall certify the termination to the governor. The certificate of the other justices is conclusive evidence of the termination of the active military service.
(g) This section does not give the members of a court of appeals or the governor the power to remove or suspend from office a justice of a court of appeals or to interfere with a justice in his constitutional rights and powers.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER D. GENERAL PROVISIONS
§ 22.301. SALARIES OF OFFICERS AND PERSONNEL OF APPELLATE COURTS. The salaries of the state prosecuting attorney and the clerks, other officers, and employees of the supreme court, court of criminal appeals, and courts of appeals shall be determined by the legislature in its appropriation acts for the support of the judiciary.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.302. USE OF TELECONFERENCING TECHNOLOGY. (a) At the discretion of its chief justice or presiding judge, the supreme court, the court of criminal appeals, or a court of appeals may order that oral argument be presented through the use of teleconferencing technology. The court and the parties or their attorneys may participate in oral argument from any location through the use of teleconferencing technology.
(b) In this section, "teleconferencing technology" means technology that provides for a conference of individuals in different locations, connected by electronic means, through both audio and video.
Added by Acts 1997, 75th Leg., ch. 732, § 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1085, § 2, eff. Sept. 1, 1999. § 23.001. JUVENILE JURISDICTION. Each district court, county court, and statutory county court exercising any of the constitutional jurisdiction of either a county court or a district court has jurisdiction over juvenile matters and may be designated a juvenile court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 168, § 5, eff. Aug. 30, 1993.
SUBCHAPTER B. PRIORITY IN SETTING HEARINGS AND TRIALS
§ 23.101. PRIMARY PRIORITIES. (a) The trial courts of this state shall regularly and frequently set hearings and trials of pending matters, giving preference to hearings and trials of the following:
(1) temporary injunctions; (2) criminal actions, with the following actions given preference over other criminal actions:
(A) criminal actions against defendants who are detained in jail pending trial;
(B) criminal actions involving a charge that a person committed an act of family violence, as defined by Section 71.004, Family Code; and
(C) an offense under: (i) Section 21.11, Penal Code; (ii) Chapter 22, Penal Code, if the victim of the alleged offense is younger than 17 years of age;
(iii) Section 25.02, Penal Code, if the victim of the alleged offense is younger than 17 years of age; or
(iv) Section 25.06, Penal Code; (3) election contests and suits under the Election Code; (4) orders for the protection of the family under Subtitle B, Title 4, Family Code;
(5) appeals of final rulings and decisions of the division of workers' compensation of the Texas Department of Insurance regarding workers' compensation claims and claims under the Federal Employers' Liability Act and the Jones Act;
(6) appeals of final orders of the commissioner of the General Land Office under Section 51.3021, Natural Resources Code; and
(7) actions in which the claimant has been diagnosed with malignant mesothelioma, other malignant asbestos-related cancer, malignant silica-related cancer, or acute silicosis.
(b) Insofar as practicable, the trial courts shall observe the preference provided by Subsection (a) in ruling on, hearing, and trying the matters pending before the courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 1037, § 1, eff. Aug. 31, 1987; Acts 1989, 71st Leg., ch. 614, § 22, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 739, § 32, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 755, § 3, eff. Sept. 1, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.01, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 465, § 4, eff. June 11, 1991; Acts 1995, 74th Leg., ch. 67, § 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1279, § 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1276, § 9.001(a), eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 97, § 7, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 265, § 6.001, eff. Sept. 1, 2005.
§ 23.102. SECONDARY PRIORITIES. A matter not included in Section 23.101 shall be set at the discretion of the trial court in which the matter is pending, observing the following priorities:
(1) precedence should be given to matters where delay will cause physical or economic injury to either the parties or the public;
(2) matters involving substantial substantive or constitutional rights should take precedence over matters involving permits, licenses, or privileges;
(3) precedence should be given matters involving important issues that greatly concern the public or materially affect the public welfare; and
(4) precedence should be given matters involving complete restoration of a ward's capacity or modification of a ward's guardianship.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 829, § 1, eff. Sept. 1, 1999.
§ 23.103. EFFECT ON OTHER LAWS. Sections 23.101 and 23.102 do not affect a statute directing a specific court to give preference to cases involving that court's criminal jurisdiction, family law jurisdiction, or other specified jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER C. UNIFORM JURY HANDBOOK
§ 23.201. DEFINITION. In this subchapter, "state bar" means the State Bar of Texas.
Added by Acts 1993, 73rd Leg., ch. 833, § 1, eff. Jan. 1, 1994.
§ 23.202. UNIFORM JURY HANDBOOK; CONTENTS. (a) The state bar shall publish a uniform jury handbook that:
(1) informs jurors in lay terminology of the duties and responsibilities of a juror;
(2) explains basic trial procedures and legal terminology; and (3) provides other practical information relating to jury service. (b) The state bar shall review and update the uniform jury handbook annually. A Spanish language version of the handbook shall be published and made available.
Added by Acts 1993, 73rd Leg., ch. 833, § 1, eff. Jan. 1, 1994.
§ 23.203. DISTRIBUTION OF HANDBOOK. (a) The state bar shall distribute copies of the uniform jury handbook to each trial court of this state in sufficient numbers to meet the requirements of this subchapter.
(b) The clerk of a trial court shall provide each juror in a civil or criminal case with a copy of the uniform jury handbook. The juror shall read the handbook before the juror begins jury service.
(c) The handbook is a public document. The state bar or a trial court may distribute the handbook to promote the public's understanding of jury service.
Added by Acts 1993, 73rd Leg., ch. 833, § 1, eff. Jan. 1, 1994.
§ 23.204. CONFLICT WITH INSTRUCTION OR CHARGE. If a provision of the uniform jury handbook is in conflict with an instruction or charge of a trial judge in a case, the instruction or charge supersedes the provision of the handbook.
Added by Acts 1993, 73rd Leg., ch. 833, § 1, eff. Jan. 1, 1994. § 24.001. AGE QUALIFICATION OF JUDGES. A district judge must be at least 25 years old.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.002. SUBSTITUTE JUDGES. A change of venue is not necessary because of the disqualification of a district judge in a case or proceeding pending in his court, but the judge shall immediately certify his disqualification to the governor. The governor shall designate a district judge of another district to exchange benches with the disqualified judge to try the case. The governor shall notify both judges of his designation, and the judges shall exchange benches. If the judges are prevented from exchanging benches, the parties or their counsels may agree on an attorney of the court for the trial of the case. The district judge or special judge shall certify to the governor the fact of a failure of the parties or their counsels to agree on an attorney, and the governor shall appoint a person legally qualified to act as judge in the trial of the case.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.003. SUBSTITUTE JUDGES IN CERTAIN COUNTIES. (a) This section applies only to civil cases in counties with five or more district courts.
(b) If a district judge is disqualified in a case pending in his court and his disqualification is certified to the governor, the governor may require any other district judge in the county to exchange benches with the disqualified judge.
(c) If a district judge is absent, sick, or disqualified, any of the district judges in the county may hold court for him or may transfer a pending case to the court of any other district judge in the county.
(d) Repealed by Acts 1993, 73rd Leg., ch. 90, § 1, eff. Aug. 30, 1993.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 90, § 1, eff. Aug. 30, 1993.
§ 24.004. SPECIAL JUDGE BY AGREEMENT OF PARTIES. If the parties agree on a special judge for the trial of a particular case, the clerk shall enter in the minutes of the court, as a part of the proceedings in the case, a record showing:
(1) that the judge of the court is disqualified to try the case; (2) the name of the special judge and that the parties agreed on the selection of that judge for the trial of the case; and
(3) that the oath prescribed by law was administered to the special judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.006. SALARY OF SPECIAL JUDGE. (a) This section applies to payment of salary to:
(1) a special judge commissioned by the governor as provided by Article V, Section 11, of the Texas Constitution; and
(2) a special judge agreed on by the parties as provided by Section 24.004.
(b) Each special judge is entitled to receive for each day served as a special judge the same daily salary that a district judge receives.
(c) A special judge commissioned by the governor is also entitled to receive the same daily salary that a district judge receives for each day necessary for the special judge to travel to and from the court.
(d) The daily salary is determined by dividing the annual salary of a district judge by 365.
(e) In order to obtain his salary, a special judge commissioned by the governor must present his sworn account to the comptroller showing the number of travel days that were necessary. The judge must also give the comptroller evidence that the judge was duly commissioned. The account must be certified as correct by the judge of the district or by the court clerk of the court in which he served.
(f) A special judge agreed on by the parties or elected by the practicing lawyers shall be paid on presenting to the comptroller the certificate of the clerk of the court in which he served and the judge's sworn account. The clerk's certificate must show the record of the judge's election or appointment and must show that the judge performed services in the court. The judge's sworn account must show the number of days that he served as the special judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 90, § 4, eff. Aug. 30, 1993.
§ 24.007. JURISDICTION. The district court has the jurisdiction provided by Article V, Section 8, of the Texas Constitution.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 1.36, eff. Sept. 1, 1987.
§ 24.008. OTHER JURISDICTION. The district court may hear and determine any cause that is cognizable by courts of law or equity and may grant any relief that could be granted by either courts of law or equity.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.009. JURISDICTIONAL AMOUNT IF PARTIES PROPERLY JOIN IN ONE SUIT. If two or more persons originally and properly join in one suit, the suit for jurisdictional purposes is treated as if one party is suing for the aggregate amount of all their claims added together, excluding interest and costs. This section does not prevent jurisdiction from attaching on any other ground.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.010. JURISDICTION OF FAILURE TO PAY OVER CERTAIN MONEY. The district court may hear and determine:
(1) motions against sheriffs and other officers of the court for failure to pay over money collected under the process of the court or other defalcation of duty in connection with the process; and
(2) motions against attorneys for money collected by them and not paid over.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.011. WRIT POWER. A judge of a district court may, either in termtime or vacation, grant writs of mandamus, injunction, sequestration, attachment, garnishment, certiorari, and supersedeas and all other writs necessary to the enforcement of the court's jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.012. TERMS AND SESSIONS OF COURT. (a) Each district and criminal district court holds at least two terms of court each year in each county in the district.
(b) Except as otherwise provided by this chapter, the terms of each district, family district, and criminal district court are continuous. Each term begins on a day fixed by law and continues until the day fixed by law for the beginning of the next succeeding term.
(c) The commencement of a term of court is not affected by the fact that the first day of the term falls on a legal holiday or the judge is absent from the county on the first day of the term.
(d) A district judge may hold as many sessions of court in a county as he considers proper and expedient for the dispatch of business and may adopt rules for that purpose as authorized by the statutes of this state and the Texas Rules of Civil Procedure.
(e) A district judge may hear a nonjury matter relating to a civil or criminal case at a correctional facility in the county in which the case is filed or prosecuted if a party to the case or the criminal defendant is confined in the correctional facility. For purposes of this subsection, "correctional facility" has the meaning assigned by Section 1.07, Penal Code.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 1494, § 1, eff. Sept. 1, 2001.
§ 24.013. JUDGE'S POWERS IN VACATION. (a) A judge may, in vacation with the consent of the parties to a case:
(1) exercise powers, issue orders, and perform acts as fully as in termtime; and
(2) try any civil case without a jury and enter final judgment. (b) The right of appeal, writ of error, and rules of procedure apply to actions taken under this section as if done in termtime.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., 1st C.S., ch. 25, § 35, eff. Nov. 1, 1989.
§ 24.014. SPECIAL TERMS. (a) A district judge may set a time for and hold a special term in any county in his district.
(b) The judge may appoint jury commissioners who select and draw grand and petit jurors as provided by law. The jurors may be summoned to appear before the court at the time designated by the judge.
(c) The judge may determine whether or not to draw or empanel a grand jury. (d) A new civil case may not be brought to a special term of the court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.015. PROCEDURE AT SPECIAL TERM. (a) Juries for special terms authorized by Section 24.014 shall be summoned in the manner provided by law for regular terms.
(b) Any proceeding in a case that may be held at a regular term may also be held at a special term.
(c) The following procedures in any civil or criminal case are the same and have the same force and effect when done at a special term as though done at a regular term:
(1) the issuance of process, whether to a regular term or a special term; (2) the conduct of proceedings; (3) the issuance of an order, judgment, or decree; and (4) an appeal. (d) A proceeding held at a special term may be appealed as if it were held at a regular term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.016. APPOINTED COUNSEL. A district judge may appoint counsel to attend to the cause of a party who makes an affidavit that he is too poor to employ counsel to attend to the cause.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.017. PROCEEDINGS IN MULTICOUNTY DISTRICTS. (a) This section applies in judicial districts that are composed of more than one county.
(b) Except as provided by this section, the judge of a district court may, in any county in his judicial district:
(1) hear and determine all preliminary and interlocutory matters in which a jury may not be demanded;
(2) hear and determine uncontested or agreed cases and contests of elections pending in his district, unless a party to the suit objects; and
(3) sign all necessary orders and judgments in those matters. (c) The judge may sign an order or decree in any case pending for trial or on trial before him in any county in his district at a place that is convenient to the judge and forward the order or decree to the clerk for filing and entry.
(d) A district judge who is assigned to preside in a court of another judicial district or is presiding in exchange or at the request of the regular judge of the court may, in the manner provided by this section for the regular judge, hear, determine, and enter the orders, judgments, and decrees in a case that is pending for trial or has been tried before the visiting judge.
(e) All contested divorce cases, all default judgments, and all cases in which any of the parties are cited by publication must be tried in the county in which the case is filed unless other law authorizes the case to be tried in another county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.018. CERTAIN EFFECT OF DISTRICT REORGANIZATION. If the counties that compose a judicial district or the time or place for holding terms of a district court are changed by law:
(1) the process and writs issued from the district court and made returnable to a term of court fixed by the law at the time of the issuance are returnable to the next term of the court as fixed by the amended law and are as legal and valid as if they were made returnable to the term of the court as fixed by the amended law;
(2) the grand and petit jurors selected or drawn under the prior law in any county in the judicial district are lawfully selected or drawn for the next term of the district court of the county as fixed by the amended law; and
(3) the obligees in all appearance bonds and recognizances taken in and for the district court and the witnesses summoned to appear before the district court under the prior law are required to appear at the next term of the court as fixed by the amended law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.019. EXPENSES OF DISTRICT JUDGE. (a) A district judge engaged in the discharge of official duties in a county other than the judge's county of residence is entitled to traveling and other necessary expenses, as provided by Chapter 660.
(b) A district judge is entitled to receive from the state the actual and necessary postage, telegraph, and telephone expenses incurred in the discharge of official duties.
(c) The expenses shall be paid by the state on a sworn itemized account showing the expenses.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(105), eff. Sept. 1, 1995.
§ 24.020. JURISDICTION OVER COMMISSIONERS COURT. The district court has appellate jurisdiction and general supervisory control over the commissioners court, with the exceptions and regulations prescribed by law.
Added by Acts 1987, 70th Leg., ch. 148, § 1.37, eff. Sept. 1, 1987.
§ 24.021. INCOMPETENCY. For purposes of Article XV, Section 6, of the Texas Constitution, "incompetency" means:
(1) gross ignorance of official duties; (2) gross carelessness in the discharge of official duties; or (3) inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of the judge's election.
Added by Acts 1987, 70th Leg., ch. 149, § 18, eff. Sept. 1, 1987.
§ 24.022. EFFECT OF TRANSFER OF CERTAIN CASES FOLLOWING CREATION OF ADDITIONAL COURT. (a) On the creation of an additional district court in a county, an existing district court in the county may transfer to the new court a case regarding a child who is subject to the continuing exclusive jurisdiction of the existing court under Title 5, Family Code, regardless of whether the case is pending in the existing court or the existing court rendered a final order in the case.
(b) The district court to which the case is transferred under this section acquires continuing exclusive jurisdiction under Title 5, Family Code, over the child.
Added by Acts 2001, 77th Leg., ch. 1148, § 1, eff. June 15, 2001.
SUBCHAPTER B. CERTAIN JUDICIAL DISTRICTS
§ 24.101. 1ST JUDICIAL DISTRICT (JASPER, NEWTON, SABINE, AND SAN AUGUSTINE COUNTIES). (a) The 1st Judicial District is composed of Jasper, Newton, Sabine, and San Augustine counties.
(b) In addition to other jurisdiction provided by law, the 1st District Court in Sabine and San Augustine counties has the civil jurisdiction of a county court.
(c) The terms of the 1st District Court begin: (1) in Jasper County on the first Monday in January and the 22nd Monday after the first Monday in January;
(2) in Newton County on the 5th and 34th Mondays after the first Monday in January;
(3) in San Augustine County on the 11th and 40th Mondays after the first Monday in January; and
(4) in Sabine County on the 17th and 45th Mondays after the first Monday in January.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.102. 2ND JUDICIAL DISTRICT (CHEROKEE COUNTY). (a) The 2nd Judicial District is composed of Cherokee County.
(b) The terms of the 2nd District Court begin on the first Mondays in March and September.
(c) The judge may take a vacation and not attend court for four weeks in each year.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.103. 3RD JUDICIAL DISTRICT (ANDERSON, HENDERSON, AND HOUSTON COUNTIES). (a) The 3rd Judicial District is composed of Anderson, Henderson, and Houston counties.
(b) The terms of the 3rd District Court begin: (1) in Anderson County on the first Mondays in April, July, and December; (2) in Henderson County on the first Mondays in February, June, and September; and
(3) in Houston County on the first Mondays in March, August, and October.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.104. 4TH JUDICIAL DISTRICT (RUSK COUNTY). (a) The 4th Judicial District is composed of Rusk County.
(b) The terms of the 4th District Court begin on the first Mondays in January, March, May, July, September, and November.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.105. 5TH JUDICIAL DISTRICT (BOWIE AND CASS COUNTIES). (a) The 5th Judicial District is composed of Bowie and Cass counties.
(b) In addition to other jurisdiction provided by law, each district court in Bowie and Cass counties has the civil and criminal jurisdiction of a county court.
(c) In Bowie County, the 5th Judicial District has concurrent jurisdiction with the 102nd Judicial District. Either court, in term or in vacation, may transfer a pending civil or criminal case to the other court by an order entered on the minutes of the transferring court.
(d) The terms of the 5th District Court begin: (1) in Bowie County on the first Mondays in January and July; and (2) in Cass County on the first Mondays in February, May, August, and November.
(e) The 5th and 102nd district courts may sit in Bowie County in Texarkana, in addition to Boston, to try, hear, and determine nonjury civil or criminal cases, motions, arguments, and other nonjury matters.
(f) When the courts sit in Texarkana, the Bowie County district clerk or the clerk's deputy shall serve as clerk of the courts and may transfer all necessary books, minutes, and records to Texarkana or Boston when necessary. The Bowie County sheriff or the sheriff's deputy shall attend the courts in Texarkana and perform all duties required by law or by the court.
(g) The Commissioners Court of Bowie County may provide suitable quarters for the 5th and 102nd district courts in Texarkana or may make an agreement with the City of Texarkana to provide quarters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1012, § 1, eff. Sept. 1, 1997.
§ 24.106. 6TH JUDICIAL DISTRICT (FANNIN, LAMAR, AND RED RIVER COUNTIES). (a) The 6th Judicial District is composed of Fannin, Lamar, and Red River counties.
(b) In addition to other jurisdiction provided by law, each district court in Red River County has the civil and criminal jurisdiction of a county court.
(c) In Red River County, the 6th Judicial District has concurrent jurisdiction with the 102nd Judicial District. In Lamar County, the 6th Judicial District has concurrent jurisdiction with the 62nd Judicial District.
(d) In any county in the district in which there are two or more district courts, the judges of those courts may, in their discretion, either in termtime or in vacation, on motion of any party, on agreement of the parties, or on their own motion, transfer any civil or criminal case or proceeding on their dockets to the docket of one of the other district courts. In Lamar County, the judges may transfer a case by an order entered in the minutes of the transferring court. The judges of the courts may, in their discretion, exchange benches or districts from time to time. Any of the judges may in his own courtroom try and determine any case or proceeding pending in any of the other courts without having the case transferred or may sit in any of the other courts and hear and determine any case or proceeding pending in one of those courts. Two or more judges may try different cases in the same court at the same time and each may occupy his own courtroom or the room of any other court. In case of absence, sickness, or disqualification of any of the judges, any other of the judges may hold court for him. Any of the judges may hear and determine any part or question of any case or proceeding pending in any of the courts, and any other of the judges may complete the hearing and render judgment in the proceeding. Any of the judges may hear and determine motions, petitions for injunction, applications for appointment of receivers, interventions, motions to transfer venue, pleas in abatement and all dilatory pleas, motions for new trials, 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 having the matter transferred to the court of the acting judge. The judge in whose court the matter is pending may proceed to hear, complete, and determine the matter or all or any part of any other matter and may render final judgment on it. Any of the judges of the courts may issue restraining orders and injunctions returnable to any of the other courts. This subsection does not limit the powers of the judges when acting for any other judge by exchange of benches or otherwise.
(e) The terms of the 6th District Court in each county in the district begin on the first Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.107. 7TH JUDICIAL DISTRICT (SMITH COUNTY). (a) The 7th Judicial District is composed of Smith County.
(b) The terms of the 7th District Court begin on the first Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.108. 8TH JUDICIAL DISTRICT (DELTA, FRANKLIN, HOPKINS, AND RAINS COUNTIES). (a) The 8th Judicial District is composed of Delta, Franklin, Hopkins, and Rains counties.
(b) In any county in the district in which there are two or more district courts, those district courts have concurrent jurisdiction in that county.
(c) In any county in the district in which there are two or more district courts, the judges of those courts may, in their discretion, either in termtime or in vacation, on motion of any party, on agreement of the parties, or on their own motion, transfer any civil or criminal case or proceeding on their dockets to the docket of one of the other district courts. The judges in Delta and Franklin counties may transfer a case by an order entered on the minutes of the transferring court. The judges of the courts may, in their discretion, exchange benches or districts from time to time. If a judge of one of the courts is disqualified, he may transfer the case or proceeding from his court to one of the other courts. Any of the judges may in his own courtroom try and determine any case or proceeding pending in any of the other courts without having the case transferred or may sit in any of the other courts and hear and determine any case or proceeding pending in one of those courts. Two or more judges may try different cases in the same court at the same time and each may occupy his own courtroom or the room of any other court. In case of absence, sickness, or disqualification of any of the judges, any other of the judges may hold court for him. Any of the judges may hear and determine any part or question of any case or proceeding pending in any of the courts, and any other of the judges may complete the hearing and render judgment in the proceeding. Any of the judges may hear and determine motions, petitions for injunction, applications for appointment of receivers, interventions, motions to transfer venue, pleas in abatement and all dilatory pleas, motions for new trials, 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 having the matter transferred to the court of the acting judge. The judge in whose court the matter is pending may proceed to hear, complete, and determine the matter or all or any part of any other matter and may render final judgment on it. Any of the judges of the courts may issue restraining orders and injunctions returnable to any of the other courts. This subsection does not limit the powers of the judges when acting for any other judge by exchange of benches or otherwise.
(d) The terms of the 8th District Court begin on the first Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.109. 9TH JUDICIAL DISTRICT (MONTGOMERY AND WALLER COUNTIES). (a) The 9th Judicial District is composed of Montgomery and Waller counties.
(b) The 9th and 155th district courts have concurrent jurisdiction in Waller County.
(c) The terms of the 9th District Court begin: (1) in Montgomery County on the first Monday in January and the first Monday in July; and
(2) in Waller County on the first Monday in January and the first Monday in July.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 704, § 1, eff. Jan. 1, 1997; Acts 2003, 78th Leg., ch. 1308, § 1, eff. Sept. 1, 2003.
§ 24.110. 410TH JUDICIAL DISTRICT (MONTGOMERY COUNTY). (a) The 410th Judicial District is composed of Montgomery County.
(b) The terms of the 410th District Court begin on the first Monday in January and the first Monday in July.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 704, § 2, eff. Jan. 1, 1997; Acts 2005, 79th Leg., ch. 657, § 1, eff. Sept. 1, 2005.
§ 24.111. 10TH JUDICIAL DISTRICT (GALVESTON COUNTY). (a) The 10th Judicial District is composed of Galveston County.
(b) The terms of the 10th and 56th district courts begin on the first Mondays in January and July.
(c) In all suits, actions, or proceedings in the district courts in Galveston County, it is sufficient for the address or designation to be the "District Court of Galveston County."
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.112. 11TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 11th Judicial District is composed of Harris County.
(b) The provisions of this section apply to the 11th, 55th, 61st, 80th, 113th, 125th, 127th, 129th, 133rd, 151st, 152nd, 157th, 164th, and 165th judicial districts.
(c) The terms of each of the district courts begin on the first Mondays in January and July. The first term is designated the January-June term and the second term is designated the July-December term.
(d) In all suits, actions, or proceedings in the district courts, it is sufficient for the address or designation to be "District Court of Harris County."
(e) The judge of each district court shall sign the minutes of each court term not later than the 30th day after the end of the term and shall also sign the minutes at the end of each volume of the minutes. Each judge sitting in the court shall sign the minutes of the proceedings that were held before him.
(f) The judge of each district court may take the same vacation as the other district court judges of Harris County at any time during the year. During the judge's vacation, the court term remains open, and the judge of any other district court may hold court during the judge's vacation. The judges of the district courts shall, by agreement among themselves, take their vacations alternately so that there are at all times at least six district court judges in the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 90, § 5, eff. Aug. 30, 1993.
§ 24.113. 12TH JUDICIAL DISTRICT (GRIMES, LEON, MADISON, AND WALKER COUNTIES). (a) The 12th Judicial District is composed of Grimes, Leon, Madison, and Walker counties.
(b) The terms of the 12th District Court in each county of the district begin on the first Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.114. 13TH JUDICIAL DISTRICT (NAVARRO COUNTY). (a) The 13th Judicial District is composed of Navarro County.
(b) In addition to other jurisdiction provided by law, each district court in Navarro County has the civil jurisdiction of a county court.
(c) The terms of the 13th District Court begin on the first Mondays in January, April, July, and October.
(d) The judge of the 13th District Court shall impanel grand juries at the April and October terms and at any other terms as ordered by the judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.115. 14TH JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 14th Judicial District is composed of Dallas County.
(b) The terms of the 14th District Court begin on the second Mondays in January, April, July, and October.
(c) Except for Subsection (b), which applies only to the 14th District Court, this section applies to the 14th, 44th, 68th, 95th, 101st, 116th, 134th, 160th, and 162nd district courts, the Criminal Judicial District of Dallas County, and the Criminal Judicial Districts Nos. 2, 3, 4, 5, 6, and 7 of Dallas County.
(d) The district courts and criminal district courts having jurisdiction in Dallas County have concurrent jurisdiction.
(e) The judges of the district and criminal district courts of Dallas County shall, by agreement among themselves, take vacations so that there are at all times at least three judges of those courts in the county.
(f) Repealed by Acts 1993, 73rd Leg., ch. 90, § 3, eff. Aug. 30, 1993. (g) The Dallas County sheriff or the sheriff's deputy shall attend the courts when required by law or by the judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 2, § 8.44(2), eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 90, § 3, eff. Aug. 30, 1993; Acts 2005, 79th Leg., ch. 1352, § 13(a), eff. Sept. 1, 2005.
§ 24.116. 15TH JUDICIAL DISTRICT (GRAYSON COUNTY). (a) The 15th Judicial District is composed of Grayson County.
(b) The 15th and 59th judicial districts have concurrent jurisdiction in Grayson County.
(c) The terms of the 15th District Court begin on the first Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 610, § 1, eff. Sept. 1, 2005.
§ 24.117. 16TH JUDICIAL DISTRICT (DENTON COUNTY). (a) The 16th Judicial District is composed of Denton County.
(b) The terms of the 16th District Court begin on the first Mondays in January and July of each year.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 649, § 1, eff. June 14, 1989.
§ 24.118. 17TH JUDICIAL DISTRICT (TARRANT COUNTY). (a) The 17th Judicial District is composed of Tarrant County.
(b) The 17th, 48th, 67th, 96th, and 153rd district courts have concurrent jurisdiction in Tarrant County.
(c) The terms of the 17th and 96th district courts begin on the first Mondays in January, April, July, and October.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.119. 18TH JUDICIAL DISTRICT (JOHNSON AND SOMERVELL COUNTIES). (a) The 18th Judicial District is composed of Johnson and Somervell counties.
(b) The terms of the 18th District Court in each county in the district begin on the first Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.27(a), eff. Sept. 1, 1987.
§ 24.120. 19TH JUDICIAL DISTRICT (MCLENNAN COUNTY). (a) The 19th Judicial District is composed of McLennan County.
(b) The 19th, 54th, 74th, and 170th district courts have concurrent jurisdiction in McLennan County.
(c) The terms of the 19th District Court begin on the second Mondays in January, March, May, July, September, and November.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.121. 20TH JUDICIAL DISTRICT (MILAM COUNTY). (a) The 20th Judicial District is composed of Milam County.
(b) The terms of the 20th District Court begin on the third Mondays in January, May, and September.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.122. 21ST JUDICIAL DISTRICT (BASTROP, BURLESON, LEE, AND WASHINGTON COUNTIES). (a) The 21st Judicial District is composed of Bastrop, Burleson, Lee, and Washington counties.
(b) The terms of the 21st District Court begin: (1) in Bastrop County on the second Tuesday in January and the 15th Tuesday after the first Tuesday in March;
(2) in Burleson County on the 10th Tuesdays after the first Tuesdays in March and September;
(3) in Lee County on the sixth Tuesdays after the first Tuesdays in March and September; and
(4) in Washington County on the first Tuesdays in March and September.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.123. 22ND JUDICIAL DISTRICT (CALDWELL, COMAL, AND HAYS COUNTIES). (a) The 22nd Judicial District is composed of Caldwell, Comal, and Hays counties.
(b) In addition to other jurisdiction provided by law, each district court in Comal County has the civil and criminal jurisdiction of a county court.
(c) The terms of the 22nd District Court begin: (1) in Caldwell County on the first Mondays in March, June, September, and December;
(2) in Comal County on the first Mondays in April, July, October, and January; and
(3) in Hays County on the first Mondays in February, May, August, and November.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.124. 23RD JUDICIAL DISTRICT (BRAZORIA, MATAGORDA, AND WHARTON COUNTIES). (a) The 23rd Judicial District is composed of Brazoria, Matagorda, and Wharton counties.
(b) The terms of the 23rd District Court begin: (1) in Brazoria County on the first Mondays in April and October, and the terms are designated the April-September and October-March terms;
(2) in Matagorda County on the first Mondays in June and December, and the terms are designated the June-November and December-May terms; and
(3) in Wharton County on the first Mondays in July and January, and the terms are designated the July-December and January-June terms.
(c) There is one general docket for the 23rd and 130th district courts in Matagorda County. All suits and proceedings within the jurisdiction of the courts in Matagorda County shall be addressed to the district court of Matagorda County. All citations, notices, restraining orders, and other process issued in Matagorda County by the clerk or judges of the courts are returnable to the district court of Matagorda County without reference to the court number. On return of the process the judge of either court may preside over the hearing or trial. The judges of the 23rd and 130th district courts in Matagorda County may hear and dispose of any matter on the courts' general docket without transferring the matter.
(d) The Matagorda County district clerk shall keep one set of minutes in which the clerk shall record all judgments and orders of the 23rd and 130th district courts in Matagorda County. Each of the judges of the 23rd and 130th district courts in Matagorda County shall sign the minutes of each term of those courts not later than the 30th day after the end of each term, shall sign the minutes at the end of each column of the minutes, and shall sign the minutes of the proceedings that were held before him.
(e) Each of the judges of the 23rd and 130th district courts may take a vacation and not attend court for six weeks in each year. The judges by agreement between themselves shall take their vacations alternately so that there are at all times at least one judge in his judicial district.
(f) There is one general docket for the 23rd and 329th district courts in Wharton County. All suits and proceedings within the jurisdiction of the courts in Wharton County shall be addressed to the district court of Wharton County. All citations, notices, restraining orders, and other process issued in Wharton County by the clerk or judges of the courts are returnable to the district court of Wharton County without reference to the court number. On return of the process the judge of either court may preside over the hearing or trial. The judges of the 23rd and 329th district courts in Wharton County may hear and dispose of any matter on the courts' general docket, both civil and criminal, without transferring the matter.
(g) The Wharton County district clerk shall keep one set of minutes in which the clerk shall record all judgments and orders of the 23rd and 329th district courts in Wharton County. Each of the judges of the 23rd and 329th district courts in Wharton County shall sign the minutes of each term of those courts not later than the 30th day after the end of each term, shall sign the minutes at the end of each column of the minutes, and shall sign the minutes of the proceedings that were held before him.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 196, § 1, eff. Sept. 1, 1991.
§ 24.125. 24TH JUDICIAL DISTRICT (CALHOUN, DEWITT, GOLIAD, JACKSON, REFUGIO, AND VICTORIA COUNTIES). (a) The 24th Judicial District is composed of Calhoun, DeWitt, Goliad, Jackson, Refugio, and Victoria counties.
(b) The terms of the 24th District Court begin: (1) in Calhoun County on the fourth Mondays in April and October; (2) in DeWitt County on the second Mondays in January and July; (3) in Goliad County on the first Mondays in February and August; (4) in Jackson County on the fourth Mondays in January and July; (5) in Refugio County on the third Mondays in April and October; and (6) in Victoria County on the second Mondays in March and September.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.126. 25TH JUDICIAL DISTRICT (COLORADO, GONZALES, GUADALUPE, AND LAVACA COUNTIES). (a) The 25th Judicial District is composed of Colorado, Gonzales, Guadalupe, and Lavaca counties.
(b) The 25th District Court has concurrent jurisdiction with the Second 25th District Court.
(c) The terms of the 25th District Court begin: (1) in Colorado County on the first Mondays in February and September; (2) in Gonzales County on the first Mondays in January and June; (3) in Guadalupe County on the first Mondays in March and October; and (4) in Lavaca County on the first Mondays in April and November. (d) The judges of the 25th and Second 25th judicial districts may hear and dispose of any suit or proceeding on either court's docket without transferring the suit or proceeding. The judges may transfer cases from one court to the other by an order entered on the docket of the court from which the matter was transferred. A case may not be transferred without the permission of the judge of the court to which the case is to be transferred.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.127. SECOND 25TH JUDICIAL DISTRICT (COLORADO, GONZALES, GUADALUPE, AND LAVACA COUNTIES). (a) The Second 25th Judicial District is composed of Colorado, Gonzales, Guadalupe, and Lavaca counties.
(b) The terms of the Second 25th District Court begin: (1) in Colorado County on the first Mondays in April and November; (2) in Gonzales County on the first Mondays in May and December; (3) in Guadalupe County on the first Mondays in February and September; and
(4) in Lavaca County on the first Mondays in January and June. (c) Section 24.126, relating to the 25th District Court, contains provisions applicable to both that court and the Second 25th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.128. 26TH JUDICIAL DISTRICT (WILLIAMSON COUNTY). (a) The 26th Judicial District is composed of Williamson County.
(b) The terms of the 26th District Court begin on the first Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 530, § 1, eff. June 15, 1991; Acts 1995, 74th Leg., ch. 363, § 1, eff. Aug. 28, 1995.
§ 24.129. 27TH JUDICIAL DISTRICT (BELL AND LAMPASAS COUNTIES). (a) The 27th Judicial District is composed of Bell and Lampasas counties.
Text of subsec. (b) effective until January 1, 2007
(b) The 27th, 146th, 169th, and 264th judicial districts have concurrent jurisdiction in Bell County.
Text of subsec. (b) effective January 1, 2007
(b) The 27th, 146th, 169th, 264th, and 426th judicial districts have concurrent jurisdiction in Bell County.
(c) The terms of the 27th District Court begin: (1) in Bell County on the first Mondays in January, April, July, and October; and
(2) in Lampasas County on the first Mondays in March and September and may continue in session until the Saturday night before the Monday on which the next session convenes.
(d) A grand jury may not be impaneled in the district courts in Bell County except by special order of the presiding judge.
(e) By order entered on the minutes of the court, the presiding judge of the district courts in Bell County may in his discretion, either in termtime or vacation, transfer any civil or criminal case to any of the other district courts. The order of transfer and all other orders made in the case shall be copied and certified by the clerk and the certified copies of the orders shall be filed with the papers of the transferred case. The additional fees caused by the transfer shall be taxed as part of the costs of the suit. When a cause is transferred, the clerk shall enter the cause on the docket of the court to which the transfer is made and the judge of that court shall try and dispose of the cause as if the cause had been filed in his court. Any of the judges may in his own courtroom try and determine any case or proceeding pending in any of the other courts without having the case transferred or may sit in any of the other courts and hear and determine any pending case. The judge hearing a transferred case shall indicate on the docket sheet and orders that he is sitting for that district. Two or more judges may try different cases in the same court at the same time, and each may occupy his own courtroom or the room of any other court. In case of absence, sickness, or disqualification, any of the other judges may hold court for him. All bail bonds, recognizances, or other obligations taken for the appearance of the defendants, parties, or witnesses in any of the district courts or in any inferior court in Bell County shall be binding on all the defendants, parties, and witnesses, and their sureties, in any of the courts in which the case is pending or to which the case is transferred. If a case is transferred, all process, bonds, recognizances, and obligations extant at the time of transfer shall be returned to and filed in the court to which the case is transferred and shall be valid and binding as if originally issued out of that court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 1352, § 8(b), eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 1352, § 8(c), eff. Jan. 1, 2007.
§ 24.130. 28TH JUDICIAL DISTRICT (NUECES COUNTY). (a) The 28th Judicial District is composed of Nueces County.
(b) The 28th District Court has concurrent jurisdiction with the 94th and 117th district courts in Nueces County.
(c) The terms of the 28th District Court begin on the first Mondays in January and July. The terms are designated the January-July and July-January terms.
(d) In addition to other jurisdiction provided by law, the 28th District Court has concurrent jurisdiction with the county courts at law in Nueces County to receive a guilty plea in a misdemeanor case pending in a county court at law in Nueces County and dispose of the case, regardless of whether the case is transferred to the district court. The judgment, order, or action of the district court is valid and binding as if the case were pending in the district court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1985, 69th Leg., ch. 480, § 24; Acts 2005, 79th Leg., ch. 72, § 1, eff. May 17, 2005.
§ 24.131. 29TH JUDICIAL DISTRICT (PALO PINTO COUNTY). (a) The 29th Judicial District is composed of Palo Pinto County.
(b) The terms of the 29th District Court begin on the first Monday in March, the first Monday after the third Saturday in June, and the first Monday after the fourth Saturday in October.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.132. 30TH JUDICIAL DISTRICT (WICHITA COUNTY). (a) The 30th Judicial District is composed of Wichita County.
(b) In addition to other jurisdiction prescribed by law, each district court in Wichita County has the civil jurisdiction of a county court.
(c) The terms of the 30th District Court begin on the first Mondays in January and July.
(d) The 30th, 78th, and 89th district courts in Wichita County have concurrent jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.133. 31ST JUDICIAL DISTRICT (GRAY, HEMPHILL, LIPSCOMB, ROBERTS, AND WHEELER COUNTIES). (a) The 31st Judicial District is composed of Gray, Hemphill, Lipscomb, Roberts, and Wheeler counties.
(b) The terms of the 31st District Court begin: (1) in Gray County on the first Mondays in January and July; (2) in Hemphill County on the second Monday in April and the first Monday in November;
(3) in Lipscomb County on the fourth Monday in March and the second Monday in September;
(4) in Roberts County on the second Monday in March and the fourth Monday in August; and
(5) in Wheeler County on the fourth Mondays in April and November.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.134. 32ND JUDICIAL DISTRICT (FISHER, MITCHELL, AND NOLAN COUNTIES). (a) The 32nd Judicial District is composed of Fisher, Mitchell, and Nolan counties.
(b) The terms of the 32nd District Court in each county in the district begin on the first Mondays in January, May, and September.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 34, § 1, eff. Jan. 1, 2002.
§ 24.135. 33RD JUDICIAL DISTRICT (BLANCO, BURNET, LLANO, AND SAN SABA COUNTIES). (a) The 33rd Judicial District is composed of Blanco, Burnet, Llano, and San Saba counties.
(b) The terms of the 33rd District Court begin: (1) in Blanco County on the first Mondays in February and September; (2) in Burnet County on the fourth Mondays in April and November; (3) in Llano County on the first Mondays in April and November; and (4) in San Saba County on the second Mondays in March and October. (c) The judge of the 33rd District Court may select jury commissioners and impanel grand juries in each county. The judge of the 33rd District Court may alternate the drawing of grand juries with the judge of any other district court in each county within the 33rd Judicial District and may order grand and petit juries to be drawn for any term of the court as the judge determines is necessary, by an order entered in the minutes of the court. Indictments within each county may be returned to either court within that county.
(d) The 33rd District Court may hear and determine, in any county in the district convenient for the court, all preliminary or interlocutory matters in which a jury may not be demanded, in any case pending in any county in the district regardless of whether the case was filed in the county in which the hearing is held. Unless an objection is filed by a party to the suit, the 33rd District Court may hear, in any county in the district convenient for the court, any nonjury case pending in any county in the district, including divorces, adoptions, default judgments, and matters in which citation was by publication, regardless of whether the case was filed in the county in which the hearing is held.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.08(a), eff. Sept. 1, 1987; Acts 1999, 76th Leg., ch. 623, § 1, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 1352, § 14, eff. Sept. 1, 2005.
§ 24.136. 34TH JUDICIAL DISTRICT (EL PASO COUNTY). (a) The 34th Judicial District is composed of El Paso County.
(b) In El Paso County, the 34th, 41st, 65th, 120th, and 171st district courts have concurrent jurisdiction.
(c) The terms of the 34th District Court begin on the third Mondays in April and September and the first Mondays in January, July, and November.
(d) A grand jury may not be impaneled in any district court in El Paso County except the 34th District Court unless the judge of another district court in the county calls for a grand jury by special order.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 704, § 17, eff. Sept. 1, 1995.
§ 24.137. 35TH JUDICIAL DISTRICT (BROWN AND MILLS COUNTIES). (a) The 35th Judicial District is composed of Brown and Mills counties.
(b) In addition to other jurisdiction provided by law, each district court in Mills County has the civil jurisdiction of a county court.
(c) The terms of the 35th District Court begin: (1) in Brown County on the first Mondays in February, June, and November; and
(2) in Mills County on the first Mondays in January, May, and October.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.09(a), eff. Sept. 1, 1987.
§ 24.138. 36TH JUDICIAL DISTRICT (ARANSAS, BEE, LIVE OAK, MCMULLEN, AND SAN PATRICIO COUNTIES). (a) The 36th Judicial District is composed of Aransas, Bee, Live Oak, McMullen, and San Patricio counties.
(b) The terms of the 36th District Court begin: (1) in Aransas County on the fourth Mondays in April and October; (2) in Bee County on the first Mondays in April and October; (3) in Live Oak County on the third Mondays in April and October; (4) in McMullen County on the second Mondays in January and July; and (5) in San Patricio County on the second Mondays in April and October. (c) Each of the judges of the district courts in Aransas, Bee, Live Oak, McMullen, and San Patricio counties shall sign the minutes of each term of his court in each of the counties not later than the 30th day after the end of the term and shall also sign the minutes of the other courts covering the proceedings that were held before him.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 196, § 1, eff. Sept. 1, 1993.
§ 24.139. 37TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 37th Judicial District is composed of Bexar County.
(b) This section applies to the 37th, 45th, 57th, 73rd, 131st, 144th, 150th, 166th, 175th, 186th, 187th, 224th, 225th, 226th, 227th, 285th, 288th, 289th, and 290th district courts in Bexar County.
(c) The district courts in Bexar County have concurrent jurisdiction. (d) The 144th, 175th, 186th, 187th, 226th, 227th, and 290th district courts shall give preference to criminal cases. The terms of those courts begin on the first Mondays in January and July. Each term continues until the court has disposed of the business for that term.
(e) The terms of the 37th, 45th, 57th, 73rd, 131st, 150th, 166th, 224th, 225th, 285th, and 288th district courts begin on the first Mondays in January and July.
(f) The district clerk shall docket successively on the dockets of the courts that do not give preference to criminal cases all civil cases and proceedings so that the civil cases and proceedings are docketed in rotation and equally distributed among the courts.
(g) The district clerk may consolidate the minutes of the district courts. If the clerk decides not to consolidate the minutes, the judge of each district court shall sign the minutes of each court term not later than the 30th day after the end of the term and shall also sign at the end of each volume of the minutes. Each judge sitting in a court shall sign the minutes of the proceedings held before him. If the clerk decides to consolidate the minutes, each judge may accept responsibility for the proceedings held before him by signing at the end of the minutes or at the end of the volume.
(h) All bonds taken for the appearance of defendants, parties, or witnesses in any district court or in any inferior court in Bexar County are binding on all defendants, parties, or witnesses, and their sureties, in any of the courts in which the case is pending or to which the case may be transferred. If a case is transferred, all process, bonds, recognizances, and obligations extant at the time of transfer shall be returned and filed in the court to which the case is transferred and are valid and binding as if originally issued out of that court.
(i) The judge of each district court may take a vacation at any time during the year. During a judge's vacation, the court term remains open, and the judge of any other district court may hold court during the judge's vacation. The judges of the district courts shall, by agreement among themselves, take their vacations so that there are district court judges in the county at all times.
(j) The Bexar County sheriff or the sheriff's deputy shall attend each court as required by law or by the judge.
(k) The judges of the courts that give preference to criminal cases may impanel special and general grand juries as needed or by agreement between the judges.
(l) By a majority vote, the judges of the courts that give preference to criminal cases may jointly appoint not more than four grand jury bailiffs. The bailiffs serve at the will of the judges and may be removed by a majority vote of the judges.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 90, § 6, eff. Aug. 30, 1993; Acts 1997, 75th Leg., ch. 497, § 1, eff. Sept. 1, 1997.
§ 24.140. 38TH JUDICIAL DISTRICT (MEDINA, REAL, AND UVALDE COUNTIES). (a) The 38th Judicial District is composed of Medina, Real, and Uvalde counties.
(b) The terms of the 38th District Court begin: (1) in Medina County on the first Mondays in January and June; (2) in Real County on the first Mondays in April and November; and (3) in Uvalde County on the first Mondays in February and September.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.141. 39TH JUDICIAL DISTRICT (HASKELL, KENT, STONEWALL, AND THROCKMORTON COUNTIES). (a) The 39th Judicial District is composed of Haskell, Kent, Stonewall, and Throckmorton counties.
(b) The terms of the 39th District Court begin: (1) in Haskell County on the first Monday in January, the 15th Monday after the first Monday in January, and the third Monday after the first Monday in September;
(2) in Kent County on the ninth Monday after the first Monday in January and the first Monday in September;
(3) in Stonewall County on the 6th and 20th Mondays after the first Monday in January and the ninth Monday after the first Monday in September; and
(4) in Throckmorton County on the 12th and 23rd Mondays after the first Monday in January and the 12th Monday after the first Monday in September.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.142. 40TH JUDICIAL DISTRICT (ELLIS COUNTY). (a) The 40th Judicial District is composed of Ellis County.
(b) The terms of the 40th District Court begin on the first Mondays in March, June, September, and December.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.143. 41ST JUDICIAL DISTRICT (EL PASO COUNTY). (a) The 41st Judicial District is composed of El Paso County.
(b) The terms of the 41st District Court begin on the first Mondays in January, March, May, September, and November.
(c) Section 24.136, relating to the 34th District Court, contains provisions applicable to both that court and the 41st District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.144. 42ND JUDICIAL DISTRICT (CALLAHAN, COLEMAN, AND TAYLOR COUNTIES). (a) The 42nd Judicial District is composed of Callahan, Coleman, and Taylor counties.
(b) The 42nd District Court has concurrent jurisdiction with the 104th District Court in Taylor County.
(c) The terms of the 42nd District Court begin: (1) in Callahan County on the first Mondays in January and July; (2) in Coleman County on the first Mondays in January and July; and (3) in Taylor County on the first Monday in January, on the 15th Monday after the first Monday in January, and on the first Monday in September.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1385, § 1, eff. Sept. 1, 1997.
§ 24.145. 43RD JUDICIAL DISTRICT (PARKER COUNTY). (a) The 43rd Judicial District is composed of Parker County.
(b) The terms of the 43rd District Court begin on the first Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.146. 44TH JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 44th Judicial District is composed of Dallas County.
(b) The terms of the 44th District Court begin on the first Mondays in January, April, June, and October.
(c) Section 24.115, relating to the 14th District Court, contains provisions applicable to both that court and the 44th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.147. 45TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 45th Judicial District is composed of Bexar County.
(b) Section 24.139, relating to the 37th District Court, contains provisions applicable to both that court and the 45th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.148. 46TH JUDICIAL DISTRICT (FOARD, HARDEMAN, AND WILBARGER COUNTIES). (a) The 46th Judicial District is composed of Foard, Hardeman, and Wilbarger counties.
(b) The terms of the 46th District Court begin: (1) in Foard County on the 6th, 17th, and 36th Mondays after the first Monday in January;
(2) in Hardeman County on the 8th, 19th, 38th, and 47th Mondays after the first Monday in January; and
(3) in Wilbarger County on the first Monday in January and the 11th, 22nd, and 41st Mondays after the first Monday in January.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.149. 47TH JUDICIAL DISTRICT (ARMSTRONG, POTTER, AND RANDALL COUNTIES). (a) The 47th Judicial District is composed of Armstrong, Potter, and Randall counties.
(b) The 47th District Court has concurrent jurisdiction with the 181st District Court in Randall and Potter counties. The 47th District Court has concurrent jurisdiction with the 108th District Court in Potter County.
(c) The terms of the 47th District Court begin: (1) in Armstrong County on the first Monday in January, notwithstanding Section 24.012(a);
(2) in Potter County on the fourth Monday in January, the 15th Monday after the fourth Monday in January, the first Monday in August, and the 14th Monday after the first Monday in August; and
(3) in Randall County on the first Monday in January, the 16th Monday after the first Monday in January, and the eighth Monday after the first Monday in August.
(d) The judge may, in any county in the 47th Judicial District: (1) hear and determine all preliminary and interlocutory matters in which a jury may not be demanded, regardless of whether the case is filed in the county in which the hearing is held; and
(2) unless objection is filed by a party to the suit, hear any nonjury case, including divorces, adoptions, default judgments, and matters where citation was by publication, regardless of whether the case is filed in the county in which the hearing is held.
(e) The judge of the 47th District Court may transfer a case to the docket of any district court that has jurisdiction over the case with the approval of the judge of the court to which the case is transferred. If a case is transferred, all process and writs issued out of the transferring court are returnable to the court to which the case is transferred. All bonds executed and recognizances entered into in a transferring court shall bind the parties for their appearance or to fulfill the obligations of the bonds and recognizances at the terms of the court to which the transfer is made.
(f) Each sheriff of the counties in the district shall perform the duties prescribed by law in connection with the cases from that sheriff's county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 50, § 1, eff. Jan. 1, 2006.
§ 24.150. 48TH JUDICIAL DISTRICT (TARRANT COUNTY). (a) The 48th Judicial District is composed of Tarrant County.
(b) The terms of the 48th District Court begin on the first Mondays in February, May, August, and November.
(c) Section 24.118, relating to the 17th District Court, contains provisions applicable to both that court and the 48th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.151. 49TH JUDICIAL DISTRICT (WEBB AND ZAPATA COUNTIES). (a) The 49th Judicial District is composed of Webb and Zapata counties.
(b) In addition to other jurisdiction provided by law, the 49th District Court has the civil and criminal jurisdiction of a county court.
(c) The 49th District Court has concurrent jurisdiction with the other district courts in Webb County.
(d) A criminal complaint may be presented to the grand jury of any district court in Webb County, and a resulting indictment may be returned to any other district court in Webb County with the appropriate criminal jurisdiction.
(e) The terms of the 49th District Court begin: (1) in Webb County on the first Mondays in January, April, June, September, and November; and
(2) in Zapata County on the first Mondays in March and August. (f) In Webb County, the clerk of the district courts shall file all civil cases, except tax suits, on the Clerk's Civil File Docket and shall number the cases consecutively. All tax suits shall be assigned and docketed in the 49th District Court. All cases involving family violence, all cases under the Family Code, and all cases under the Health and Safety Code shall be assigned and docketed in the 406th District Court. All other civil cases shall be assigned and docketed at random by the district clerk. The clerk shall keep a separate file docket, known as the Clerk's Criminal File Docket, for criminal cases and a separate file docket, known as the Clerk's Tax Suit Docket, for tax suits. The clerk shall number the cases on the Clerk's Tax Suit Docket consecutively with a separate series of numbers and shall number the cases on the Clerk's Criminal File Docket consecutively with a separate series of numbers.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 34, § 1, eff. Aug. 1, 1991; Acts 1993, 73rd Leg., ch. 121, § 1, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 205, § 1, eff. Aug. 28, 1995; Acts 1999, 76th Leg., ch. 1337, § 17, eff. Jan. 1, 2001; Acts 2005, 79th Leg., ch. 1352, § 1(a), eff. Sept. 1, 2005.
§ 24.152. 50TH JUDICIAL DISTRICT (BAYLOR, COTTLE, KING, AND KNOX COUNTIES). (a) The 50th Judicial District is composed of Baylor, Cottle, King, and Knox counties.
(b) In addition to other jurisdiction provided by law, the district court in Baylor, Cottle, King, and Knox Counties has the civil and criminal jurisdiction of a county court.
(c) The terms of the 50th District Court in each county begin on the first Mondays in January and September.
(d) In matters of concurrent jurisdiction, the judge of the county court in Baylor, Cottle, King, or Knox County may transfer a case to the judge of the 50th District Court with the approval of the district judge. When a case is transferred, all processes, writs, bonds, recognizances, or other obligations issued from the transferring court are returnable to the court to which the case is transferred as if originally issued by that court. The obligees in all bonds and recognizances taken in and for a court from which a case is transferred, and all witnesses summoned to appear in a court from which a case is transferred, are required to appear before the court to which a case is transferred as if originally required to appear before the court to which the transfer is made.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 342, § 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1146, § 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1147, § 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1148, § 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1495, § 1, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 515, § 1, eff. Sept. 1, 2005.
§ 24.153. 51ST JUDICIAL DISTRICT (COKE, IRION, SCHLEICHER, STERLING, AND TOM GREEN COUNTIES). (a) The 51st Judicial District is composed of Coke, Irion, Schleicher, Sterling, and Tom Green counties.
(b) The terms of the 51st District Court begin: (1) in Coke County on the first Mondays in February and August; (2) in Irion County on the first Mondays in March and September; (3) in Schleicher County on the first Mondays in April and October; (4) in Sterling County on the first Mondays in May and November; and (5) in Tom Green County on the first Mondays in January and June. (c) The judges of the 51st, 119th, 340th, and 391st district courts may, in their discretion, exchange benches and sit for each other without formal order in each county in those districts, including counties in which the districts do not overlap. Any of the judges may, in his own courtroom, try and determine any case or proceeding pending in any of the other courts without having the case transferred, or may sit in any of the other courts and hear and determine any case pending in one of those courts. The judges may try different cases filed in the same court at the same time, and each may occupy his own courtroom or the room of any other court. In case of absence, sickness, or disqualification of any of the judges, any of the other judges may hold court for him. Any of the judges may hear and determine any part or question of a case or proceeding pending in any of the courts, and any of the other judges may complete the hearing and render judgment in the case. Any of the judges may hear and determine motions, petitions for injunction, applications for appointment of receivers, interventions, motions to transfer venue, pleas in abatement, all dilatory pleas, motions for new trials, and all preliminary matters, questions, and proceedings, and may enter judgment or order thereon in the court in which the case is pending without having the case transferred to the court of the acting judge. The judge in whose court the case is pending may proceed to hear, complete, and determine any part or all of the case or other matter and render final judgment. Any of the judges may issue restraining orders and injunctions returnable to any of the other judges or courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1337, § 6, eff. Oct. 1, 1999.
§ 24.154. 52ND JUDICIAL DISTRICT (CORYELL COUNTY). (a) The 52nd Judicial District is composed of Coryell County.
(b) The terms of the 52nd District Court begin on the first Mondays in January and June.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.155. 53RD JUDICIAL DISTRICT (TRAVIS COUNTY). (a) The 53rd Judicial District is composed of Travis County.
(b) The 53rd, 98th, and 126th district courts have concurrent jurisdiction. (c) The terms of the 53rd District Court begin on the first Mondays in January, March, May, and October.
(d) The judges of the district courts other than the 147th District Court in Travis County do not have a duty to impanel grand juries but may impanel grand juries when they consider it necessary.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.156. 54TH JUDICIAL DISTRICT (MCLENNAN COUNTY). (a) The 54th Judicial District is composed of McLennan County.
(b) The terms of the 54th District Court begin on the first Mondays in January, March, May, July, September, and November.
(c) Section 24.120, relating to the 19th District Court, contains provisions applicable to both that court and the 54th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.157. 55TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 55th Judicial District is composed of Harris County.
(b) Section 24.112, relating to the 11th District Court, contains provisions applicable to both that court and the 55th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.158. 56TH JUDICIAL DISTRICT (GALVESTON COUNTY). (a) The 56th Judicial District is composed of Galveston County.
(b) Section 24.111, relating to the 10th District Court, contains provisions applicable to both that court and the 56th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.159. 57TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 57th Judicial District is composed of Bexar County.
(b) Section 24.139, relating to the 37th District Court, contains provisions applicable to both that court and the 57th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.160. 58TH JUDICIAL DISTRICT (JEFFERSON COUNTY). (a) The 58th Judicial District is composed of Jefferson County.
(b) The 58th, 60th, and 136th district courts have concurrent jurisdiction. (c) The terms of the 58th and 60th district courts begin on the first Mondays in January and July. The first term is designated the January-June term, and the second term is designated the July-December term.
(d) In all suits, actions, and proceedings, it is sufficient for the address or designation to be "District Court of Jefferson County."
(e) The 58th, 60th, and 136th district courts may sit at the City of Port Arthur, in addition to Beaumont, to try, hear, and determine nonjury cases and to hear and determine motions, arguments, and the other nonjury matters that are within the jurisdiction of the courts. The district clerk or his deputy serves as clerk of a court when it sits in Port Arthur and may transfer all necessary books, minutes, records, and papers to Port Arthur while the court is in session there and transfer them from Port Arthur to Beaumont at the end of each session in Port Arthur. The Commissioners Court of Jefferson County may provide suitable quarters in the subcourthouse in Port Arthur for a court while it sits in Port Arthur. The Jefferson County sheriff or the sheriff's deputy shall attend the courts in Port Arthur and perform all duties required by law or court order.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.161. 59TH JUDICIAL DISTRICT (GRAYSON COUNTY). (a) The 59th Judicial District is composed of Grayson County.
(b) The terms of the 59th District Court begin on the first Mondays in January and July.
(c) The judge of the 59th District Court may impanel the grand jury in Grayson County as provided by law for any terms of his court that he considers proper.
(d) Section 24.116, relating to the 15th District Court, contains provisions applicable to both that court and the 59th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 610, § 2, eff. Sept. 1, 2005.
§ 24.162. 60TH JUDICIAL DISTRICT (JEFFERSON COUNTY). (a) The 60th Judicial District is composed of Jefferson County.
(b) Section 24.160, relating to the 58th District Court, contains provisions applicable to both that court and the 60th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.163. 61ST JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 61st Judicial District is composed of Harris County.
(b) Section 24.112, relating to the 11th District Court, contains provisions applicable to both that court and the 61st District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.164. 62ND JUDICIAL DISTRICT (DELTA, FRANKLIN, HOPKINS, AND LAMAR COUNTIES). (a) The 62nd Judicial District is composed of Delta, Franklin, Hopkins, and Lamar counties.
(b) In any county in the district in which there are two or more district courts, those district courts have concurrent jurisdiction in that county.
(c) The terms of the 62nd District Court in each county begin on the first Mondays in January and July.
(d) The judge of the 62nd District Court is not required to impanel a grand jury in that court in any county of the district unless the judge considers it necessary.
(e) Section 24.108, relating to the 8th District Court, contains provisions applicable to both that court and the 62nd District Court in Delta, Franklin, and Hopkins counties.
(f) Section 24.106, relating to the 6th District Court, contains provisions applicable to both that court and the 62nd District Court in Lamar County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.165. 63RD JUDICIAL DISTRICT (EDWARDS, KINNEY, TERRELL, AND VAL VERDE COUNTIES). (a) The 63rd Judicial District is composed of Edwards, Kinney, Terrell, and Val Verde counties.
(b) The terms of the 63rd District Court begin: (1) in Edwards County on the first Monday in May and the third Monday in October;
(2) in Kinney County on the first Mondays in April and October; (3) in Terrell County on the first Monday in February and the third Monday in August; and
(4) in Val Verde County on the first Mondays in January and June.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.166. 64TH JUDICIAL DISTRICT (CASTRO, HALE, AND SWISHER COUNTIES). (a) The 64th Judicial District is composed of Castro, Hale, and Swisher counties.
(b) The terms of the 64th District Court in each county of the district begin on the first Mondays in January and July and are designated the January and July terms.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.167. 327TH JUDICIAL DISTRICT (EL PASO COUNTY). (a) The 327th Judicial District is composed of El Paso County.
(b) The terms of the 327th District Court begin on the first Mondays in February, April, June, September, October, and December.
(c) Section 24.136, relating to the 34th District Court, contains provisions applicable to both that court and the 327th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 317, § 3, eff. Sept. 1, 1996.
§ 24.168. 66TH JUDICIAL DISTRICT (HILL COUNTY). (a) The 66th Judicial District is composed of Hill County.
(b) In addition to other jurisdiction provided by law, the 66th District Court has concurrent jurisdiction with the County Court of Hill County and the statutory county courts in Hill County in all civil and criminal matters over which the county court and the statutory county courts would have original or appellate jurisdiction. The district court has control over the assignment of cases as prescribed by Sections 25.1112 and 26.209.
(c) The terms of the 66th District Court begin on the first Mondays in January, March, May, July, September, and November.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 959, § 2, eff. Sept. 1, 2005.
§ 24.169. 67TH JUDICIAL DISTRICT (TARRANT COUNTY). (a) The 67th Judicial District is composed of Tarrant County.
(b) The terms of the 67th District Court begin on the first Mondays in March, June, September, and December.
(c) Section 24.118, relating to the 17th District Court, contains provisions applicable to both that court and the 67th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.170. 68TH JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 68th Judicial District is composed of Dallas County.
(b) The terms of the 68th District Court begin on the first Mondays in February, May, September, and December.
(c) Section 24.115, relating to the 14th District Court, contains provisions applicable to both that court and the 68th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.171. 69TH JUDICIAL DISTRICT (DALLAM, HARTLEY, MOORE, AND SHERMAN COUNTIES). (a) The 69th Judicial District is composed of Dallam, Hartley, Moore, and Sherman counties.
(b) The terms of the 69th District Court begin: (1) in Dallam County on the 16th Monday after the second Mondays in January and July;
(2) in Hartley County on the 12th Monday after the second Mondays in January and July;
(3) in Moore County on the 10th Monday after the second Mondays in January and July; and
(4) in Sherman County on the 14th Monday after the second Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.172. 70TH JUDICIAL DISTRICT (ECTOR COUNTY). (a) The 70th Judicial District is composed of Ector County.
(b) The terms of the 70th District Court begin on the first Mondays in January and July.
(c) The judges of the 70th and 118th district courts may take a vacation and not attend court for six weeks in each year. The judges, by agreement, shall take their vacations alternately so that a judge is present in one of the courts at all times.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 880, § 1, eff. Aug. 31, 1987.
§ 24.173. 71ST JUDICIAL DISTRICT (HARRISON COUNTY). (a) The 71st Judicial District is composed of Harrison County.
(b) The terms of the 71st District Court begin on the first Mondays in January, March, May, July, September, and November and continue until the Saturday before the next succeeding term begins or until the court has disposed of the business for that term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.174. 72ND JUDICIAL DISTRICT (CROSBY AND LUBBOCK COUNTIES). (a) The 72nd Judicial District is composed of Crosby and Lubbock counties.
(b) The terms of the 72nd District Court begin: (1) in Crosby County on the second Mondays in May and November; and (2) in Lubbock County on the second Mondays in February and August. (c) The 72nd, 99th, 137th, and 140th district courts have concurrent jurisdiction in Lubbock County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.175. 73RD JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 73rd Judicial District is composed of Bexar County.
(b) Section 24.139, relating to the 37th District Court, contains provisions applicable to both that court and the 73rd District Court.
(c) The 73rd District Court shall give preference to civil cases and to cases and proceedings under Title 3, Family Code.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 67, § 1, eff. Sept. 1, 1993.
§ 24.176. 74TH JUDICIAL DISTRICT (MCLENNAN COUNTY). (a) The 74th Judicial District is composed of McLennan County.
(b) The terms of the 74th District Court begin on the second Mondays in February, April, June, August, October, and December.
(c) Section 24.120, relating to the 19th District Court, contains provisions applicable to both that court and the 74th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.177. 75TH JUDICIAL DISTRICT (LIBERTY COUNTY). (a) The 75th Judicial District is composed of Liberty County.
(b) The terms of the 75th District Court begin on the first Mondays in April and October.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.178. 76TH JUDICIAL DISTRICT (CAMP, MORRIS, AND TITUS COUNTIES). (a) The 76th Judicial District is composed of Camp, Morris, and Titus counties.
(b) In addition to other jurisdiction provided by law, each district court in Morris County has the civil jurisdiction of a county court.
(c) In Camp and Morris counties, the 76th District Court and the county court have concurrent jurisdiction over all original and appellate criminal matters over which the county court has jurisdiction under the constitution and laws of this state. In each county, matters and proceedings in the concurrent jurisdiction of the courts may be filed in or transferred between the 76th District Court and the county court. All writs and processes issued and bonds and recognizances made in transferred cases are returnable to the court to which the case is transferred as if originally issued in that court.
(d) In Camp, Morris, and Titus counties, the 76th District Court has concurrent jurisdiction with the 276th District Court. The judges of the courts may transfer any case to be tried in Camp County, Morris County, or Titus County with the consent of the court to which the case is to be transferred. Each judge may sit in the other court without transferring the case.
(e) The terms of the 76th District Court begin: (1) in Camp County on the first Mondays in March and April; (2) in Morris County on the first Mondays in January, May, July, and November and the third Monday in September; and
(3) in Titus County on the first Mondays in February, August, September, October, and December.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.179. 77TH JUDICIAL DISTRICT (FREESTONE AND LIMESTONE COUNTIES). (a) The 77th Judicial District is composed of Freestone and Limestone counties.
(b) The 77th District Court has concurrent jurisdiction with the 87th District Court in Freestone and Limestone counties.
(c) The terms of the 77th District Court begin: (1) in Freestone County on the first Mondays in February, May, August, and November; and
(2) in Limestone County on the first Mondays in December, March, June, and September.
(d) The judge of the 77th District Court shall impanel grand juries in Limestone County at the March and September terms and in Freestone County at the May and November terms and at any other terms of the court in each county as ordered by the judge.
(e) The clerk of the district courts in each of the counties of Limestone and Freestone shall prepare civil, criminal, divorce, and tax dockets for each district court and shall file each new case in the court in which the party filing the case directed the clerk to file it. Each criminal case shall be originally filed in the court to which the indictment or information is returned. The district clerk in each county shall place letters on the envelope containing the file papers in each case after the number of the case, designating by the letter "A" cases pending in the 77th District Court and by the letter "B" cases pending in the 87th District Court.
(f) The judges of the 77th and 87th judicial districts may, in their discretion, either in termtime or in vacation, on motion of any party, on agreement of the parties, or on their own motion to facilitate the administration of justice or to equalize the case load, transfer any civil or criminal cause on their dockets to the docket of the other court. The transfer shall be entered on the minutes of the court and the cause shall be tried and disposed of as if it had been originally filed in that court. The transferring court need not hold a formal proceeding to transfer a cause. The receiving court need not receive the transcript of the transferred cause to have jurisdiction over the cause.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.180. 78TH JUDICIAL DISTRICT (WICHITA COUNTY). (a) The 78th Judicial District is composed of Wichita County.
(b) The terms of the 78th District Court begin on the first Mondays in March, June, September, and December.
(c) Section 24.132, relating to the 30th District Court, contains provisions applicable to both that court and the 78th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.181. 79TH JUDICIAL DISTRICT (BROOKS AND JIM WELLS COUNTIES). (a) The 79th Judicial District is composed of Brooks and Jim Wells counties.
(b) The terms of the 79th District Court begin: (1) in Brooks County at 10 a.m. on the first Mondays in February and September; and
(2) in Jim Wells County at 10 a.m. on the first Mondays in March and October.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.182. 80TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 80th Judicial District is composed of Harris County.
(b) Section 24.112, relating to the 11th District Court, contains provisions applicable to both that court and the 80th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.183. 81ST JUDICIAL DISTRICT (ATASCOSA, FRIO, KARNES, LASALLE, AND WILSON COUNTIES). (a) The 81st Judicial District is composed of Atascosa, Frio, Karnes, LaSalle, and Wilson counties.
(b) The terms of the 81st District Court begin: (1) in Atascosa County on the third Mondays in March and September; (2) in Frio County on the fourth Mondays in May and November; (3) in Karnes County on the first Mondays in May and November; (4) in LaSalle County on the first Mondays in March and September; and (5) in Wilson County on the second Mondays in April and October.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.184. 82ND JUDICIAL DISTRICT (FALLS AND ROBERTSON COUNTIES). (a) The 82nd Judicial District is composed of Falls and Robertson counties.
(b) The terms of the 82nd District Court begin on the first Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.10(a), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 141, § 1, eff. May 25, 1989.
§ 24.185. 83RD JUDICIAL DISTRICT (PECOS, TERRELL, AND VAL VERDE COUNTIES). (a) The 83rd Judicial District is composed of Pecos, Terrell, and Val Verde counties.
(b) The 83rd and 112th district courts have concurrent jurisdiction in Pecos County.
(c) The 83rd and 63rd district courts have concurrent jurisdiction in Terrell and Val Verde counties.
(d) The terms of the 83rd District Court begin on the second Monday in January and July.
(e) In each of the counties of Pecos, Terrell, and Val Verde, a petition or other pleading filed in the district courts is sufficient if addressed "To The District Court of Pecos County, Texas,", "To The District Court of Terrell County, Texas,", or "To The District Court of Val Verde County, Texas," respectively, without giving the number of the district court in the address.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 509, § 1, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 704, § 18, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1337, § 18, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 797, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 24, § 1, eff. Sept. 1, 2003.
§ 24.186. 84TH JUDICIAL DISTRICT (HANSFORD, HUTCHINSON, AND OCHILTREE COUNTIES). (a) The 84th Judicial District is composed of Hansford, Hutchinson, and Ochiltree counties.
(b) The terms of the 84th District Court begin: (1) in Hansford County on the third Monday in March and the second Monday in September;
(2) in Hutchinson County on the first Monday in June and the fourth Monday in November; and
(3) in Ochiltree County on the fourth Monday in April and the second Monday in October.
(c) Each term provided by Subsection (b) begins at 10 a.m. on the first day of the term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.187. 85TH JUDICIAL DISTRICT (BRAZOS COUNTY). (a) The 85th Judicial District is composed of Brazos County.
(b) The 85th District Court has concurrent jurisdiction with the statutory county courts of Brazos County in misdemeanor cases as well as the jurisdiction prescribed by general law for district courts.
(c) The terms of the 85th District Court begin on the first Mondays in April and October.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 280, § 1, eff. Sept. 1, 2001.
§ 24.188. 86TH JUDICIAL DISTRICT (KAUFMAN COUNTY). (a) The 86th Judicial District is composed of Kaufman County.
(b) The terms of the 86th District Court begin on the first Mondays in February and July.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 1124, § 3, eff. June 20, 1987.
§ 24.189. 87TH JUDICIAL DISTRICT (ANDERSON, FREESTONE, LEON, AND LIMESTONE COUNTIES). (a) The 87th Judicial District is composed of Anderson, Freestone, Leon, and Limestone counties.
(b) The terms of the 87th District Court begin: (1) in Anderson County on the first Mondays in February and August; (2) in Freestone County on the first Mondays in January, April, July, and October;
(3) in Leon County on the fifth Monday after the first Mondays in May and November; and
(4) in Limestone County on the first Mondays in May and November. (c) The judge of the 87th District Court shall impanel grand juries in Limestone County at the May and November terms and in Freestone County at the January and July terms and at any other terms of the court as ordered by the judge.
(d) Section 24.179, relating to the 77th District Court, contains provisions applicable to both that court and the 87th District Court in Freestone and Limestone counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.190. 88TH JUDICIAL DISTRICT (HARDIN AND TYLER COUNTIES). (a) The 88th Judicial District is composed of Hardin and Tyler counties.
(b) The terms of the 88th District Court begin: (1) in Hardin County on the first Mondays in April and October; and (2) in Tyler County on the first Mondays in June and December.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.191. 89TH JUDICIAL DISTRICT (WICHITA COUNTY). (a) The 89th Judicial District is composed of Wichita County.
(b) The terms of the 89th District Court begin on the first Mondays in January, April, July, and October.
(c) A grand jury may not be impaneled in the 89th District Court unless the judge of that court calls for a grand jury by special order on the minutes of the court.
(d) Section 24.132, relating to the 30th District Court, contains provisions applicable to both that court and the 89th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.192. 90TH JUDICIAL DISTRICT (STEPHENS AND YOUNG COUNTIES). (a) The 90th Judicial District is composed of Stephens and Young counties.
(b) In addition to other jurisdiction provided by law, each district court in Stephens County has the civil and criminal jurisdiction of a county court.
(c) The terms of the 90th District Court begin on the first Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 230, § 1, eff. Jan. 1, 1998.
§ 24.193. 91ST JUDICIAL DISTRICT (EASTLAND COUNTY). (a) The 91st Judicial District is composed of Eastland County.
(b) In addition to other jurisdiction provided by law, each district court in Eastland County has the civil jurisdiction of a county court. The district court has concurrent with the county court the criminal jurisdiction of a county court.
(c) The terms of the 91st District Court begin on the first Mondays in February, April, June, August, October, and December.
(d) The 91st District Court may not impanel a grand jury except by special order of the judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 15, § 1, eff. April 14, 1987.
§ 24.194. 92ND JUDICIAL DISTRICT (HIDALGO COUNTY). (a) The 92nd Judicial District is composed of Hidalgo County.
(b) The 92nd, 93rd, and 139th district courts have concurrent jurisdiction. (c) The terms of the 92nd District Court begin on the first Mondays in January and July.
(d) All civil cases in the 92nd District Court shall be assigned and docketed at random by the district clerk using an automated system.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 1352, § 2(a), eff. Sept. 1, 2005.
§ 24.195. 93RD JUDICIAL DISTRICT (HIDALGO COUNTY). (a) The 93rd Judicial District is composed of Hidalgo County.
(b) The terms of the 93rd District Court begin on the first Mondays in January and July.
(c) Section 24.194, relating to the 92nd District Court, contains provisions applicable to both that court and the 93rd District Court.
(d) All civil cases in the 93rd District Court shall be assigned and docketed at random by the district clerk using an automated system.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 1352, § 2(b), eff. Sept. 1, 2005.
§ 24.196. 94TH JUDICIAL DISTRICT (NUECES COUNTY). (a) The 94th Judicial District is composed of Nueces County.
(b) The terms of the 94th District Court begin on the first Mondays in January and July. The terms are designated the January-July and July-January terms.
(c) Section 24.130, relating to the 28th District Court, contains provisions applicable to both that court and the 94th District Court.
(d) In addition to other jurisdiction provided by law, the 94th District Court has concurrent jurisdiction with the county courts at law in Nueces County to receive a guilty plea in a misdemeanor case pending in a county court at law in Nueces County and dispose of the case, regardless of whether the case is transferred to the district court. The judgment, order, or action of the district court is valid and binding as if the case were pending in the district court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 72, § 2, eff. May 17, 2005.
§ 24.197. 95TH JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 95th Judicial District is composed of Dallas County.
(b) The terms of the 95th District Court begin on the first Mondays in March, June, September, and December.
(c) Section 24.115, relating to the 14th District Court, contains provisions applicable to both that court and the 95th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.198. 96TH JUDICIAL DISTRICT (TARRANT COUNTY). (a) The 96th Judicial District is composed of Tarrant County.
(b) Section 24.118, relating to the 17th District Court, contains provisions applicable to both that court and the 96th Judicial District.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.199. 97TH JUDICIAL DISTRICT (ARCHER, CLAY, AND MONTAGUE COUNTIES). (a) The 97th Judicial District is composed of Archer, Clay, and Montague counties.
(b) The terms of the 97th District Court begin on the first Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.11(a), eff. Sept. 1, 1987.
§ 24.200. 98TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a) The 98th Judicial District is composed of Travis County.
(b) The terms of the 98th District Court begin on the first Mondays in February, April, June, October, and December.
(c) Section 24.155, relating to the 53rd District Court, contains provisions applicable to both that court and the 98th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.201. 99TH JUDICIAL DISTRICT (LUBBOCK COUNTY). (a) The 99th Judicial District is composed of Lubbock County.
(b) The terms of the 99th District Court begin on the first Mondays in January and July.
(c) Section 24.174, relating to the 72nd District Court, contains provisions applicable to both that court and the 99th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.202. 100TH JUDICIAL DISTRICT (CARSON, CHILDRESS, COLLINGSWORTH, DONLEY, AND HALL COUNTIES). (a) The 100th Judicial District is composed of Carson, Childress, Collingsworth, Donley, and Hall counties.
(b) The terms of the 100th District Court begin: (1) in Carson County on the first Mondays in January and August; (2) in Childress County on the first Mondays in May and December; (3) in Collingsworth County on the first Mondays in April and November; (4) in Donley County on the first Mondays in March and October; and (5) in Hall County on the first Mondays in February and September. (c) Each term provided by Subsection (b) begins at 10 a.m. on the first day of the term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.203. 101ST JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 101st Judicial District is composed of Dallas County.
(b) The terms of the 101st District Court begin on the first Mondays in March, June, September, and December.
(c) Section 24.115, relating to the 14th District Court, contains provisions applicable to both that court and the 101st District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.204. 102ND JUDICIAL DISTRICT (BOWIE AND RED RIVER COUNTIES). (a) The 102nd Judicial District is composed of Bowie and Red River counties.
(b) The terms of the 102nd District Court begin: (1) in Bowie County on the first Mondays in January and July; and (2) in Red River County on the first Mondays in February, May, August, and November.
(c) Section 24.105, relating to the 5th District Court, contains provisions applicable to both that court and the 102nd District Court in Bowie County.
(d) Section 24.106, relating to the 6th District Court, contains provisions applicable to both that court and the 102nd District Court in Red River County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1012, § 2, eff. Sept. 1, 1997.
§ 24.205. 103RD JUDICIAL DISTRICT (CAMERON COUNTY). (a) The 103rd Judicial District is composed of Cameron County. The court shall give preference to civil cases.
(b) The 103rd, 107th, and 138th district courts have concurrent jurisdiction.
(c) The terms of the 103rd District Court begin on the first Mondays in February and July.
(d) The judges of the 103rd and 107th district courts need not impanel grand juries except in cases of emergency.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 1352, § 5(a), eff. Sept. 1, 2005.
§ 24.206. 104TH JUDICIAL DISTRICT (TAYLOR COUNTY). (a) The 104th Judicial District is composed of Taylor County.
(b) The terms of the 104th District Court begin on the 11th and 24th Mondays after the first Monday in January and the ninth Monday after the first Monday in September.
(c) The commissioners court shall provide suitable quarters in the county courthouse for the court and the officers of the court.
(d) Section 24.144, relating to the 42nd District Court, contains provisions applicable to both that court and the 104th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.207. 105TH JUDICIAL DISTRICT (KENEDY, KLEBERG, AND NUECES COUNTIES). (a) The 105th Judicial District is composed of Kenedy, Kleberg, and Nueces counties. The court shall give preference to criminal cases.
(b) The terms of the 105th District Court begin: (1) in Kenedy County on the first Mondays in June and December; (2) in Kleberg County on the first Mondays in April and October; and (3) in Nueces County on the first Mondays in February and August. (c) The judge, with the approval of the commissioners court, may appoint an official interpreter of the court in Nueces County who serves at the will of the judge. The official interpreter shall take both the constitutional oath of office and an oath that he will faithfully interpret all testimony in the district court as official interpreter. The oath is sufficient for his service as official interpreter in all cases in the court in Nueces County during the interpreter's term of office. The judge may also assign the official interpreter to assist the court's probation officer in the discharge of the probation officer's duties.
(d) In addition to other jurisdiction provided by law, the 105th District Court has concurrent jurisdiction with the county courts at law in Nueces County to receive a guilty plea in a misdemeanor case pending in a county court at law in Nueces County and dispose of the case, regardless of whether the case is transferred to the district court. The judgment, order, or action of the district court is valid and binding as if the case were pending in the district court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 72, § 3, eff. May 17, 2005.
§ 24.208. 106TH JUDICIAL DISTRICT (DAWSON, GAINES, GARZA, AND LYNN COUNTIES). (a) The 106th Judicial District is composed of Dawson, Gaines, Garza, and Lynn counties.
(b) The terms of the 106th District Court begin: (1) in Dawson County on the third Monday in February and the second Monday in September;
(2) in Gaines County on the first Mondays in April and October; (3) in Garza County on the first Monday in March and the fourth Monday in September; and
(4) in Lynn County on the first Monday in February and the third Monday in September.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.209. 107TH JUDICIAL DISTRICT (CAMERON COUNTY). (a) The 107th Judicial District is composed of Cameron County. The court shall give preference to criminal cases.
(b) The terms of the 107th District Court begin on the first Mondays in January and July.
(c) Section 24.205, relating to the 103rd District Court, contains provisions applicable to both that court and the 107th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 1352, § 5(b), eff. Sept. 1, 2005.
§ 24.210. 108TH JUDICIAL DISTRICT (POTTER COUNTY). (a) The 108th Judicial District is composed of Potter County.
(b) The terms of the 108th District Court begin on the first Mondays in January, May, and September.
(c) Section 24.149, relating to the 47th District Court, contains provisions applicable to both that court and the 108th District Court in Potter County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.211. 109TH JUDICIAL DISTRICT (ANDREWS, CRANE, AND WINKLER COUNTIES). (a) The 109th Judicial District is composed of Andrews, Crane, and Winkler counties.
(b) The terms of the 109th District Court begin: (1) in Andrews County on the second Monday in January and the first Monday in July;
(2) in Crane County on the first Mondays in February and August; and (3) in Winkler County on the first Monday in March and the second Monday in September.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.212. 110TH JUDICIAL DISTRICT (BRISCOE, DICKENS, FLOYD, AND MOTLEY COUNTIES). (a) The 110th Judicial District is composed of Briscoe, Dickens, Floyd, and Motley counties.
(b) The terms of the 110th District Court begin: (1) in Briscoe County on the first Mondays in January and June; (2) in Dickens County on the first Mondays in April and November; (3) in Floyd County on the first Mondays in February and July; and (4) in Motley County on the first Mondays in March and August.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.213. 111TH JUDICIAL DISTRICT (WEBB COUNTY). (a) The 111th Judicial District is composed of Webb County.
(b) The terms of the 111th District Court begin on the first Mondays in January, March, May, July, September, and November.
(c) The judge of the 111th District Court may not impanel grand juries unless he considers it necessary.
(d) Section 24.151, relating to the 49th District Court, contains provisions applicable to both that court and the 111th District Court in Webb County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.214. 112TH JUDICIAL DISTRICT (CROCKETT, PECOS, REAGAN, SUTTON, AND UPTON COUNTIES). (a) The 112th Judicial District is composed of Crockett, Pecos, Reagan, Sutton, and Upton counties.
(b) The terms of the 112th District Court begin: (1) in Crockett County on the first Monday in April and the third Monday in September;
(2) in Pecos County on the first Mondays in May and November; (3) in Reagan County on the first Mondays in March and October; (4) in Sutton County on the third Monday in March and the first Monday in September; and
(5) in Upton County on the first Monday in February and the second Monday in June.
(c) Section 24.185, relating to the 83rd District Court, contains provisions applicable to both that court and the 112th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 220, § 1, eff. Sept. 1, 2005.
§ 24.215. 113TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 113th Judicial District is composed of Harris County.
(b) Section 24.112, relating to the 11th District Court, contains provisions applicable to both that court and the 113th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.216. 114TH JUDICIAL DISTRICT (SMITH COUNTY). (a) The 114th Judicial District is composed of Smith County.
(b) The terms of the 114th District Court begin on the first Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1337, § 12, eff. Sept. 1, 1999.
§ 24.217. 115TH JUDICIAL DISTRICT (MARION AND UPSHUR COUNTIES). (a) The 115th Judicial District is composed of Marion and Upshur counties.
(b) In addition to other jurisdiction provided by law, the 115th District Court has the civil and criminal jurisdiction of a county court in Marion County. The County Court of Marion County has concurrent jurisdiction to receive guilty pleas in misdemeanor cases. Matters within the courts' concurrent jurisdiction may be filed in either court and may be transferred between the district court and county court.
(c) The 115th District Court has concurrent jurisdiction with the 276th District Court in Marion County. The judges of the courts may transfer any case on their dockets in Marion County with the consent of the judge to which the case is transferred. Each judge may sit in the other court to hear a case without transferring the case.
(d) All writs and processes issued and bonds and recognizances made in transferred cases are returnable to the court to which transferred, as if originally issued there.
(e) The terms of the 115th District Court begin: (1) in Marion County on the first Mondays in March and September; and (2) in Upshur County on the first Mondays in January and June. (f) The court terms continue until and including the Saturday immediately before the Monday on which the next term will convene.
(g) The officers serving the 276th District Court in Marion County shall also serve the 115th District Court in Marion County.
(h) In addition to other jurisdiction provided by law, the district court having jurisdiction in Upshur County has the civil and criminal jurisdiction, other than probate jurisdiction, of a county court. All civil and criminal matters within the concurrent jurisdiction of the county and district courts must be filed with the county clerk in the county court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.12(a), eff. Sept. 1, 1987.
§ 24.218. 116TH JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 116th Judicial District is composed of Dallas County.
(b) The terms of the 116th District Court begin on the first Mondays in January, April, July, and October.
(c) Section 24.115, relating to the 14th District Court, contains provisions applicable to both that court and the 116th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.219. 117TH JUDICIAL DISTRICT (NUECES COUNTY). (a) The 117th Judicial District is composed of Nueces County.
(b) The terms of the 117th District Court begin on the first Mondays in January and July. The terms are designated the January-July and July-January terms.
(c) Section 24.130, relating to the 28th District Court, contains provisions applicable to both that court and the 117th District Court.
(d) In addition to other jurisdiction provided by law, the 117th District Court has concurrent jurisdiction with the county courts at law in Nueces County to receive a guilty plea in a misdemeanor case pending in a county court at law in Nueces County and dispose of the case, regardless of whether the case is transferred to the district court. The judgment, order, or action of the district court is valid and binding as if the case were pending in the district court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 72, § 4, eff. May 17, 2005.
§ 24.220. 118TH JUDICIAL DISTRICT (GLASSCOCK, HOWARD, AND MARTIN COUNTIES). (a) The 118th Judicial District is composed of Glasscock, Howard, and Martin counties.
(b) In addition to other jurisdiction provided by law, each district court in Glasscock County has the civil jurisdiction of a county court.
(c) The terms of the 118th District Court begin: (1) in Glasscock County on the first Mondays in February and September; (2) in Howard County on the fourth Mondays in January, June, August, and October; and
(3) in Martin County on the first Mondays in January, June, and October. (d) The judges of the 70th and 118th district courts may take a vacation and not attend court for six weeks in each year. The judges, by agreement, shall take their vacations alternately so that a judge is present in one of the courts at all times.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.221. 119TH JUDICIAL DISTRICT (CONCHO, RUNNELS, AND TOM GREEN COUNTIES). (a) The 119th Judicial District is composed of Concho, Runnels, and Tom Green counties.
(b) The terms of the 119th District Court begin: (1) in Concho County on the first Mondays in February and July; (2) in Runnels County on the first Mondays in March and October; and (3) in Tom Green County on the first Mondays in April and November. (c) Section 24.153, relating to the 51st District Court, contains provisions applicable to both that court and the 119th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.222. 120TH JUDICIAL DISTRICT (EL PASO COUNTY). (a) The 120th Judicial District is composed of El Paso County.
(b) The terms of the 120th District Court begin on the first Mondays in January and July.
(c) The El Paso County sheriff or the sheriff's deputy shall attend the court when required by law or by the judge.
(d) Section 24.136, relating to the 34th District Court, contains provisions applicable to both that court and the 120th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.223. 121ST JUDICIAL DISTRICT (TERRY AND YOAKUM COUNTIES). (a) The 121st Judicial District is composed of Terry and Yoakum counties.
(b) The terms of the 121st District Court begin: (1) in Terry County on the second Mondays in May and November; and (2) in Yoakum County on the second Mondays in June and December.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.224. 122ND JUDICIAL DISTRICT (GALVESTON COUNTY). (a) The 122nd Judicial District is composed of Galveston County.
(b) The 122nd District Court has concurrent jurisdiction with the 10th and 56th district courts.
(c) The terms of the 122nd District Court begin on the first Mondays in January and July.
(d) Section 24.111, relating to the 10th District Court, contains provisions applicable to both that court and the 122nd District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.225. 123RD JUDICIAL DISTRICT (PANOLA AND SHELBY COUNTIES). (a) The 123rd Judicial District is composed of Panola and Shelby counties.
(b) The terms of the 123rd District Court begin: (1) in Panola County on the first Mondays in January, May, and September; and
(2) in Shelby County on the first Mondays in March, July, and November.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.226. 124TH JUDICIAL DISTRICT (GREGG COUNTY). (a) The 124th Judicial District is composed of Gregg County.
(b) The terms of the 124th District Court begin on the first Mondays in January, March, May, July, September, and November.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.227. 125TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 125th Judicial District is composed of Harris County.
(b) Section 24.112, relating to the 11th District Court, contains provisions applicable to both that court and the 125th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.228. 126TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a) The 126th Judicial District is composed of Travis County.
(b) The terms of the 126th District Court begin on the first Mondays in September and November and the third Mondays in January, March, and June.
(c) Section 24.155, relating to the 53rd District Court, contains provisions applicable to both that court and the 126th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.229. 127TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 127th Judicial District is composed of Harris County.
(b) Section 24.112, relating to the 11th District Court, contains provisions applicable to both that court and the 127th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.230. 128TH JUDICIAL DISTRICT (ORANGE COUNTY). (a) The 128th Judicial District is composed of Orange County.
(b) The 128th and 163rd district courts have concurrent jurisdiction in Orange County.
(c) The terms of the 128th District Court begin on the first Mondays in January, May, and September.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.231. 129TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 129th Judicial District is composed of Harris County.
(b) Section 24.112, relating to the 11th District Court, contains provisions applicable to both that court and the 129th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.232. 130TH JUDICIAL DISTRICT (MATAGORDA COUNTY). (a) The 130th Judicial District is composed of Matagorda County.
(b) The terms of the 130th District Court begin on the first Mondays in March and September and are designated as the March-August and September-February terms.
(c) Section 24.124, relating to the 23rd District Court, contains provisions applicable to both that court and the 130th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.233. 131ST JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 131st Judicial District is composed of Bexar County.
(b) Section 24.139, relating to the 37th District Court, contains provisions applicable to both that court and the 131st District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.234. 132ND JUDICIAL DISTRICT (BORDEN AND SCURRY COUNTIES). (a) The 132nd Judicial District is composed of Borden and Scurry counties.
(b) The terms of the 132nd District Court begin: (1) in Borden County on the first Mondays in January, March, May, July, September, and November; and
(2) in Scurry County on the first Mondays in February, April, June, August, October, and December.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.235. 133RD JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 133rd Judicial District is composed of Harris County.
(b) Section 24.112, relating to the 11th District Court, contains provisions applicable to both that court and the 133rd District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.236. 134TH JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 134th Judicial District is composed of Dallas County.
(b) The terms of the 134th District Court begin on the first Mondays in January and July.
(c) Section 24.115, relating to the 14th District Court, contains provisions applicable to both that court and the 134th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.237. 135TH JUDICIAL DISTRICT (CALHOUN, DEWITT, GOLIAD, JACKSON, REFUGIO, AND VICTORIA COUNTIES). (a) The 135th Judicial District is composed of Calhoun, DeWitt, Goliad, Jackson, Refugio, and Victoria counties.
(b) The terms of the 135th District Court in each county of the district begin on the first Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.238. 136TH JUDICIAL DISTRICT (JEFFERSON COUNTY). (a) The 136th Judicial District is composed of Jefferson County.
(b) The terms of the 136th District Court begin on the first Mondays in January and July. The terms are designated the January-June and July-December terms.
(c) The Jefferson County sheriff or the sheriff's deputy shall attend the court as required by law or by the judge.
(d) Section 24.160, relating to the 58th District Court, contains provisions applicable to both that court and the 136th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.239. 137TH JUDICIAL DISTRICT (LUBBOCK COUNTY). (a) The 137th Judicial District is composed of Lubbock County.
(b) The terms of the 137th District Court begin on the first Mondays in January and July.
(c) Section 24.174, relating to the 72nd District Court, contains provisions applicable to both that court and the 137th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.240. 138TH JUDICIAL DISTRICT (CAMERON COUNTY). (a) The 138th Judicial District is composed of Cameron County. The court shall give preference to criminal cases.
(b) The terms of the 138th District Court begin on the first Mondays in March, July, and November.
(c) The judge of the 138th District Court shall impanel grand juries at all times required by law.
(d) Section 24.205, relating to the 103rd District Court, contains provisions applicable to both that court and the 138th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 1352, § 5(c), eff. Sept. 1, 2005.
§ 24.241. 139TH JUDICIAL DISTRICT (HIDALGO COUNTY). (a) The 139th Judicial District is composed of Hidalgo County.
(b) The terms of the 139th District Court begin on the first Mondays in January and July.
(c) Section 24.194, relating to the 92nd District Court, contains provisions applicable to both that court and the 139th District Court.
(d) All civil cases in the 139th District Court shall be assigned and docketed at random by the district clerk using an automated system.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 1352, § 2(c), eff. Sept. 1, 2005.
§ 24.242. 140TH JUDICIAL DISTRICT (LUBBOCK COUNTY). (a) The 140th Judicial District is composed of Lubbock County.
(b) The terms of the 140th District Court begin on the first Mondays in January and July.
(c) Section 24.174, relating to the 72nd District Court, contains provisions applicable to both that court and the 140th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.243. 142ND JUDICIAL DISTRICT (MIDLAND COUNTY). (a) The 142nd Judicial District is composed of Midland County.
(b) The terms of the 142nd District Court begin on the first Mondays in January and July of each year.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 93, § 1, eff. Jan. 1, 1996.
§ 24.244. 143RD JUDICIAL DISTRICT (LOVING, REEVES, AND WARD COUNTIES). (a) The 143rd Judicial District is composed of Loving, Reeves, and Ward counties.
(b) The terms of the 143rd District Court begin: (1) in Loving County on the first Mondays in April and August and the third Monday in December;
(2) in Reeves County on the first Monday in January and the third Mondays in May, August, and October; and
(3) in Ward County on the third Monday in February, the first Monday in June, the third Monday in September, and the first Monday in December.
(c) The terms provided by Subsection (b) begin at 10 a.m. on the first day of the term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.245. 144TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 144th Judicial District is composed of Bexar County.
(b) Section 24.139, relating to the 37th District Court, contains provisions applicable to both that court and the 144th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.246. 145TH JUDICIAL DISTRICT (NACOGDOCHES COUNTY). (a) The 145th Judicial District is composed of Nacogdoches County.
(b) The terms of the 145th District Court begin on the first Mondays in March and September.
(c) The judge may take a vacation and not attend court for four weeks in each year.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.247. 146TH JUDICIAL DISTRICT (BELL COUNTY). (a) The 146th Judicial District is composed of Bell County.
(b) The terms of the 146th 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 146th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.248. 147TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a) The 147th Judicial District is composed of Travis County. The court shall give preference to criminal cases.
(b) The terms of the 147th District Court begin on the first Mondays in January, April, July, and October.
(c) The judge of the 147th District Court shall impanel a grand jury for each court term in the manner provided by general law and may impanel grand juries at any time that he considers it necessary by an order entered in the minutes of the court.
(d) Section 24.155, relating to the 53rd District Court, contains provisions applicable to both that court and the 147th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.249. 150TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 150th Judicial District is composed of Bexar County.
(b) Section 24.139, relating to the 37th District Court, contains provisions applicable to both that court and the 150th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.250. 151ST JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 151st Judicial District is composed of Harris County.
(b) Section 24.112, relating to the 11th District Court, contains provisions applicable to both that court and the 151st District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.251. 152ND JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 152nd Judicial District is composed of Harris County.
(b) Section 24.112, relating to the 11th District Court, contains provisions applicable to both that court and the 152nd District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.252. 153RD JUDICIAL DISTRICT (TARRANT COUNTY). (a) The 153rd Judicial District is composed of Tarrant County.
(b) The terms of the 153rd District Court begin on the first Mondays in February, May, August, and November.
(c) The Tarrant County sheriff or the sheriff's deputy shall attend the court as required by law or by the judge.
(d) Section 24.118, relating to the 17th District Court, contains provisions applicable to both that court and the 153rd District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.253. 154TH JUDICIAL DISTRICT (LAMB COUNTY). (a) The 154th Judicial District is composed of Lamb County.
(b) The terms of the 154th District Court begin on the first Mondays in January and July and are designated as the January and July terms.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.254. 155TH JUDICIAL DISTRICT (AUSTIN, FAYETTE, AND WALLER COUNTIES). (a) The 155th Judicial District is composed of Austin, Fayette, and Waller counties.
(b) The terms of the 155th District Court begin: (1) in Austin County on the first Mondays in April and November; (2) in Fayette County on the first Mondays in February and September; and (3) in Waller County on the first Mondays in January and June. (c) The sheriff of each county or the sheriff's deputy shall attend the court as required by law or by the judge.
(d) Section 24.109, relating to the 9th District Court, contains provisions applicable to both that court and the 155th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.255. 156TH JUDICIAL DISTRICT (ARANSAS, BEE, LIVE OAK, MCMULLEN, AND SAN PATRICIO COUNTIES). (a) The 156th Judicial District is composed of Aransas, Bee, Live Oak, McMullen, and San Patricio counties.
(b) The terms of the 156th District Court in each county begin on the first Mondays in January and July.
(c) Section 24.138, relating to the 36th District Court, contains provisions applicable to both that court and the 156th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.256. 157TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 157th Judicial District is composed of Harris County.
(b) Section 24.112, relating to the 11th District Court, contains provisions applicable to both that court and the 157th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.257. 160TH JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 160th Judicial District is composed of Dallas County.
(b) The terms of the 160th District Court begin on the first Mondays in January and July.
(c) Section 24.115, relating to the 14th District Court, contains provisions applicable to both that court and the 160th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.258. 161ST JUDICIAL DISTRICT (ECTOR COUNTY). (a) The 161st Judicial District is composed of Ector County.
(b) The 161st District Court has concurrent jurisdiction with the other district courts in Ector County.
(c) The terms of the 161st District Court begin on the first Mondays in January and July.
(d) The Ector County sheriff or the sheriff's deputy shall attend the court as required by law or by the judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 880, § 2, eff. Aug. 31, 1987.
§ 24.259. 162ND JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 162nd Judicial District is composed of Dallas County.
(b) The terms of the 162nd District Court begin on the first Mondays in January and July.
(c) Section 24.115, relating to the 14th District Court, contains provisions applicable to both that court and the 162nd District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.260. 163RD JUDICIAL DISTRICT (ORANGE COUNTY). (a) The 163rd Judicial District is composed of Orange County.
(b) The terms of the 163rd District Court begin on the first Mondays in January, May, and September.
(c) The Orange County sheriff or the sheriff's deputy shall attend the court as required by law or by the judge.
(d) Section 24.230, relating to the 128th District Court, contains provisions applicable to both that court and the 163rd District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.261. 164TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 164th Judicial District is composed of Harris County.
(b) Section 24.112, relating to the 11th District Court, contains provisions applicable to both that court and the 164th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.262. 165TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 165th Judicial District is composed of Harris County.
(b) Section 24.112, relating to the 11th District Court, contains provisions applicable to both that court and the 165th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.263. 166TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 166th Judicial District is composed of Bexar County.
(b) Section 24.139, relating to the 37th District Court, contains provisions applicable to both that court and the 166th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.264. 167TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a) The 167th Judicial District is composed of Travis County.
(b) The terms of the 167th District Court begin on the first Mondays in March and September.
(c) Section 24.155, relating to the 53rd District Court, contains provisions applicable to both that court and the 167th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.265. 170TH JUDICIAL DISTRICT (MCLENNAN COUNTY). (a) The 170th Judicial District is composed of McLennan County.
(b) The terms of the 170th District Court begin on the second Mondays in February, April, June, August, October, and December.
(c) Section 24.120, relating to the 19th District Court, contains provisions applicable to both that court and the 170th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.266. 171ST JUDICIAL DISTRICT (EL PASO COUNTY). (a) The 171st Judicial District is composed of El Paso County.
(b) The terms of the 171st District Court begin on the first Mondays in January and July.
(c) Section 24.136, relating to the 34th District Court, contains provisions applicable to both that court and the 171st District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.267. 174TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 174th Judicial District is composed of Harris County.
(b) Subsections (c), (e), and (f) apply to the 174th, 176th, 177th, 178th, and 179th district courts.
(c) Each of the district courts has concurrent jurisdiction with the other district courts in Harris County.
(d) The terms of the 174th District Court begin on the first Mondays in February, May, August, and November.
(e) The judges of the district courts shall, by agreement among themselves, take their vacations alternately so that there are at all times at least six district court judges in the county.
(f) The Harris County sheriff or the sheriff's deputy shall attend the courts as required by law or by the judges.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.268. 175TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 175th Judicial District is composed of Bexar County.
(b) Section 24.139, relating to the 37th District Court, contains provisions applicable to both that court and the 175th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.269. 176TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 176th Judicial District is composed of Harris County.
(b) The terms of the 176th District Court begin on the first Mondays in February, May, August, and November.
(c) Section 24.267, relating to the 174th District Court, contains provisions applicable to both that court and the 176th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.270. 177TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 177th Judicial District is composed of Harris County.
(b) The terms of the 177th District Court begin on the first Mondays in February, May, August, and November.
(c) Section 24.267, relating to the 174th District Court, contains provisions applicable to both that court and the 177th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.271. 178TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 178th Judicial District is composed of Harris County.
(b) The terms of the 178th District Court begin on the first Mondays in February, May, August, and November.
(c) Section 24.267, relating to the 174th District Court, contains provisions applicable to both that court and the 178th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.272. 179TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 179th Judicial District is composed of Harris County.
(b) The terms of the 179th District Court begin on the first Mondays in February, May, August, and November.
(c) Section 24.267, relating to the 174th District Court, contains provisions applicable to both that court and the 179th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.273. 180TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 180th Judicial District is composed of Harris County.
(b) The 180th District Court has concurrent jurisdiction with the other district courts in Harris County.
(c) The terms of the 180th District Court begin on the first Mondays in February, May, August, and November. Each term continues until the court has disposed of the business for that term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.274. 186TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 186th Judicial District is composed of Bexar County.
(b) Section 24.139, relating to the 37th District Court, contains provisions applicable to both that court and the 186th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.275. 216TH JUDICIAL DISTRICT (BANDERA, GILLESPIE, KENDALL, AND KERR COUNTIES). (a) The 216th Judicial District is composed of Bandera, Gillespie, Kendall, and Kerr counties.
(b) The terms of the 216th District Court begin: (1) in Bandera County on the first Mondays in February and September; (2) in Gillespie County on the second Mondays in April and November; (3) in Kendall County on the fourth Mondays in February and September; and
(4) in Kerr County on the first Mondays in January and June.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.276. 229TH JUDICIAL DISTRICT (DUVAL, JIM HOGG, AND STARR COUNTIES). (a) The 229th Judicial District is composed of Duval, Jim Hogg, and Starr counties.
(b) The terms of the 229th District Court begin: (1) in Duval County on the first Mondays in February and August; (2) in Jim Hogg County on the first Mondays in June and December; and (3) in Starr County on the first Mondays in April and October.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER C. JUDICIAL DISTRICTS ACT OF 1969
§ 24.301. APPLICATION OF SUBCHAPTER. Except as otherwise indicated by the context, this subchapter applies only to judicial districts listed in this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.302. TERMS OF COURT. Each district court holds in each county within its jurisdiction terms that commence on the first Mondays in January and July of each year.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.303. TRANSFER OF CASES; EXCHANGE OF BENCHES. (a) In any county in which there are two or more district courts, the judges of those courts may, in their discretion, either in termtime or vacation, on motion of any party or on agreement of the parties, or on their own motion, transfer any civil or criminal case or proceeding on their dockets to the docket of one of those other district courts. The judges of those courts may, in their discretion, exchange benches or districts from time to time.
(b) If a judge of one of the courts is disqualified, he shall transfer the case or proceeding from his court to one of the other courts, and any of the judges may in his own courtroom try and determine any case or proceeding pending in any of the other courts without having the case transferred, or may sit in any of the other courts and hear and determine any case or proceeding pending in one of those courts. Each judgment and order shall be entered in the minutes of the court in which the case is pending, and two or more judges may try different cases in the same court at the same time and each may occupy his own courtroom or the room of any other court.
(c) In case of absence, sickness, or disqualification of any of the judges, any other of the judges may hold court for him. Any of the judges may hear and determine any part or question of any case or proceeding pending in any of the courts, and any other of the judges may complete the hearing and render judgment in the case or proceeding. Any of the judges may hear and determine motions, petitions for injunction, applications for appointment of receivers, interventions, pleas of privilege, pleas in abatement, and all dilatory pleas, motions for new trials, 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 judge in whose court the matter is pending may proceed to hear, complete, and determine that matter or all or any part of any other matter and render a final judgment. Any of the judges of the courts may issue restraining orders and injunctions returnable to any of the other courts.
(d) This section does not limit the powers of the judge when acting for any other judge by exchange of benches or otherwise.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.304. FILING AND DOCKETING CASES. In a county in which there are two or more district courts, the judges of the courts 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.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.305. PROCESS; BONDS. (a) When a case is transferred from one court to another, all process and writs issued from 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 district court to which the case is transferred as if originally issued by that court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.306. JUVENILE BOARDS. The district judge of any district listed in this subchapter is a member of the juvenile board in each county within his district in which a juvenile board exists.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.307. SUPPLEMENTAL COMPENSATION. (a) The judge receives the same amount of supplemental compensation for his services on the juvenile board as is received by other judges on the board.
(b) Unless otherwise provided by this subchapter, the judge receives the same amount in other supplemental compensation from the county as the other district judges in the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.308. 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 subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.309. JURISDICTION. Each court listed in this subchapter has the jurisdiction provided by the constitution and the general laws of this state for district courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.310. SPECIAL DISTRICT COURTS. Each court listed in this subchapter that is directed to give preference to specific matters or types of cases shall participate in all matters relating to juries, grand juries, indictments, and docketing of cases in the same manner as the existing district courts that are similarly directed within that county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.311. APPOINTMENT OF INITIAL JUDGE. When a judicial district is created by amendment to this subchapter, the governor shall appoint a qualified person to the office of district judge. The appointee serves until the next succeeding general election.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.312. GRAND AND PETIT JURORS. All grand and petit jurors selected in a county before the creation of a district court under this subchapter are considered to be lawfully selected for the district court created for the county by this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.313. CASES TRANSFERRED. Except as otherwise provided by this subchapter, when an amendment to this subchapter transfers a county from one judicial district to another, or creates a new judicial district within a county and removes the county from one or more existing judicial districts, all cases and proceedings pending in the district courts of that county are transferred by operation of law to the new judicial district or the judicial district to which the county is transferred. The judges of the district courts affected shall sign the proper orders in connection with the transfer.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.314. PROCESS AND WRITS REMAIN VALID. (a) If an amendment to this subchapter transfers a county to a different judicial district, creates a new judicial district within the county and removes the county from one or more existing judicial districts, or prescribes a different time or place for the court to hold terms of court, all process and writs issued from that court before the effective date of the amendment are returnable to the court as provided by this subsection. All process and writs issued from that court and made returnable to the court as constituted at the time of issuance are returnable to the district court for that county as the court is constituted under this subchapter at the time the court directs but not at a time earlier than originally returnable. The writs and process are legal and valid as if they had been made returnable to the court as constituted under this subchapter.
(b) All grand and petit jurors lawfully selected in a county before the effective date of an amendment to this subchapter are lawfully selected for the district court for that county as constituted under this subchapter.
(c) 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 subchapter, and all witnesses summoned to appear before that district court under laws existing before the effective date of an amendment to this subchapter, are required to appear at the district court for that county as constituted under this subchapter at the time that court directs but not at a time earlier than originally required.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.351. JUDICIAL DISTRICT 1-A (JASPER, NEWTON, AND TYLER COUNTIES). (a) Judicial District 1-A is composed of Jasper, Newton, and Tyler counties.
(b) The jurisdiction of the court of Judicial District 1-A is concurrent with the jurisdiction of the other district courts in Jasper, Newton, and Tyler counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.352. 141ST JUDICIAL DISTRICT (TARRANT COUNTY). The 141st Judicial District is composed of Tarrant County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.353. 148TH JUDICIAL DISTRICT (NUECES COUNTY). (a) The 148th Judicial District is composed of Nueces County.
(b) The 148th District Court shall give first preference to family law matters and second preference to criminal cases.
(c) In addition to other jurisdiction provided by law, the 148th District Court has concurrent jurisdiction with the county courts at law in Nueces County to receive a guilty plea in a misdemeanor case pending in a county court at law in Nueces County and dispose of the case, regardless of whether the case is transferred to the district court. The judgment, order, or action of the district court is valid and binding as if the case were pending in the district court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 72, § 5, eff. May 17, 2005.
§ 24.354. 149TH JUDICIAL DISTRICT (BRAZORIA COUNTY). The 149th Judicial District is composed of Brazoria County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.355. 158TH JUDICIAL DISTRICT (DENTON COUNTY). The 158th Judicial District is composed of Denton County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.356. 159TH JUDICIAL DISTRICT (ANGELINA COUNTY). The 159th Judicial District is composed of Angelina County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.357. 168TH JUDICIAL DISTRICT (EL PASO COUNTY). (a) The 168th Judicial District is composed of El Paso County.
(b) Section 24.136, relating to the 34th District Court, contains provisions applicable to both that court and the 168th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.358. 169TH JUDICIAL DISTRICT (BELL COUNTY). (a) The 169th Judicial District is composed of Bell County.
(b) The terms of the 169th District Court begin on the first Mondays in January, April, July, and October.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.359. 172ND JUDICIAL DISTRICT (JEFFERSON COUNTY). The 172nd Judicial District is composed of Jefferson County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.360. 173RD JUDICIAL DISTRICT (HENDERSON COUNTY). The 173rd Judicial District is composed of Henderson County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.361. 181ST JUDICIAL DISTRICT (POTTER AND RANDALL COUNTIES). (a) The 181st Judicial District is composed of Potter and Randall counties.
(b) The 181st District Court may hear and determine, in any county in the district convenient for the court, all preliminary or interlocutory matters in which a jury may not be demanded, in any case pending in any county in the district regardless of whether the case was filed in the county in which the hearing is held. Unless there is an objection filed by a party to the suit, the 181st District Court may hear, in any county in the district convenient for the court, any nonjury case pending in any county in the district, including divorces, adoptions, default judgments, and matters in which citation was by publication, regardless of whether the case was filed in the county in which the hearing is held.
(c) Section 24.149, relating to the 47th District Court, contains provisions applicable to both that court and the 181st District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.362. 182ND JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 182nd Judicial District is composed of Harris County.
(b) The 182nd District Court shall give preference to criminal cases. (c) The terms of the 182nd District Court begin on the first Mondays in February, May, August, and November. Each term continues until the court has disposed of the business for that term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.363. 183RD JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 183rd Judicial District is composed of Harris County.
(b) The 183rd District Court shall give preference to criminal cases. (c) The terms of the 183rd District Court begin on the first Mondays in February, May, August, and November. Each term continues until the court has disposed of the business for that term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.364. 184TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 184th Judicial District is composed of Harris County.
(b) The 184th District Court shall give preference to criminal cases. (c) The terms of the 184th District Court begin on the first Mondays in February, May, August, and November. Each term continues until the court has disposed of the business for that term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.365. 185TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 185th Judicial District is composed of Harris County.
(b) The 185th District Court shall give preference to criminal cases. (c) The terms of the 185th District Court begin on the first Mondays in February, May, August, and November. Each term continues until the court has disposed of the business for that term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.366. 187TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 187th Judicial District is composed of Bexar County.
(b) The 187th District Court shall give preference to criminal cases. (c) Repealed by Acts 1997, 74th Leg., ch. 497, § 3, eff. Sept. 1, 1997.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 497, § 3, eff. Sept. 1, 1997.
§ 24.367. 188TH JUDICIAL DISTRICT (GREGG COUNTY). The 188th Judicial District is composed of Gregg County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.368. 189TH JUDICIAL DISTRICT (HARRIS COUNTY). The 189th Judicial District is composed of Harris County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.369. 190TH JUDICIAL DISTRICT (HARRIS COUNTY). The 190th Judicial District is composed of Harris County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.370. 191ST JUDICIAL DISTRICT (DALLAS COUNTY). The 191st Judicial District is composed of Dallas County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.371. 192ND JUDICIAL DISTRICT (DALLAS COUNTY). The 192nd Judicial District is composed of Dallas County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.372. 193RD JUDICIAL DISTRICT (DALLAS COUNTY). The 193rd Judicial District is composed of Dallas County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.373. 194TH JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 194th Judicial District is composed of Dallas County.
(b) The 194th District Court shall give preference to criminal cases.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.374. 195TH JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 195th Judicial District is composed of Dallas County.
(b) The 195th District Court shall give preference to criminal cases.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.375. 196TH JUDICIAL DISTRICT (HUNT COUNTY). The 196th Judicial District is composed of Hunt County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.376. 197TH JUDICIAL DISTRICT (CAMERON AND WILLACY COUNTIES). (a) The 197th Judicial District is composed of Cameron and Willacy counties.
(b) The 197th District Court shall give preference to criminal cases.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.377. 198TH JUDICIAL DISTRICT (KERR, KIMBLE, MCCULLOCH, MASON, AND MENARD COUNTIES). (a) The 198th Judicial District is composed of Kerr, Kimble, McCulloch, Mason, and Menard counties.
(b) The judge of the 198th District Court may select jury commissioners and impanel grand juries in each county. The judge of the 198th District Court may alternate the drawing of grand juries with the judge of any other district court in each county within his district and may order grand and petit juries to be drawn for any term of his court as in his judgment is necessary, by an order entered in the minutes of the court. Indictments within each county may be returned to either court within that county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 623, § 2, eff. Sept. 1, 1999.
§ 24.378. 199TH JUDICIAL DISTRICT (COLLIN COUNTY). The 199th Judicial District is composed of Collin County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.379. 200TH JUDICIAL DISTRICT (TRAVIS COUNTY). The 200th Judicial District is composed of Travis County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.380. 201ST JUDICIAL DISTRICT (TRAVIS COUNTY). The 201st Judicial District is composed of Travis County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.381. 202ND JUDICIAL DISTRICT (BOWIE COUNTY). (a) The 202nd Judicial District is composed of Bowie County.
(b) The 202nd District Court shall give preference to criminal cases. (c) The jurisdiction of the 202nd District Court in Bowie County is concurrent and coextensive with the 5th and 102nd district courts.
(d) The terms of the 202nd District Court begin on the first Mondays in January and July. During each term of court in Bowie County, the court may sit in Texarkana to try, hear, and determine any civil nonjury case, may hear and determine motions, agreements, and other nonjury civil matters that come before the court, and may hear and determine any criminal nonjury matters, including pleas of guilty, both felony and misdemeanor, when a jury has been waived. This subsection does not limit the court's power to hear those matters in Boston.
(e) The clerk of the district court of Bowie County serves as the clerk of the 202nd District Court. The district clerk of Bowie County or his deputy shall serve the court when it is sitting in Texarkana and may transfer all necessary books, minutes, and records to Texarkana while the court is in session there, and may transfer all necessary books, minutes, records, and papers from Texarkana to Boston at the end of each session in Texarkana.
(f) The sheriff of Bowie County or his deputy shall attend the court while it is sitting in Texarkana and shall perform the duties required by law or under the order of the court.
(g) Section 24.105, relating to the 5th District Court, contains provisions applicable to both that court and the 202nd District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1012, § 3, eff. Sept. 1, 1997.
§ 24.382. 203RD JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 203rd Judicial District is composed of Dallas County.
(b) The 203rd District Court shall give preference to criminal cases.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.383. 204TH JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 204th Judicial District is composed of Dallas County.
(b) The 204th District Court shall give preference to criminal cases.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.384. 205TH JUDICIAL DISTRICT (CULBERSON, EL PASO, AND HUDSPETH COUNTIES). (a) The 205th Judicial District is composed of Culberson, El Paso, and Hudspeth counties.
(b) The 205th District Court shall give preference to criminal cases. (c) Section 24.136, relating to the 34th District Court, contains provisions applicable to both that court and the 205th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.385. 206TH JUDICIAL DISTRICT (HIDALGO COUNTY). (a) The 206th Judicial District is composed of Hidalgo County.
(b) All civil cases in the 206th District Court shall be assigned and docketed at random by the district clerk using an automated system.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 1352, § 2(d), eff. Sept. 1, 2005.
§ 24.386. 207TH JUDICIAL DISTRICT (CALDWELL, COMAL, AND HAYS COUNTIES). (a) The 207th Judicial District is composed of Caldwell, Comal, and Hays counties.
(b) The 207th District Court has the same jurisdiction in Comal County as the 22nd District Court has in Comal County and shall give preference to criminal cases in Caldwell, Comal, and Hays counties.
(c) Repealed by Acts 2003, 78th Leg., ch. 26, § 2, eff. Sept. 1, 2003. (d) The terms of the 207th District Court begin: (1) in Hays County on the first Mondays in February and August; (2) in Caldwell County on the first Mondays in March and September; and (3) in Comal County on the first Mondays in January and July. (e) Section 24.123, relating to the 22nd District Court, contains provisions applicable to both that court and the 207th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2003, 78th Leg., ch. 26, § 2, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 1352, § 3(a), eff. Sept. 1, 2005.
§ 24.387. 208TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 208th Judicial District is composed of Harris County.
(b) The 208th District Court shall give preference to criminal cases. (c) The terms of the 208th District Court begin on the first Mondays in February, May, August, and November. Each term continues until the court has disposed of the business for that term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.388. 209TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 209th Judicial District is composed of Harris County.
(b) The 209th District Court shall give preference to criminal cases. (c) The terms of the 209th District Court begin on the first Mondays in February, May, August, and November. Each term continues until the court has disposed of the business for that term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.389. 210TH JUDICIAL DISTRICT (EL PASO COUNTY). (a) The 210th Judicial District is composed of El Paso County.
(b) Section 24.136, relating to the 34th District Court, contains provisions applicable to both that court and the 210th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 704, § 19, eff. Sept. 1, 1995.
§ 24.390. 211TH JUDICIAL DISTRICT (DENTON COUNTY). The 211th Judicial District is composed of Denton County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.391. 212TH JUDICIAL DISTRICT (GALVESTON COUNTY). (a) The 212th Judicial District is composed of Galveston County.
(b) Section 24.111, relating to the 10th District Court, contains provisions applicable to both that court and the 212th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.392. 213TH JUDICIAL DISTRICT (TARRANT COUNTY). (a) The 213th Judicial District is composed of Tarrant County.
(b) The terms of the 213th District Court begin on the first Mondays in January, April, July, and October.
(c) In addition to other jurisdiction provided by law, the 213th District Court has concurrent original jurisdiction with the county criminal courts in Tarrant County over misdemeanor cases.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2003, 78th Leg., ch. 21, § 1, eff. Sept. 1, 2003.
§ 24.393. 214TH JUDICIAL DISTRICT (NUECES COUNTY). (a) The 214th Judicial District is composed of Nueces County.
(b) The 214th District Court shall give preference to criminal cases. (c) In addition to other jurisdiction provided by law, the 214th District Court has concurrent jurisdiction with the county courts at law in Nueces County to receive a guilty plea in a misdemeanor case pending in a county court at law in Nueces County and dispose of the case, regardless of whether the case is transferred to the district court. The judgment, order, or action of the district court is valid and binding as if the case were pending in the district court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 72, § 6, eff. May 17, 2005.
§ 24.394. 215TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 215th Judicial District is composed of Harris County.
(b) The 215th District Court shall give preference to civil matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.395. 217TH JUDICIAL DISTRICT (ANGELINA COUNTY). The 217th Judicial District is composed of Angelina County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.396. 218TH JUDICIAL DISTRICT (ATASCOSA, FRIO, KARNES, LASALLE, AND WILSON COUNTIES). (a) The 218th Judicial District is composed of Atascosa, Frio, Karnes, LaSalle, and Wilson counties.
(b) The judge of the 218th District Court may select grand jury commissioners and impanel grand juries in each county in the district but is not required to impanel a grand jury in any county except when he considers it necessary. The judge may alternate the impaneling of grand juries in each county with the judge of any other district court in that county, or the judges may by agreement determine which one of the courts will impanel the grand juries. Indictments within each county may be returned to any district court within that county. All grand and petit juries drawn for one district court in each county are interchangeable with any other district court in that county as if the jury had been drawn for the court in which it is used.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.397. 219TH JUDICIAL DISTRICT (COLLIN COUNTY). The 219th Judicial District is composed of Collin County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.398. 220TH JUDICIAL DISTRICT (BOSQUE, COMANCHE, AND HAMILTON COUNTIES). The 220th Judicial District is composed of Bosque, Comanche, and Hamilton counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.399. 221ST JUDICIAL DISTRICT (MONTGOMERY COUNTY). The 221st Judicial District is composed of Montgomery County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.400. 222ND JUDICIAL DISTRICT (DEAF SMITH AND OLDHAM COUNTIES). The 222nd Judicial District is composed of Deaf Smith and Oldham counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.401. 223RD JUDICIAL DISTRICT (GRAY COUNTY). The 223rd Judicial District is composed of Gray County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.402. 224TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 224th Judicial District is composed of Bexar County.
(b) The 224th District Court shall give preference to civil cases. (c) Section 24.139, relating to the 37th District Court, contains provisions applicable to all the district courts in Bexar County. To the extent that this subchapter is inconsistent with those provisions, Section 24.139 prevails.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.403. 225TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 225th Judicial District is composed of Bexar County.
(b) The 225th District Court shall give preference to civil cases and to cases and proceedings under Title 2 or 5, Family Code.
(c) Section 24.139, relating to the 37th District Court, contains provisions applicable to all the district courts in Bexar County. To the extent that this subchapter is inconsistent with those provisions, Section 24.139 prevails.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 507, § 1, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 165, § 7.25, eff. Sept. 1, 1997.
§ 24.404. 226TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 226th Judicial District is composed of Bexar County.
(b) The 226th District Court shall give preference to criminal cases. (c) Repealed by Acts 1997, 74th Leg., ch. 497, § 3, eff. Sept. 1, 1997. (d) Section 24.139, relating to the 37th District Court, contains provisions applicable to all the district courts in Bexar County. To the extent that this subchapter is inconsistent with those provisions, Section 24.139 prevails.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 497, § 3, eff. Sept. 1, 1997.
§ 24.405. 227TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 227th Judicial District is composed of Bexar County.
(b) The 227th District Court shall give preference to criminal cases. (c) Repealed by Acts 1997, 74th Leg., ch. 497, § 3, eff. Sept. 1, 1997. (d) Section 24.139, relating to the 37th District Court, contains provisions applicable to all the district courts in Bexar County. To the extent that this subchapter is inconsistent with those provisions, Section 24.139 prevails.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 497, § 3, eff. Sept. 1, 1997.
§ 24.406. 228TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 228th Judicial District is composed of Harris County.
(b) The 228th District Court shall give preference to criminal cases. (c) The terms of the 228th District Court begin on the first Mondays in February, May, August, and November. Each term continues until the court has disposed of the business for that term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.407. 230TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 230th Judicial District is composed of Harris County.
(b) The 230th District Court shall give preference to criminal cases. (c) The terms of the 230th District Court begin on the first Mondays in February, May, August, and November. Each term continues until the court has disposed of the business for that term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.408. 231ST JUDICIAL DISTRICT (TARRANT COUNTY). (a) The 231st Judicial District is composed of Tarrant County.
(b) The 231st District Court shall give preference to family law matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.409. 232ND JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 232nd Judicial District is composed of Harris County.
(b) The 232nd District Court shall give preference to criminal cases. (c) The terms of the 232nd District Court begin on the first Mondays in February, May, August, and November. Each term continues until the court has disposed of the business for that term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.410. 233RD JUDICIAL DISTRICT (TARRANT COUNTY). (a) The 233rd Judicial District is composed of Tarrant County.
(b) The 233rd District Court shall give preference to family law matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.411. 234TH JUDICIAL DISTRICT (HARRIS COUNTY). The 234th Judicial District is composed of Harris County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.412. 235TH JUDICIAL DISTRICT (COOKE COUNTY). The 235th Judicial District is composed of Cooke County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.413. 236TH JUDICIAL DISTRICT (TARRANT COUNTY). The 236th Judicial District is composed of Tarrant County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.414. 237TH JUDICIAL DISTRICT (LUBBOCK COUNTY). The 237th Judicial District is composed of Lubbock County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.415. 238TH JUDICIAL DISTRICT (MIDLAND COUNTY). The 238th Judicial District is composed of Midland County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.416. 239TH JUDICIAL DISTRICT (BRAZORIA COUNTY). The 239th Judicial District is composed of Brazoria County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.417. 240TH JUDICIAL DISTRICT (FORT BEND COUNTY). The 240th Judicial District is composed of Fort Bend County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.418. 241ST JUDICIAL DISTRICT (SMITH COUNTY). The 241st Judicial District is composed of Smith County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.419. 242ND JUDICIAL DISTRICT (CASTRO, HALE, AND SWISHER COUNTIES). The 242nd Judicial District is composed of Castro, Hale, and Swisher counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.420. 243RD JUDICIAL DISTRICT (EL PASO COUNTY). (a) The 243rd Judicial District is composed of El Paso County.
(b) Section 24.136, relating to the 34th District Court, contains provisions applicable to both that court and the 243rd District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.421. 244TH JUDICIAL DISTRICT (ECTOR COUNTY). The 244th Judicial District is composed of Ector County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.422. 245TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 245th Judicial District is composed of Harris County.
(b) The 245th District Court shall give preference to family law matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.423. 246TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 246th Judicial District is composed of Harris County.
(b) The 246th District Court shall give preference to family law matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.424. 247TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 247th Judicial District is composed of Harris County.
(b) The 247th District Court shall give preference to family law matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.425. 248TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 248th Judicial District is composed of Harris County.
(b) The 248th District Court shall give preference to criminal cases. (c) The terms of the 248th District Court begin on the first Mondays in February, May, August, and November. Each term continues until the court has disposed of the business for that term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.426. 249TH JUDICIAL DISTRICT (JOHNSON AND SOMERVELL COUNTIES). The 249th Judicial District is composed of Johnson and Somervell counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.427. 250TH JUDICIAL DISTRICT (TRAVIS COUNTY). The 250th Judicial District is composed of Travis County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.428. 251ST JUDICIAL DISTRICT (POTTER AND RANDALL COUNTIES). (a) The 251st Judicial District is composed of Potter and Randall counties.
(b) The 251st District Court may hear and determine, in any county in the district convenient for the court, all preliminary or interlocutory matters in which a jury may not be demanded, in any case pending in any county in the district regardless of whether the case was filed in the county in which the hearing is held. Unless there is an objection filed by a party to the suit, the 251st District Court may hear, in any county in the district convenient for the court, any nonjury case pending in any county in the district, including divorces, adoptions, default judgments, and matters in which citation was by publication, regardless of whether the case was filed in the county in which the hearing is held.
(c) Section 24.149, relating to the 47th District Court, contains provisions applicable to both that court and the 251st District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.429. 252ND JUDICIAL DISTRICT (JEFFERSON COUNTY). (a) The 252nd Judicial District is composed of Jefferson County.
(b) The 252nd District Court shall give preference to criminal cases. (c) The terms of the 252nd District Court begin on the first Mondays in January, April, July, and October. Each term continues until the term ends by operation of law or the court has disposed of the business for that term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.430. 253RD JUDICIAL DISTRICT (CHAMBERS AND LIBERTY COUNTIES). (a) The 253rd Judicial District is composed of Chambers and Liberty counties.
(b) The terms of the 253rd District Court begin in Liberty County on the first Mondays in April and October and in Chambers County on the first Mondays in June and December.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.431. 254TH JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 254th Judicial District is composed of Dallas County.
(b) The 254th District Court shall give preference to family law matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.432. 255TH JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 255th Judicial District is composed of Dallas County.
(b) The 255th District Court shall give preference to family law matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.433. 256TH JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 256th Judicial District is composed of Dallas County.
(b) The 256th District Court shall give preference to family law matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.434. 257TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 257th Judicial District is composed of Harris County.
(b) The 257th District Court shall give preference to family law matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.435. 258TH JUDICIAL DISTRICT (POLK, SAN JACINTO, AND TRINITY COUNTIES). (a) The 258th Judicial District is composed of Polk, San Jacinto, and Trinity counties.
(b) The 258th District Court has concurrent jurisdiction in Polk County with the county court over all misdemeanor cases over which the county court has jurisdiction under the constitution and laws of this state. Cases in the concurrent misdemeanor jurisdiction may be filed in either court, and all cases of concurrent misdemeanor jurisdiction may be transferred between the 258th District Court and the county court. A case may not be transferred from one court to another without the consent of the judge of the court to which it is transferred, and a case may not be transferred unless it is within the jurisdiction of the court to which it is transferred.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.436. 259TH JUDICIAL DISTRICT (JONES AND SHACKELFORD COUNTIES). (a) The 259th Judicial District is composed of Jones and Shackelford counties.
(b) In addition to the jurisdiction prescribed by the constitution and general laws of the state for district courts, the 259th District Court in Jones and Shackelford counties has all original and appellate civil and criminal jurisdiction normally exercised by county courts under the constitution and general laws of this state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.437. 260TH JUDICIAL DISTRICT (ORANGE COUNTY). The 260th Judicial District is composed of Orange County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.438. 261ST JUDICIAL DISTRICT (TRAVIS COUNTY). The 261st Judicial District is composed of Travis County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.439. 262ND JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 262nd Judicial District is composed of Harris County.
(b) The 262nd District Court shall give preference to criminal cases. (c) The terms of the 262nd District Court begin on the first Mondays in February, May, August, and November. Each term continues until the court has disposed of the business for that term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.440. 263RD JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 263rd Judicial District is composed of Harris County.
(b) The 263rd District Court shall give preference to criminal cases. (c) The terms of the 263rd District Court begin on the first Mondays in February, May, August, and November. Each term continues until the court has disposed of the business for that term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.441. 264TH JUDICIAL DISTRICT (BELL COUNTY). The 264th Judicial District is composed of Bell County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.442. 265TH JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 265th Judicial District is composed of Dallas County.
(b) The 265th District Court shall give preference to criminal cases.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.443. 266TH JUDICIAL DISTRICT (ERATH COUNTY). The 266th Judicial District is composed of Erath County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.444. 267TH JUDICIAL DISTRICT (CALHOUN, DEWITT, GOLIAD, JACKSON, REFUGIO, AND VICTORIA COUNTIES). The 267th Judicial District is composed of Calhoun, DeWitt, Goliad, Jackson, Refugio, and Victoria counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.445. 268TH JUDICIAL DISTRICT (FORT BEND COUNTY). The 268th Judicial District is composed of Fort Bend County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.446. 269TH JUDICIAL DISTRICT (HARRIS COUNTY). The 269th Judicial District is composed of Harris County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.447. 270TH JUDICIAL DISTRICT (HARRIS COUNTY). The 270th Judicial District is composed of Harris County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.448. 271ST JUDICIAL DISTRICT (JACK AND WISE COUNTIES). The 271st Judicial District is composed of Jack and Wise counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.449. 272ND JUDICIAL DISTRICT (BRAZOS COUNTY). (a) The 272nd Judicial District is composed of Brazos County.
(b) The 272nd District Court has concurrent jurisdiction with the statutory county courts of Brazos County in misdemeanor cases as well as the jurisdiction prescribed by general law for district courts.
(c) The terms of the 272nd District Court begin on the first Mondays in April and October.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 280, § 2, eff. Sept. 1, 2001.
§ 24.450. 273RD JUDICIAL DISTRICT (SABINE, SAN AUGUSTINE, AND SHELBY COUNTIES). (a) The 273rd Judicial District is composed of Sabine, San Augustine, and Shelby counties.
(b) The jurisdiction of the 273rd District Court is concurrent with the jurisdiction of the other district courts in Sabine, San Augustine, and Shelby counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.451. 274TH JUDICIAL DISTRICT (COMAL, GUADALUPE, AND HAYS COUNTIES). (a) The 274th Judicial District is composed of Comal, Guadalupe, and Hays counties.
(b) The terms of the 274th District Court begin on the second Tuesdays in February and August in Comal County, on the second Tuesdays in May and November in Guadalupe County, and on the second Tuesdays in June and December in Hays County.
(c) The 274th District Court has the same jurisdiction as the 22nd and the 207th district courts in Comal and Hays counties and concurrent jurisdiction with the 25th and Second 25th district courts in Guadalupe County.
(d) Section 24.123, relating to the 22nd District Court, contains provisions applicable to both that court and the 274th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2003, 78th Leg., ch. 26, § 1, eff. Sept. 1, 2003.
§ 24.452. 275TH JUDICIAL DISTRICT (HIDALGO COUNTY). (a) The 275th Judicial District is composed of Hidalgo County.
(b) All civil cases in the 275th District Court shall be assigned and docketed at random by the district clerk using an automated system.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 1352, § 2(e), eff. Sept. 1, 2005.
§ 24.453. 276TH JUDICIAL DISTRICT (CAMP, MARION, MORRIS, AND TITUS COUNTIES). (a) The 276th Judicial District is composed of Camp, Marion, Morris, and Titus counties.
(b) The terms of the 276th District Court begin: (1) in Marion County on the first Mondays in January, May, and July; (2) in Morris County on the first Mondays in February, March, and September;
(3) in Titus County on the first Mondays in April, June, and November; and
(4) in Camp County on the first Mondays in October and December. (c) The jurisdiction of the 276th District Court is concurrent with the jurisdiction of the 115th District Court in Marion County and with the 76th District Court in Camp, Morris, and Titus counties.
(d) The 276th District Court has concurrent jurisdiction with the county courts in Camp, Marion, and Morris counties over all matters of criminal jurisdiction, original and appellate, in cases over which the particular county court has jurisdiction under the constitution and laws of this state. In each of the counties, matters and proceedings in the concurrent jurisdiction may be transferred between the 276th District Court and the county court.
(e) Section 24.178, relating to the 76th District Court, has provisions applicable to both that court and the 276th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.454. 277TH JUDICIAL DISTRICT (WILLIAMSON COUNTY). (a) The 277th Judicial District is composed of Williamson County.
(b) The terms of the 277th District Court begin on the first Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 530, § 2, eff. June 15, 1991; Acts 1995, 74th Leg., ch. 363, § 1, eff. Aug. 28, 1995.
§ 24.455. 278TH JUDICIAL DISTRICT (GRIMES, LEON, MADISON, AND WALKER COUNTIES). The 278th Judicial District is composed of Grimes, Leon, Madison, and Walker counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.456. 279TH JUDICIAL DISTRICT (JEFFERSON COUNTY). (a) The 279th Judicial District is composed of Jefferson County.
(b) The 279th District Court shall give preference to family law matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.457. 280TH JUDICIAL DISTRICT (HARRIS COUNTY). The 280th Judicial District is composed of Harris County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.458. 281ST JUDICIAL DISTRICT (HARRIS COUNTY). The 281st Judicial District is composed of Harris County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.459. 282ND JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 282nd Judicial District is composed of Dallas County.
(b) The 282nd District Court shall give preference to criminal cases.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.460. 283RD JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 283rd Judicial District is composed of Dallas County.
(b) The 283rd District Court shall give preference to criminal cases.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.461. 284TH JUDICIAL DISTRICT (MONTGOMERY COUNTY). The 284th Judicial District is composed of Montgomery County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.462. 285TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 285th Judicial District is composed of Bexar County.
(b) The 285th District Court shall give preference to civil cases. (c) Section 24.139, relating to the 37th District Court, contains provisions applicable to all the district courts in Bexar County. To the extent that this subchapter is inconsistent with those provisions, Section 24.139 prevails.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.463. 286TH JUDICIAL DISTRICT (COCHRAN AND HOCKLEY COUNTIES). The 286th Judicial District is composed of Cochran and Hockley counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.464. 287TH JUDICIAL DISTRICT (BAILEY AND PARMER COUNTIES). (a) The 287th Judicial District is composed of Bailey and Parmer counties.
(b) The terms of the 287th District Court begin in Bailey County on the first Mondays in February and August and in Parmer County on the first Mondays in March and September.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.465. 288TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 288th Judicial District is composed of Bexar County.
(b) The 288th District Court shall give preference to civil cases. (c) Section 24.139, relating to the 37th District Court, contains provisions applicable to all the district courts in Bexar County. To the extent that this subchapter is inconsistent with those provisions, Section 24.139 prevails.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.466. 289TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 289th Judicial District is composed of Bexar County.
(b) The 289th District Court shall give primary preference to cases and proceedings under Title 2, 3, or 5, Family Code, and secondary preference to criminal cases.
(c) The terms of the 289th District Court begin on the first Mondays in January and July. Each term continues until the court has disposed of the business for that term.
(d) Section 24.139, relating to the 37th District Court, contains provisions applicable to all the district courts in Bexar County. To the extent that this subchapter is inconsistent with those provisions, Section 24.139 prevails.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.13(a), eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 165, § 7.26, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 497, § 2, eff. Sept. 1, 1997.
§ 24.467. 290TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 290th Judicial District is composed of Bexar County.
(b) The 290th District Court shall give preference to criminal cases. (c) Repealed by Acts 1997, 74th Leg., ch. 497, § 3, eff. Sept. 1, 1997. (d) Section 24.139, relating to the 37th District Court, contains provisions applicable to all the district courts in Bexar County. To the extent that this subchapter is inconsistent with those provisions, Section 24.139 prevails.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 497, § 3, eff. Sept. 1, 1997.
§ 24.468. 291ST JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 291st Judicial District is composed of Dallas County.
(b) The 291st District Court shall give preference to criminal cases.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.469. 292ND JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 292nd Judicial District is composed of Dallas County.
(b) The 292nd District Court shall give preference to criminal cases.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.470. 293RD JUDICIAL DISTRICT (DIMMIT, MAVERICK, AND ZAVALA COUNTIES). The 293rd Judicial District is composed of Dimmit, Maverick, and Zavala counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.471. 294TH JUDICIAL DISTRICT (VAN ZANDT COUNTY). (a) The 294th Judicial District is composed of Van Zandt County.
(b) The 294th District Court has concurrent jurisdiction with the county court in Van Zandt County over all matters of civil and criminal jurisdiction, original and appellate, in cases over which the county court has jurisdiction under the constitution and laws of this state. Matters and proceedings in the concurrent jurisdiction of the 294th District Court and the county court may be filed in either court and all cases of concurrent jurisdiction may be transferred between the 294th District Court and the county court. However, a case may not be transferred from one court to another without the consent of the judge of the court to which it is transferred, and a case may not be transferred unless it is within the jurisdiction of the court to which it is transferred.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1337, § 13, eff. Sept. 1, 1999.
§ 24.472. 295TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 295th Judicial District is composed of Harris County.
(b) The 295th District Court shall give preference to civil matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.473. 296TH JUDICIAL DISTRICT (COLLIN COUNTY). The 296th Judicial District is composed of Collin County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.474. 297TH JUDICIAL DISTRICT (TARRANT COUNTY). (a) The 297th Judicial District is composed of Tarrant County.
(b) The 297th District Court shall give preference to criminal cases. (c) The terms of the 297th District Court begin on the first Mondays in January, April, July, and October.
(d) In addition to other jurisdiction provided by law, the 297th District Court has concurrent original jurisdiction with the county criminal courts in Tarrant County over misdemeanor cases.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2003, 78th Leg., ch. 21, § 2, eff. Sept. 1, 2003.
§ 24.475. 298TH JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 298th Judicial District is composed of Dallas County.
(b) The 298th District Court shall give preference to civil matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.476. 299TH JUDICIAL DISTRICT (TRAVIS COUNTY). The 299th Judicial District is composed of Travis County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.477. 331ST JUDICIAL DISTRICT (TRAVIS COUNTY). The 331st Judicial District is composed of Travis County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.478. 332ND JUDICIAL DISTRICT (HIDALGO COUNTY). (a) The 332nd Judicial District is composed of Hidalgo County.
(b) All civil cases in the 332nd District Court shall be assigned and docketed at random by the district clerk using an automated system.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 1352, § 2(f), eff. Sept. 1, 2005.
§ 24.479. 333RD JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 333rd Judicial District is composed of Harris County.
(b) The 333rd District Court shall give preference to civil matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.480. 334TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 334th Judicial District is composed of Harris County.
(b) The 334th District Court shall give preference to civil matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.481. 335TH JUDICIAL DISTRICT (BASTROP, BURLESON, LEE, AND WASHINGTON COUNTIES). The 335th Judicial District is composed of Bastrop, Burleson, Lee, and Washington counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.482. 336TH JUDICIAL DISTRICT (FANNIN AND GRAYSON COUNTIES). (a) The 336th Judicial District is composed of Fannin and Grayson counties.
(b) Repealed by Acts 2005, 79th Leg., ch. 610, § 3.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.14(a), eff. Sept. 1, 1987; Acts 2005, 79th Leg., ch. 610, § 3, eff. Sept. 1, 2005.
§ 24.483. 337TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 337th Judicial District is composed of Harris County.
(b) The 337th District Court shall give preference to criminal cases. (c) The terms of the 337th District Court begin on the first Mondays in February, May, August, and November.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.484. 338TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 338th Judicial District is composed of Harris County.
(b) The 338th District Court shall give preference to criminal cases. (c) The terms of the 338th District Court begin on the first Mondays in February, May, August, and November.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.485. 339TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 339th Judicial District is composed of Harris County.
(b) The 339th District Court shall give preference to criminal cases. (c) The terms of the 339th District Court begin on the first Mondays in February, May, August, and November.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.486. 340TH JUDICIAL DISTRICT (TOM GREEN COUNTY). (a) The 340th Judicial District is composed of Tom Green County.
(b) The terms of the 340th District Court begin on the first Mondays in March and September.
(c) Indictments within Tom Green County issued by any district court in the county may be returned to the 340th District Court.
(d) Section 24.153, relating to the 51st District Court, contains provisions applicable to both that court and the 340th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.487. 341ST JUDICIAL DISTRICT (WEBB COUNTY). (a) The 341st Judicial District is composed of Webb County.
(b) The judge of the 341st District Court may select jury commissioners and impanel grand juries in Webb County. The judge of the 341st District Court may alternate the drawing of grand juries with the judge of any other district court in the county. By order entered on the minutes, for any term that the judge considers it necessary, the judge may order grand and petit juries to be drawn. The 341st District Court has concurrent jurisdiction with the 49th District Court in all tax suits and cases.
(c) The terms of the 341st District Court begin on the first Mondays in January, March, May, July, September, and November. Each term continues until the court disposes of its business.
(d) A criminal complaint may be presented to the grand jury of any district court in Webb County, and a resulting indictment may be returned to any other district court in Webb County with the appropriate criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 1352, § 1(b), eff. Sept. 1, 2005.
§ 24.488. 342ND JUDICIAL DISTRICT (TARRANT COUNTY). (a) The 342nd Judicial District is composed of Tarrant County.
(b) The 342nd District Court shall give preference to civil matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.489. 343RD JUDICIAL DISTRICT (ARANSAS, BEE, LIVE OAK, MCMULLEN, AND SAN PATRICIO COUNTIES). (a) The 343rd Judicial District is composed of Aransas, Bee, Live Oak, McMullen, and San Patricio counties.
(b) Section 24.138, relating to the 36th District Court, contains provisions applicable to both that court and the 343rd District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.490. 344TH JUDICIAL DISTRICT (CHAMBERS COUNTY). (a) The 344th Judicial District is composed of Chambers County.
(b) The terms of court of the 344th District Court begin on the first Mondays in June and December of each year.
(c) The 344th District Court has concurrent jurisdiction over all matters of civil and criminal jurisdiction, original and appellate, in cases over which the county court has jurisdiction under the constitution and laws of this state. Matters and proceedings in the concurrent jurisdiction of the 344th District Court and the county court shall be filed in the county court, and all cases of concurrent jurisdiction may be transferred between the 344th District Court and the county court. A case may not be transferred from one court to another without the consent of the judge of the court to which it is transferred, and a case may not be transferred unless it is within the jurisdiction of the court to which it is transferred.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.15(a), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 148, § 1, eff. May 25, 1989.
§ 24.491. 345TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a) The 345th Judicial District is composed of Travis County.
(b) The 345th District Court shall give preference to civil matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.492. 346TH JUDICIAL DISTRICT (EL PASO COUNTY). (a) The 346th Judicial District is composed of El Paso County.
(b) Section 24.136, relating to the 34th District Court, contains provisions applicable to both that court and the 346th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.493. 347TH JUDICIAL DISTRICT (NUECES COUNTY). (a) The 347th Judicial District is composed of Nueces County.
(b) In addition to other jurisdiction provided by law, the 347th District Court has concurrent jurisdiction with the county courts at law in Nueces County to receive a guilty plea in a misdemeanor case pending in a county court at law in Nueces County and dispose of the case, regardless of whether the case is transferred to the district court. The judgment, order, or action of the district court is valid and binding as if the case were pending in the district court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 72, § 7, eff. May 17, 2005.
§ 24.494. 348TH JUDICIAL DISTRICT (TARRANT COUNTY). (a) The 348th Judicial District is composed of Tarrant County.
(b) The 348th District Court shall give preference to civil matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.495. 349TH JUDICIAL DISTRICT (ANDERSON AND HOUSTON COUNTIES). The 349th Judicial District is composed of Anderson and Houston counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.496. 350TH JUDICIAL DISTRICT (TAYLOR COUNTY). The 350th Judicial District is composed of Taylor County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.497. 351ST JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 351st Judicial District is composed of Harris County.
(b) The 351st District Court shall give preference to criminal cases. (c) The terms of the 351st District Court begin on the first Mondays in February, May, August, and November.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.498. 352ND JUDICIAL DISTRICT (TARRANT COUNTY). (a) The 352nd Judicial District is composed of Tarrant County.
(b) The 352nd District Court shall give preference to civil matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.499. 353RD JUDICIAL DISTRICT (TRAVIS COUNTY). The 353rd Judicial District is composed of Travis County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.500. 354TH JUDICIAL DISTRICT (HUNT AND RAINS COUNTIES). (a) The 354th Judicial District is composed of Hunt and Rains counties.
(b) Section 24.108, relating to the 8th District Court, contains provisions applicable to both that court and the 354th District Court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 1124, § 4, eff. June 20, 1987; Acts 1995, 74th Leg., ch. 704, § 14, eff. Sept. 1, 1995.
§ 24.501. 355TH JUDICIAL DISTRICT (HOOD COUNTY). The 355th Judicial District is composed of Hood County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.502. 356TH JUDICIAL DISTRICT (HARDIN COUNTY). (a) The 356th Judicial District is composed of Hardin County.
(b) The 356th District Court has concurrent jurisdiction over all matters of civil and criminal jurisdiction, original and appellate, in cases over which the county court has jurisdiction under the constitution and laws of this state. Matters and proceedings in the concurrent jurisdiction of the 356th District Court and the county court may be filed in either court, and all cases of concurrent jurisdiction may be transferred between the 356th District Court and the county court. A case may not be transferred from one court to another without the consent of the judge of the court to which it is transferred, and a case may not be transferred unless it is within the jurisdiction of the court to which it is transferred.
(c) The terms of the 356th District Court begin on the first Mondays in April and October.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.503. 357TH JUDICIAL DISTRICT (CAMERON COUNTY). The 357th Judicial District is composed of Cameron County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 1352, § 5(d), eff. Sept. 1, 2005.
§ 24.504. 358TH JUDICIAL DISTRICT (ECTOR COUNTY). The 358th Judicial District is composed of Ector County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.505. 359TH JUDICIAL DISTRICT (MONTGOMERY COUNTY). The 359th Judicial District is composed of Montgomery County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.506. 361ST JUDICIAL DISTRICT (BRAZOS COUNTY). (a) The 361st Judicial District is composed of Brazos County.
(b) The 361st District Court has concurrent jurisdiction with the statutory county courts of Brazos County in misdemeanor cases as well as the jurisdiction prescribed by general law for district courts.
(c) The terms of the 361st District Court begin on the first Mondays in April and October.
Added by Acts 1987, 70th Leg., ch. 148, § 2.16, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 1124, § 1, eff. June 20, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 16.01(19), eff. Aug. 28, 1989; Acts 2001, 77th Leg., ch. 280, § 3, eff. Sept. 1, 2001.
§ 24.507. 362ND JUDICIAL DISTRICT (DENTON COUNTY). The 362nd Judicial District is composed of Denton County.
Added by Acts 1987, 70th Leg., ch. 148, § 2.17, eff. Sept. 1, 1987.
§ 24.508. 363RD JUDICIAL DISTRICT (DALLAS COUNTY). (a) The 363rd Judicial District is composed of Dallas County.
(b) The 363rd District Court shall give preference to criminal cases.
Added by Acts 1989, 71st Leg., ch. 632, § 1, eff. Aug. 28, 1989.
§ 24.509. 364TH JUDICIAL DISTRICT (LUBBOCK COUNTY). The 364th Judicial District is composed of Lubbock County.
Added by Acts 1989, 71st Leg., ch. 632, § 1, eff. Aug. 28, 1989.
§ 24.510. 365TH JUDICIAL DISTRICT (DIMMIT, MAVERICK, AND ZAVALA COUNTIES). The 365th Judicial District is composed of Dimmit, Maverick, and Zavala counties.
Added by Acts 1989, 71st Leg., ch. 632, § 1, eff. Aug. 28, 1989.
§ 24.511. 366TH JUDICIAL DISTRICT (COLLIN COUNTY). The 366th Judicial District is composed of Collin County.
Added by Acts 1989, 71st Leg., ch. 632, § 1, eff. Aug. 28, 1989.
§ 24.512. 367TH JUDICIAL DISTRICT (DENTON COUNTY). The 367th Judicial District is composed of Denton County.
Added by Acts 1989, 71st Leg., ch. 632, § 1, eff. Aug. 28, 1989.
§ 24.513. 368TH JUDICIAL DISTRICT (WILLIAMSON COUNTY). (a) The 368th Judicial District is composed of Williamson County.
(b) The terms of the 368th District Court begin on the first Mondays in January and July.
Added by Acts 1989, 71st Leg., ch. 632, § 1, eff. Aug. 28, 1989. Amended by Acts 1991, 72nd Leg., ch. 530, § 3, eff. June 15, 1991; Acts 1995, 74th Leg., ch. 363, § 1, eff. Aug. 28, 1995.
§ 24.514. 369TH JUDICIAL DISTRICT (ANDERSON AND CHEROKEE COUNTIES). The 369th Judicial District is composed of Anderson and Cherokee counties.
Added by Acts 1989, 71st Leg., ch. 632, § 1, eff. Aug. 28, 1989.
§ 24.515. 370TH JUDICIAL DISTRICT (HIDALGO COUNTY). (a) The 370th Judicial District is composed of Hidalgo County.
(b) All civil cases in the 370th District Court shall be assigned and docketed at random by the district clerk using an automated system.
Added by Acts 1989, 71st Leg., ch. 632, § 1, eff. Aug. 28, 1989. Amended by Acts 2005, 79th Leg., ch. 1352, § 2(g), eff. Sept. 1, 2005.
§ 24.516. 371ST JUDICIAL DISTRICT (TARRANT COUNTY). (a) The 371st Judicial District is composed of Tarrant County.
(b) The 371st District Court shall give preference to criminal cases. (c) In addition to other jurisdiction provided by law, the 371st District Court has concurrent original jurisdiction with the county criminal courts in Tarrant County over misdemeanor cases.
Added by Acts 1989, 71st Leg., ch. 632, § 2, eff. Sept. 1, 1990. Amended by Acts 2003, 78th Leg., ch. 21, § 3, eff. Sept. 1, 2003.
§ 24.517. 372ND JUDICIAL DISTRICT (TARRANT COUNTY). (a) The 372nd Judicial District is composed of Tarrant County.
(b) The 372nd District Court shall give preference to criminal cases. (c) In addition to other jurisdiction provided by law, the 372nd District Court has concurrent original jurisdiction with the county criminal courts in Tarrant County over misdemeanor cases.
Added by Acts 1989, 71st Leg., ch. 632, § 2, eff. Sept. 1, 1990. Amended by Acts 2003, 78th Leg., ch. 21, § 4, eff. Sept. 1, 2003.
§ 24.522. 377TH JUDICIAL DISTRICT (VICTORIA COUNTY). (a) The 377th Judicial District is composed of Victoria County.
(b) The 377th Judicial District shall give preference to criminal cases.
Added by Acts 1989, 71st Leg., ch. 632, § 4(a), eff. Aug. 28, 1989.
§ 24.523. 378TH JUDICIAL DISTRICT (ELLIS COUNTY). The 378th Judicial District is composed of Ellis County.
Added by Acts 1995, 74th Leg., ch. 704, § 11, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 457, § 1, eff. Sept. 1, 2001.
§ 24.524. 379TH JUDICIAL DISTRICT (BEXAR COUNTY). The 379th Judicial District is composed of Bexar County.
Added by Acts 1999, 76th Leg., ch. 1337, § 1, eff. Sept. 1, 1999.
§ 24.525. 380TH JUDICIAL DISTRICT (COLLIN COUNTY). (a) The 380th Judicial District is composed of Collin County.
(b) A judge of the 380th Judicial District may not be assigned under Chapter 74 to serve as a visiting judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland, Tarrant, or Travis County.
Added by Acts 1995, 74th Leg., ch. 704, § 12, eff. Sept. 1, 1996.
§ 24.526. 381ST JUDICIAL DISTRICT (STARR COUNTY). (a) The 381st Judicial District is composed of Starr County.
(b) A judge of the 381st Judicial District may not be assigned under Chapter 74 to serve as a visiting judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland, Tarrant, or Travis County.
Added by Acts 1995, 74th Leg., ch. 704, § 13, eff. Sept. 1, 1995.
§ 24.527. 382ND JUDICIAL DISTRICT (ROCKWALL COUNTY). (a) The 382nd Judicial District is composed of Rockwall County.
(b) A judge of the 382nd Judicial District may not be assigned under Chapter 74 to serve as a visiting judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland, Tarrant, or Travis County.
Added by Acts 1995, 74th Leg., ch. 704, § 15, eff. Sept. 1, 1995.
§ 24.528. 383RD JUDICIAL DISTRICT (EL PASO COUNTY). (a) The 383rd Judicial District is composed of El Paso County.
(b) A judge of the 383rd Judicial District may not be assigned under Chapter 74 to serve as a visiting judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland, Tarrant, or Travis County.
(c) The secretary of state shall submit the changes made to this section by H.B. 3235 of the 74th Legislature, Regular Session, to the U.S. Justice Department for preclearance under Section 5 of the federal Voting Rights Act of 1965 as amended (42 U.S.C. Section 1973 et seq.). The changes made to this section by H.B. 3235 of the 74th Legislature, Regular Session, become inoperative if the U.S. Justice Department files a timely objection pursuant to Section 5 of the Voting Rights Act of 1965 as amended.
Added by Acts 1995, 74th Leg., ch. 704, § 16, eff. Sept. 1, 1995.
§ 24.529. 384TH JUDICIAL DISTRICT (EL PASO COUNTY). (a) The 384th Judicial District is composed of El Paso County.
(b) A judge of the 384th Judicial District may not be assigned under Chapter 74 to serve as a visiting judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland, Tarrant, or Travis County.
(c) The secretary of state shall submit the changes made to this section by H.B. 3235 of the 74th Legislature, Regular Session, to the U.S. Justice Department for preclearance under Section 5 of the federal Voting Rights Act of 1965 as amended (42 U.S.C. Section 1973 et seq.). The changes made to this section by H.B. 3235 of the 74th Legislature, Regular Session, become inoperative if the U.S. Justice Department files a timely objection pursuant to Section 5 of the Voting Rights Act of 1965 as amended.
Added by Acts 1995, 74th Leg., ch. 704, § 16, eff. Sept. 1, 1995.
§ 24.530. 385TH JUDICIAL DISTRICT (MIDLAND COUNTY). The 385th Judicial District is composed of Midland County.
Added by Acts 1993, 73rd Leg., ch. 1032, § 1, eff. Jan. 1, 1995.
§ 24.531. 386TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 386th Judicial District is composed of Bexar County.
(b) The 386th District Court shall give preference to juvenile matters.
Added by Acts 1999, 76th Leg., ch. 1337, § 1, eff. Sept. 1, 1999.
§ 24.532. 387TH JUDICIAL DISTRICT (FORT BEND COUNTY). (a) The 387th Judicial District is composed of Fort Bend County.
(b) The 387th District Court shall give preference to family law matters.
Added by Acts 1999, 76th Leg., ch. 1337, § 2(a), eff. Sept. 1, 1999.
§ 24.533. 388TH JUDICIAL DISTRICT (EL PASO COUNTY). (a) The 388th Judicial District is composed of El Paso County.
(b) The 388th District Court shall give preference to family law matters.
Added by Acts 1999, 76th Leg., ch. 1337, § 1, eff. Sept. 1, 1999.
§ 24.534. 389TH JUDICIAL DISTRICT (HIDALGO COUNTY). (a) The 389th Judicial District is composed of Hidalgo County.
(b) The 389th District Court shall give preference to criminal matters. (c) All civil cases in the 389th District Court shall be assigned and docketed at random by the district clerk using an automated system.
Added by Acts 1999, 76th Leg., ch. 1337, § 3, eff. Sept. 1, 1999. Amended by Acts 2005, 79th Leg., ch. 1352, § 2(h), eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 1352, § 4(b), eff. Jan. 1, 2007.
§ 24.535. 390TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a) The 390th Judicial District is composed of Travis County.
(b) The 390th District Court shall give preference to criminal matters.
Added by Acts 1999, 76th Leg., ch. 1337, § 5, eff. Oct. 1, 1999.
§ 24.536. 391ST JUDICIAL DISTRICT (TOM GREEN COUNTY). (a) The 391st Judicial District is composed of Tom Green County.
(b) The terms of the 391st District Court begin on the first Mondays in March and September.
(c) Indictments within Tom Green County issued by any district court in the county may be returned to the 391st District Court.
(d) Section 24.153, relating to the 51st District Court, contains provisions applicable to both that court and the 391st District Court.
Added by Acts 1999, 76th Leg., ch. 1337, § 5, eff. Oct. 1, 1999.
§ 24.537. 392ND JUDICIAL DISTRICT (HENDERSON COUNTY). (a) The 392nd Judicial District is composed of Henderson County.
(b) A judge of the 392nd Judicial District may not be assigned under Chapter 74 to serve as a visiting judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland, Tarrant, or Travis County.
Added by Acts 1995, 74th Leg., ch. 704, § 3, eff. Jan. 1, 1997.
§ 24.538. 393RD JUDICIAL DISTRICT (DENTON COUNTY). (a) The 393rd Judicial District is composed of Denton County.
(b) The 393rd District Court shall give preference to family law matters.
Added by Acts 1999, 76th Leg., ch. 1337, § 7, eff. Jan. 1, 2000.
§ 24.539. 394TH JUDICIAL DISTRICT (BREWSTER, CULBERSON, HUDSPETH, JEFF DAVIS, AND PRESIDIO COUNTIES). (a) The 394th Judicial District is composed of Brewster, Culberson, Hudspeth, Jeff Davis, and Presidio counties.
(b) The terms of the 394th District Court begin: (1) in Brewster County on the first Monday in March and the third Monday in September;
(2) in Culberson County on the third Monday in October and the first Monday in April;
(3) in Hudspeth County on the third Monday in March and the first Monday in September;
(4) in Jeff Davis County on the second Mondays in January and July; and (5) in Presidio County on the third Monday after the first Mondays in January and July.
(c) Repealed by Acts 2001, 77th Leg., ch. 780, § 1, eff. Sept. 1, 2001.
Added by Acts 1995, 74th Leg., ch. 704, § 20, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 780, § 1, eff. Sept. 1, 2001.
§ 24.540. 395TH JUDICIAL DISTRICT (WILLIAMSON COUNTY). The 395th Judicial District is composed of Williamson County.
Added by Acts 1999, 76th Leg., ch. 1337, § 7, eff. Jan. 1, 2000.
§ 24.541. 396TH JUDICIAL DISTRICT (TARRANT COUNTY). (a) The 396th Judicial District is composed of Tarrant County.
(b) The 396th District Court shall give preference to criminal matters. (c) In addition to other jurisdiction provided by law, the 396th District Court has concurrent original jurisdiction with the county criminal courts and the justice courts in Tarrant County over misdemeanor cases.
Added by Acts 1999, 76th Leg., ch. 1337, § 7, eff. Jan. 1, 2000. Amended by Acts 2003, 78th Leg., ch. 21, § 5, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 75, § 1, eff. Sept. 1, 2005.
§ 24.543. 398TH JUDICIAL DISTRICT (HIDALGO COUNTY). (a) The 398th Judicial District is composed of Hidalgo County.
(b) The 398th District Court shall give preference to family violence and criminal matters.
(c) All civil cases in the 398th District Court shall be assigned and docketed at random by the district clerk using an automated system.
Added by Acts 1999, 76th Leg., ch. 1337, § 4(a), eff. Sept. 1, 1999. Amended by Acts 2005, 79th Leg., ch. 1352, § 2(i), eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 1352, § 4(b), eff. Jan. 1, 2007.
§ 24.544. 399TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 399th Judicial District is composed of Bexar County.
(b) The 399th District Court shall give preference to criminal matters.
Added by Acts 1999, 76th Leg., ch. 1337, § 9, eff. Sept. 1, 2000.
§ 24.545. 400TH JUDICIAL DISTRICT (FORT BEND COUNTY). The 400th Judicial District is composed of Fort Bend County.
Added by Acts 1999, 76th Leg., ch. 1337, § 11(a), eff. Sept. 1, 2000.
§ 24.546. 401ST JUDICIAL DISTRICT (COLLIN COUNTY). The 401st Judicial District is composed of Collin County.
Added by Acts 1999, 76th Leg., ch. 1337, § 9, eff. Sept. 1, 2000.
§ 24.547. 402ND JUDICIAL DISTRICT (WOOD COUNTY). (a) The 402nd Judicial District is composed of Wood County.
(b) The 402nd District Court has concurrent jurisdiction with the county court in Wood County over all matters of civil and criminal jurisdiction, original and appellate, in cases over which the county court has jurisdiction under the constitution and laws of this state. Matters and proceedings in the concurrent jurisdiction of the 402nd District Court and the county court may be filed in either court and all cases of concurrent jurisdiction may be transferred between the 402nd District Court and the county court. However, a case may not be transferred from one court to another without the consent of the judge of the court to which it is transferred, and a case may not be transferred unless it is within the jurisdiction of the court to which it is transferred.
Added by Acts 1999, 76th Leg., ch. 1337, § 10, eff. Sept. 1, 1999.
§ 24.548. 403RD JUDICIAL DISTRICT (TRAVIS COUNTY). (a) The 403rd Judicial District is composed of Travis County.
(b) The 403rd District Court shall give preference to criminal matters.
Added by Acts 1999, 76th Leg., ch. 1337, § 14, eff. Dec. 1, 2000.
§ 24.549. 404TH JUDICIAL DISTRICT (CAMERON COUNTY ). The 404th Judicial District is composed of Cameron County.
Added by Acts 1999, 76th Leg., ch. 1337, § 15, eff. Jan. 1, 2001. Amended by Acts 2001, 77th Leg., ch. 810, § 1, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 1352, § 5(e), eff. Sept. 1, 2005.
§ 24.550. 405TH JUDICIAL DISTRICT (GALVESTON COUNTY). The 405th Judicial District is composed of Galveston County.
Added by Acts 1999, 76th Leg., ch. 1337, § 15, eff. Jan. 1, 2001.
§ 24.551. 406TH JUDICIAL DISTRICT (WEBB COUNTY). (a) The 406th Judicial District is composed of Webb County.
(b) The 406th District Court shall give preference to cases involving family violence, cases under the Family Code, and cases under the Health and Safety Code.
(c) The 406th District Court has concurrent jurisdiction with the other district courts in Webb County.
(d) In addition to other jurisdiction provided by law, the 406th District Court has the:
(1) criminal jurisdiction of a county court; and (2) civil jurisdiction of a county court in all cases under the Family Code or the Health and Safety Code.
(e) The terms of the 406th District Court begin on the first Mondays in January, April, July, and October. Each term continues until the court disposes of its business.
(f) A criminal complaint may be presented to the grand jury of any district court in Webb County, and a resulting indictment may be returned to any other district court in Webb County with the appropriate criminal jurisdiction.
Added by Acts 1999, 76th Leg., ch. 1337, § 15, eff. Jan. 1, 2001. Amended by Acts 2005, 79th Leg., ch. 1352, § 1(c), eff. Sept. 1, 2005.
§ 24.552. 407TH JUDICIAL DISTRICT (BEXAR COUNTY). The 407th Judicial District is composed of Bexar County.
Added by Acts 1999, 76th Leg., ch. 1337, § 16, eff. Sept. 1, 2000.
§ 24.553. 411TH JUDICIAL DISTRICT (POLK, SAN JACINTO, AND TRINITY COUNTIES). (a) The 411th Judicial District is composed of Polk, San Jacinto, and Trinity counties.
(b) A judge of the 411th Judicial District may not be assigned under Chapter 74 to serve as a visiting judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland, Tarrant, or Travis County.
Added by Acts 1995, 74th Leg., ch. 704, § 4, eff. Jan. 1, 1997.
§ 24.554. 408TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The 408th Judicial District is composed of Bexar County.
(b) The 408th District Court shall give preference to civil matters.
Added by Acts 1999, 76th Leg., ch. 1337, § 8, eff. Jan. 1, 2000.
§ 24.555. 409TH JUDICIAL DISTRICT (EL PASO COUNTY). The 409th Judicial District is composed of El Paso County.
Added by Acts 1999, 76th Leg., ch. 1337, § 9, eff. Sept. 1, 2000.
§ 24.556. 412TH JUDICIAL DISTRICT (BRAZORIA COUNTY). The 412th Judicial District is composed of Brazoria County.
Added by Acts 2005, 79th Leg., ch. 1352, § 6(a), eff. Sept. 1, 2005.
§ 24.557. 413TH JUDICIAL DISTRICT (JOHNSON COUNTY). The 413th Judicial District is composed of Johnson County.
Added by Acts 2003, 78th Leg., ch. 1306, § 1, eff. Sept. 1, 2003.
§ 24.558. 414TH JUDICIAL DISTRICT (MCLENNAN COUNTY). The 414th Judicial District is composed of McLennan County.
Added by Acts 2003, 78th Leg., ch. 1306, § 2, eff. Sept. 1, 2005.
§ 24.559. 415TH JUDICIAL DISTRICT (PARKER COUNTY). The 415th Judicial District is composed of Parker County.
Added by Acts 2003, 78th Leg., ch. 1306, § 3(a), eff. Jan. 15, 2004.
§ 24.560. 416TH JUDICIAL DISTRICT (COLLIN COUNTY). The 416th Judicial District is composed of Collin County.
Added by Acts 2003, 78th Leg., ch. 1306, § 4, eff. Sept. 1, 2003.
§ 24.561. 417TH JUDICIAL DISTRICT (COLLIN COUNTY). (a) The 417th Judicial District is composed of Collin County.
(b) The 417th District Court shall give preference to juvenile matters.
Added by Acts 2003, 78th Leg., ch. 1306, § 5, eff. Sept. 15, 2004.
§ 24.563. 419TH JUDICIAL DISTRICT (TRAVIS COUNTY). The 419th Judicial District is composed of Travis County.
Added by Acts 2003, 78th Leg., ch. 1306, § 6, eff. Sept. 1, 2005.
§ 24.564. 420TH JUDICIAL DISTRICT (NACOGDOCHES COUNTY). The 420th Judicial District is composed of Nacogdoches County.
Added by Acts 2003, 78th Leg., ch. 1306, § 7, eff. Jan. 15, 2004.
§ 24.565. 421ST JUDICIAL DISTRICT (CALDWELL COUNTY). The 421st Judicial District is composed of Caldwell County.
Added by Acts 2003, 78th Leg., ch. 1306, § 8, eff. Jan. 15, 2004.
§ 24.566. 422ND JUDICIAL DISTRICT (KAUFMAN COUNTY). The 422nd Judicial District is composed of Kaufman County.
Added by Acts 2003, 78th Leg., ch. 1306, § 9, eff. Jan. 15, 2004.
§ 24.568. 424TH JUDICIAL DISTRICT (BLANCO, BURNET, LLANO, AND SAN SABA COUNTIES). (a) The 424th Judicial District is composed of Blanco, Burnet, Llano, and San Saba Counties.
(b) The jurisdiction of the 424th District Court is concurrent with the jurisdiction of the 33rd District Court.
(c) The 424th District Court has the same terms of court as the 33rd District Court.
(d) The judge of the 424th District Court may select jury commissioners and impanel grand juries in each county. The judge of the 424th District Court may alternate the drawing of grand juries with the judge of any other district court in each county within the 424th Judicial District and may order grand and petit juries to be drawn for any term of the court as the judge determines is necessary, by an order entered in the minutes of the court. Indictments within each county may be returned to either court within that county.
(e) The 424th District Court may hear and determine, in any county in the district convenient for the court, all preliminary or interlocutory matters in which a jury may not be demanded, in any case pending in any county in the district regardless of whether the case was filed in the county in which the hearing is held. Unless an objection is filed by a party to the suit, the 424th District Court may hear, in any county in the district convenient for the court, any nonjury case pending in any county in the district, including divorces, adoptions, default judgments, and matters in which citation was by publication, regardless of whether the case was filed in the county in which the hearing is held.
Added by Acts 2005, 79th Leg., ch. 1352, § 15(a), eff. Sept. 1, 2005.
§ 24.569. 425TH JUDICIAL DISTRICT (WILLIAMSON COUNTY).
Text of section effective January 1, 2007
The 425th Judicial District is composed of Williamson County.
Added by Acts 2005, 79th Leg., ch. 1352, § 7(a), eff. Jan. 1, 2007.
§ 24.570. 426TH JUDICIAL DISTRICT (BELL COUNTY).
Text of section effective January 1, 2007
(a) The 426th Judicial District is composed of Bell County. (b) The terms of the 426th 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 426th District Court.
Added by Acts 2005, 79th Leg., ch. 1352, § 8(a), eff. Jan. 1, 2007.
§ 24.571. 427TH JUDICIAL DISTRICT (TRAVIS COUNTY).
Text of section effective January 1, 2007
(a) The 427th Judicial District is composed of Travis County. (b) The 427th Judicial District shall give preference to criminal matters.
Added by Acts 2005, 79th Leg., ch. 1352, § 9(a), eff. Jan. 1, 2007.
§ 24.572. 428TH JUDICIAL DISTRICT (HAYS COUNTY). The 428th Judicial District is composed of Hays County.
Added by Acts 2005, 79th Leg., ch. 1352, § 10(a), eff. Sept. 1, 2005.
§ 24.574. 430TH JUDICIAL DISTRICT (HIDALGO COUNTY).
Text of section effective January 1, 2007
(a) The 430th Judicial District is composed of Hidalgo County. (b) The 430th District Court shall give preference to family violence and criminal matters.
(c) All civil cases in the 430th District Court shall be assigned and docketed at random by the district clerk using an automated system.
Added by Acts 2005, 79th Leg., ch. 1352, § 4(a), eff. Jan. 1, 2007.
§ 24.577. 433RD JUDICIAL DISTRICT (COMAL COUNTY).
Text of section effective January 1, 2007
The 433rd Judicial District is composed of Comal County.
Added by Acts 2005, 79th Leg., ch. 1352, § 11(a), eff. Jan. 1, 2007.
§ 24.578. 434TH JUDICIAL DISTRICT (FORT BEND COUNTY).
Text of section effective January 1, 2007
The 434th Judicial District is composed of Fort Bend County.
Added by Acts 2005, 79th Leg., ch. 1352, § 12(a), eff. Jan. 1, 2007.
SUBCHAPTER D. FAMILY DISTRICT COURTS
§ 24.601. JURISDICTION. (a) A family district court has the jurisdiction and power provided for district courts by the constitution and laws of this state. Its jurisdiction is concurrent with that of other district courts in the county in which it is located.
(b) A family district court has primary responsibility for cases involving family law matters. These matters include:
(1) adoptions; (2) birth records; (3) divorce and marriage annulment; (4) child welfare, custody, support and reciprocal support, dependency, neglect, and delinquency;
(5) parent and child; and (6) husband and wife. (c) This subchapter does not limit the jurisdiction of other district courts nor relieve them of responsibility for handling cases involving family law matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.602. TERMS. The terms of a family district court begin on the first Monday in January and the first Monday in July.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.603. JUDGE. (a) A family district court judge's qualifications and term of office are the same as those prescribed by the constitution and laws of this state for district judges. A family district court judge is elected in the same manner as a district judge.
(b) A family district court judge is entitled to the same compensation and allowances provided by the state and county for the other district judges in his county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.604. APPOINTMENT OF RETIRED JUDGE TO SIT FOR REGULAR JUDGE. (a) If the regular judge of a family district court is absent or is for any cause disabled or disqualified from presiding, a retired judge of a special juvenile court or a domestic relations court may be appointed by the presiding judge of the administrative judicial region in which the appointed judge resides to sit for the absent, disabled, or disqualified judge of a family district court within the geographic limits of the respective administrative judicial region. To be eligible for the appointment, the retired judge must have voluntarily retired from office and must certify his willingness to serve.
(b) When the docket of a family district court becomes so excessive that the presiding judge of the administrative judicial region in which that court is located considers it an emergency, a retired judge of a special juvenile court or a domestic relations court residing within the geographic limits of the respective administrative judicial region, who meets the qualifications set out in Subsection (a), may be appointed by the presiding judge to sit for the regular judge as long as the emergency exists.
(c) A presiding judge may, with the consent of a retired judge of a special juvenile court or a domestic relations court within his district, make an assignment outside his judicial district with the specific authorization of the presiding judge of the district in which that assignment is made.
(d) A retired judge appointed to sit for a regular judge under this section shall execute the bond and take the oath of office that is required by law for the regular judge for whom he is sitting.
(e) A retired judge appointed under this section has all the power and jurisdiction of the court and the regular judge for whom he is sitting and may sign orders, judgments, decrees, or other process of any kind as presiding judge when acting for the regular judge.
(f) A retired judge appointed to sit for the regular judge under this section shall receive for the services actually performed the same salary that the regular judge is entitled to receive for those services. The amount to be paid for the services shall be paid in the same manner as the regular judge is paid on certification by the presiding judge of the administrative judicial region that the retired judge has rendered the services and is entitled to receive the salary. The payment shall be made from the item in the judiciary section, comptroller's department, of the appropriations act providing for payment of salaries of district judges and criminal district judges. This section does not entitle the retired judge of a special juvenile court or a domestic relations court to participate in the Judicial Retirement System of Texas Plan One or the Judicial Retirement System of Texas Plan Two. None of the salary paid to a retired judge sitting for the regular judge may be deducted or paid out of the salary of the regular judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.18(a), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, § 8.44(3), eff. Aug. 28, 1989.
§ 24.605. COURT OFFICIALS, PERSONNEL, AND FACILITIES. (a) The prosecuting attorney, the sheriff, and the district clerk shall serve each family district court in their county in the same manner they serve the district courts of their county.
(b) The commissioners court of the county in which a family district court is located shall provide the physical facilities and the deputy clerks, bailiffs, and other personnel necessary to operate the family district court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.606. COUNTY JUVENILE BOARD. When a family district court is created in a county, the county's juvenile board composition and the additional compensation of the board members is as provided by Article 5139.2, Revised Statutes.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.607. COURT STYLE. A district court for a judicial district listed in this chapter is a family district court and may be called the "Family District Court for the (number of district) Judicial District."
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.608. 300TH JUDICIAL DISTRICT (BRAZORIA COUNTY). The 300th Judicial District is composed of Brazoria County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.609. 301ST JUDICIAL DISTRICT (DALLAS COUNTY). The 301st Judicial District is composed of Dallas County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.610. 302ND JUDICIAL DISTRICT (DALLAS COUNTY). The 302nd Judicial District is composed of Dallas County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.611. 303RD JUDICIAL DISTRICT (DALLAS COUNTY). The 303rd Judicial District is composed of Dallas County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.612. 304TH JUDICIAL DISTRICT (DALLAS COUNTY). The 304th Judicial District is composed of Dallas County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.613. 305TH JUDICIAL DISTRICT (DALLAS COUNTY). The 305th Judicial District is composed of Dallas County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.614. 306TH JUDICIAL DISTRICT (GALVESTON COUNTY). (a) The 306th Judicial District is composed of Galveston County.
(b) All juvenile matters and proceedings in Galveston County shall be filed originally with the district clerk on the docket of the 306th District Court.
(c), (d) Repealed by Acts 2001, 77th Leg., ch. 635, § 3(2), eff. Sept. 1, 2001.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 635, § 3(2), eff. Sept. 1, 2001.
§ 24.615. 307TH JUDICIAL DISTRICT (GREGG COUNTY). The 307th Judicial District is composed of Gregg County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.616. 308TH JUDICIAL DISTRICT (HARRIS COUNTY). The 308th Judicial District is composed of Harris County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.617. 309TH JUDICIAL DISTRICT (HARRIS COUNTY). The 309th Judicial District is composed of Harris County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.618. 310TH JUDICIAL DISTRICT (HARRIS COUNTY). The 310th Judicial District is composed of Harris County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.619. 311TH JUDICIAL DISTRICT (HARRIS COUNTY). The 311th Judicial District is composed of Harris County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.620. 312TH JUDICIAL DISTRICT (HARRIS COUNTY). The 312th Judicial District is composed of Harris County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.621. 313TH JUDICIAL DISTRICT (HARRIS COUNTY). The 313th Judicial District is composed of Harris County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.622. 314TH JUDICIAL DISTRICT (HARRIS COUNTY). The 314th Judicial District is composed of Harris County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.623. 315TH JUDICIAL DISTRICT (HARRIS COUNTY). The 315th Judicial District is composed of Harris County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.624. 316TH JUDICIAL DISTRICT (HUTCHINSON COUNTY). The 316th Judicial District is composed of Hutchinson County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.625. 317TH JUDICIAL DISTRICT (JEFFERSON COUNTY). The 317th Judicial District is composed of Jefferson County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.626. 318TH JUDICIAL DISTRICT (MIDLAND COUNTY). The 318th Judicial District is composed of Midland County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.627. 319TH JUDICIAL DISTRICT (NUECES COUNTY). (a) The 319th Judicial District is composed of Nueces County.
(b) The terms of the 319th District Court begin on the first Mondays in April and in October.
(c) In addition to other jurisdiction provided by law, the 319th District Court has concurrent jurisdiction with the county courts at law in Nueces County to receive a guilty plea in a misdemeanor case pending in a county court at law in Nueces County and dispose of the case, regardless of whether the case is transferred to the district court. The judgment, order, or action of the district court is valid and binding as if the case were pending in the district court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 286, § 1, eff. Aug. 28, 1995; Acts 2005, 79th Leg., ch. 72, § 8, eff. May 17, 2005.
§ 24.628. 320TH JUDICIAL DISTRICT (POTTER COUNTY). The 320th Judicial District is composed of Potter County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.629. 321ST JUDICIAL DISTRICT (SMITH COUNTY). The 321st Judicial District is composed of Smith County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.630. 322ND JUDICIAL DISTRICT (TARRANT COUNTY). The 322nd Judicial District is composed of Tarrant County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.631. 323RD JUDICIAL DISTRICT (TARRANT COUNTY). The 323rd Judicial District is composed of Tarrant County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.632. 324TH JUDICIAL DISTRICT (TARRANT COUNTY). The 324th Judicial District is composed of Tarrant County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.633. 325TH JUDICIAL DISTRICT (TARRANT COUNTY). The 325th Judicial District is composed of Tarrant County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.634. 326TH JUDICIAL DISTRICT (TAYLOR COUNTY). The 326th Judicial District is composed of Taylor County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.635. 65TH JUDICIAL DISTRICT (EL PASO COUNTY). The 65th Judicial District is composed of El Paso County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 317, § 3, eff. Sept. 1, 1996.
§ 24.636. 328TH JUDICIAL DISTRICT (FORT BEND COUNTY). The 328th Judicial District is composed of Fort Bend County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.637. 329TH JUDICIAL DISTRICT (WHARTON COUNTY). (a) The 329th Judicial District is composed of Wharton County.
(b) Section 24.124, relating to the 23rd District Court, contains provisions applicable to both that court and the Family District Court for the 329th Judicial District.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 196, § 2, eff. Sept. 1, 1991.
§ 24.638. 330TH JUDICIAL DISTRICT (DALLAS COUNTY). The 330th Judicial District is composed of Dallas County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.639. 360TH JUDICIAL DISTRICT (TARRANT COUNTY). The 360th Judicial District is composed of Tarrant County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER E. CRIMINAL DISTRICT COURTS
§ 24.901. CRIMINAL JUDICIAL DISTRICT OF DALLAS COUNTY. (a) The Criminal Judicial District of Dallas County is composed of Dallas County.
(b) The terms of the criminal district court begin on the first Mondays in January, April, July, and October.
(c) The criminal district courts in Dallas County have concurrent original misdemeanor jurisdiction with the county courts in Dallas County that have criminal jurisdiction.
(d) Section 24.115, relating to the 14th District Court, contains provisions applicable to both that court and the Criminal District Court of Dallas County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.902. DALLAS COUNTY CRIMINAL JUDICIAL DISTRICT NO. 2. (a) The Dallas County Criminal Judicial District No. 2 is composed of Dallas County.
(b) The terms of the criminal district court no. 2 begin on the first Mondays in January, April, July, and October.
(c) Section 24.901, relating to the Criminal District Court of Dallas County, contains provisions applicable to both that court and the Dallas County Criminal District Court No. 2.
(d) Section 24.115, relating to the 14th District Court, contains provisions applicable to both that court and the Dallas County Criminal District Court No. 2.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.903. DALLAS COUNTY CRIMINAL JUDICIAL DISTRICT NO. 3. (a) The Dallas County Criminal Judicial District No. 3 is composed of Dallas County.
(b) The terms of the criminal district court no. 3 begin on the first Mondays in January, April, July, and October.
(c) Section 24.901, relating to the Criminal District Court of Dallas County, contains provisions applicable to both that court and the Dallas County Criminal District Court No. 3.
(d) Section 24.115, relating to the 14th District Court, contains provisions applicable to both that court and the Dallas County Criminal District Court No. 3.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.904. DALLAS COUNTY CRIMINAL JUDICIAL DISTRICT NO. 4. (a) The Dallas County Criminal Judicial District No. 4 is composed of Dallas County.
(b) The terms of the criminal district court no. 4 begin on the first Mondays in January, April, July, and October.
(c) Section 24.901, relating to the Criminal District Court of Dallas County, contains provisions applicable to both that court and the Dallas County Criminal District Court No. 4.
(d) Section 24.115, relating to the 14th District Court, contains provisions applicable to both that court and the Dallas County Criminal District Court No. 4.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.905. DALLAS COUNTY CRIMINAL JUDICIAL DISTRICT NO. 5. (a) The Dallas County Criminal Judicial District No. 5 is composed of Dallas County.
(b) The terms of the criminal district court no. 5 begin on the first Mondays in January, April, July, and October.
(c) Section 24.901, relating to the Criminal District Court of Dallas County, contains provisions applicable to both that court and the Dallas County Criminal District Court No. 5.
(d) Section 24.115, relating to the 14th District Court, contains provisions applicable to both that court and the Dallas County Criminal District Court No. 5.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.906. DALLAS COUNTY CRIMINAL JUDICIAL DISTRICT NO. 6. (a) The Dallas County Criminal Judicial District No. 6 is composed of Dallas County.
(b) The terms of the criminal district court no. 6 begin on the first Mondays in January, April, July, and October.
(c) Section 24.901, relating to the Criminal District Court of Dallas County, contains provisions applicable to both that court and the Dallas County Criminal District Court No. 6.
(d) Section 24.115, relating to the 14th District Court, contains provisions applicable to both that court and the Dallas County Criminal District Court No. 6.
Added by Acts 2005, 79th Leg., ch. 1352, § 13(b), eff. Sept. 1, 2005.
§ 24.907. DALLAS COUNTY CRIMINAL JUDICIAL DISTRICT NO. 7. (a) The Dallas County Criminal Judicial District No. 7 is composed of Dallas County.
(b) The terms of the criminal district court no. 7 begin on the first Mondays in January, April, July, and October.
(c) Section 24.901, relating to the Criminal District Court of Dallas County, contains provisions applicable to both that court and the Dallas County Criminal District Court No. 7.
(d) Section 24.115, relating to the 14th District Court, contains provisions applicable to both that court and the Dallas County Criminal District Court No. 7.
Added by Acts 2005, 79th Leg., ch. 1352, § 13(b), eff. Sept. 1, 2005.
§ 24.910. TARRANT COUNTY CRIMINAL JUDICIAL DISTRICT NO. 1. (a) The Tarrant County Criminal Judicial District No. 1 is composed of Tarrant County.
(b) This section applies to the Tarrant County Criminal District Courts Nos. 1, 2, and 3.
(c) The criminal district courts have jurisdiction of criminal cases within the jurisdiction of a district court. The criminal district courts also have concurrent original jurisdiction with the county criminal courts over misdemeanor cases. The criminal district courts do not have appellate misdemeanor jurisdiction.
(d) The terms of the criminal district courts begin on the first Mondays in January, April, July, and October.
(e) The judge of each criminal district court or county criminal court may, on motion of the judge or the criminal district attorney, transfer misdemeanor cases between the courts by an order entered in the minutes of the transferring court. The clerk of the transferring court shall certify the style and number of the case to the clerk of the court to which it is transferred and include the papers of the case with the certification. The receiving clerk shall promptly docket the transferred case. The receiving court shall dispose of the case as if it had been originally instituted in that court.
(f) The criminal district courts nos. 1 and 2 shall have a seal similar to the seal of a district court with "Criminal District Court No. ____ of Tarrant County" engraved in the margin.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.911. TARRANT COUNTY CRIMINAL JUDICIAL DISTRICT NO. 2. (a) The Tarrant County Criminal Judicial District No. 2 is composed of Tarrant County.
(b) Section 24.910, relating to the Tarrant County Criminal District Court No. 1, contains provisions applicable to both that court and the Tarrant County Criminal District Court No. 2.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.912. TARRANT COUNTY CRIMINAL JUDICIAL DISTRICT NO. 3. (a) The Tarrant County Criminal Judicial District No. 3 is composed of Tarrant County.
(b) Section 24.910, relating to the Tarrant County Criminal District Court No. 1, contains provisions applicable to both that court and the Tarrant County Criminal District Court No. 3.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 24.913. CRIMINAL JUDICIAL DISTRICT NO. 4 OF TARRANT COUNTY. (a) The Criminal Judicial District No. 4 of Tarrant County is composed of Tarrant County.
(b) The court shall give preference to criminal cases. (c) The terms of court begin on the first Mondays in January, April, July, and October of each year.
(d) Subchapter C applies to the Tarrant County Criminal District Court No. 4 of Tarrant County.
(e) In addition to the jurisdiction provided by Subchapter C and other law, the Tarrant County Criminal District Court No. 4 has concurrent original jurisdiction with the county criminal courts in Tarrant County over misdemeanor cases.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2003, 78th Leg., ch. 21, § 6, eff. Sept. 1, 2003.
§ 24.920. CRIMINAL JUDICIAL DISTRICT OF JEFFERSON COUNTY. (a) The Criminal Judicial District of Jefferson County is composed of Jefferson County.
(b) The terms of the criminal district court begin on the first Mondays in April, July, October, and January.
(c) The criminal district court has: (1) original jurisdiction of criminal cases within the jurisdiction of a district court;
(2) concurrent original and appellate jurisdiction with the county courts at law of misdemeanor cases normally within the exclusive jurisdiction of the county courts at law; and
(3) civil jurisdiction in cases of: (A) divorce, as provided by Chapter 3, Family Code; (B) dependent and delinquent children, as provided by Section 23.001, by the Family Code, and by Title 43, Revised Statutes;
(C) adoption, as provided by the Family Code; and (D) habeas corpus proceedings. (d) The judge of the criminal district court or of a county court at law may, on motion of the judge or the criminal district attorney, transfer misdemeanor cases between the courts by an order entered in the minutes of the transferring court. The clerk of the transferring court shall certify the style and number of the case to the clerk of the receiving court and include the papers of the case with the certification. The receiving clerk shall promptly docket the transferred case. The receiving court shall dispose of the case as if it had been originally instituted in that court.
(e) The court shall have a seal similar to the seal of a district court with "Criminal District Court of Jefferson County" engraved on the seal.
(f) The court may sit at the City of Port Arthur in addition to Beaumont to try, hear, and determine nonjury civil cases and to hear and determine motions, arguments, and the other nonjury civil matters that are within the court's jurisdiction. The district clerk or the clerk's deputy serves as clerk of the court when it sits in Port Arthur and may transfer all necessary books, minutes, records, and papers to Port Arthur while the court is in session there, and transfer them from Port Arthur to Beaumont at the end of each session in Port Arthur. The Commissioners Court of Jefferson County may provide suitable quarters for the court in the subcourthouse while it sits in Port Arthur. The Jefferson County sheriff or the sheriff's deputy shall attend the court in Port Arthur and perform all required duties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER F. REAPPORTIONMENT OF JUDICIAL DISTRICTS
§ 24.941. DECLARATION OF POLICY. It is the policy of the state that the administration of justice shall be prompt and efficient and that, for this purpose, the judicial districts of the state shall be reapportioned as provided by this subchapter so that the district courts of various judicial districts have judicial burdens that are as nearly equal as possible.
Added by Acts 1987, 70th Leg., ch. 148, § 2.19(a), eff. Sept. 1, 1987.
§ 24.942. DEFINITIONS. In this subchapter: (1) "Board" means the Judicial Districts Board established by Article V, Section 7a, of the Texas Constitution.
(2) "Reapportionment" means the redistribution of the judicial districts of the state by designating the county or counties to be included in each judicial district and may affect any or all of the judicial districts and counties of the state under either the original reapportionment made under this subchapter or a reapportionment at a time subsequent to an original reapportionment.
(3) "Reapportionment order" means an order adopted by the board that reapportions the judicial districts of the state.
Added by Acts 1987, 70th Leg., ch. 148, § 2.19(a), eff. Sept. 1, 1987.
§ 24.943. OFFICIAL DUTY. Service on the board is an official duty of each of the officers named in Article V, Section 7a, of the Texas Constitution.
Added by Acts 1987, 70th Leg., ch. 148, § 2.19(a), eff. Sept. 1, 1987.
§ 24.944. DUTIES. The board shall reapportion the judicial districts authorized by Article V, Section 7, of the Texas Constitution by statewide reapportionment of the districts and, as the necessity for additional reapportionment appears, by redesignating, in one or more reapportionment orders, the county or counties that comprise the specific judicial districts affected by those reapportionment orders. The board shall investigate from time to time the necessity of and appropriate locations for new judicial districts and shall advise the legislature of its findings. The board shall inform itself on all matters bearing on its duties.
Added by Acts 1987, 70th Leg., ch. 148, § 2.19(a), eff. Sept. 1, 1987.
§ 24.945. RULES AND CONDITIONS FOR REAPPORTIONMENT. (a) The reapportionment of the judicial districts of the state by the board is subject to the rules and conditions provided by Subsections (b)-(d).
(b) Reapportionment of the judicial districts shall be made on a determination of fact by the board that the reapportionment will best promote the efficiency and promptness of the administration of justice in the state by equalizing as nearly as possible the judicial burdens of the district courts of the various judicial districts. In determining the reapportionment that best promotes the efficiency and promptness of the administration of justice, the board shall consider:
(1) the numbers and types of cases filed in the district courts of the counties to be affected by the reapportionment;
(2) the numbers and types of cases disposed of by dismissal or judgment in the district courts of those counties;
(3) the numbers and types of cases pending in the district courts of those counties;
(4) the number of district courts in those counties; (5) the population of the counties; (6) the area to be covered by a judicial district; and (7) the actual growth or decline of population and district court case load in the counties to be affected.
(c) Each judicial district affected by a reapportionment must contain one or more complete counties except as provided by this section. More than one judicial district may contain the same county or counties. If more than one county is contained in a judicial district, the territory of the judicial district must be contiguous.
(d) Subject to the other rules and conditions in this section, a judicial district in a reapportionment under this subchapter may:
(1) be enlarged in territory by including an additional county or counties in the district, but a county having a population as large or larger than the population of the judicial district being reapportioned may not be added to the judicial district;
(2) be decreased in territory by removing a county or counties from the district;
(3) have both a county or counties added to the district and a county or counties removed from it; or
(4) be removed to another location in the state so that the district contains an entirely different county or counties.
(e) The legislature, the Judicial Districts Board, or the Legislative Redistricting Board may not redistrict the judicial districts to provide for any judicial district smaller in size than an entire county except as provided by this subsection. Judicial districts smaller in size than the entire county may be created subsequent to a general election in which a majority of the persons voting on the proposition adopt the proposition "to allow the division of ____________________ County into judicial districts composed of parts of ____________________ County." A redistricting plan may not be proposed or adopted by the legislature, the Judicial Districts Board, or the Legislative Redistricting Board in anticipation of a future action by the voters of any county.
Added by Acts 1987, 70th Leg., ch. 148, § 2.19(a), eff. Sept. 1, 1987.
§ 24.946. PROCEDURE. (a) The board shall meet in accordance with its own rules. The board shall meet at least once in each interim between regular sessions of the legislature and shall exercise its reapportionment powers only in the interims between regular legislative sessions. Meetings of the board shall be subject to the provisions of Chapter 551, except as otherwise provided by this subchapter. A reapportionment may not be ordered in the interim immediately following a regular session of the legislature in which a valid and subsisting statewide reapportionment of judicial districts is enacted by the legislature. Unless the legislature enacts a statewide reapportionment of the judicial districts following each federal decennial census, the board shall convene not later than the first Monday of June of the third year following the year in which the federal decennial census is taken to make a statewide reapportionment of the districts. The board shall complete its work on the reapportionment and file its order with the secretary of state not later than August 31 of the same year. If the Judicial Districts Board fails to make a statewide apportionment by that date, the Legislative Redistricting Board established by Article III, Section 28, of the Texas Constitution shall make a statewide reapportionment of the judicial districts not later than the 150th day after the final day for the Judicial Districts Board to make the reapportionment, and that apportionment takes effect as provided by Sections 24.948 and 24.949.
(b) The board shall adopt its own rules of procedure and has the power to make investigations, hold hearings, compel by subpoena the attendance and testimony of witnesses and the production of records, administer oaths, and do all things necessary in its judgment to carry out its duties.
(c) On the request of the chairman, a peace officer shall serve a subpoena issued by the board. The officer shall serve the subpoena in the same manner as a subpoena issued by a district court is served. If the person to whom a subpoena is directed fails to comply, the board may bring suit in the district court to enforce the subpoena. If the court determines that good cause exists for the issuance of the subpoena, the court shall order compliance. The court may modify the requirements of a subpoena that the court determines are unreasonable. Failure to comply with the order of the district court is punishable as contempt.
(d) The board may provide for the compensation of subpoenaed witnesses. The amount of compensation may not exceed the amount paid to a witness subpoenaed by a district court in a civil proceeding.
Added by Acts 1987, 70th Leg., ch. 148, § 2.19(a), eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(83), eff. Sept. 1, 1995.
§ 24.947. REAPPORTIONMENT ORDERS. Any judicial reapportionment order adopted by the board must be approved by a record vote of the majority of the membership of both the senate and house of representatives before the order can become effective and binding.
Added by Acts 1987, 70th Leg., ch. 148, § 2.19(a), eff. Sept. 1, 1987.
§ 24.948. EFFECT OF REAPPORTIONMENT. (a) After the effective date of a reapportionment order, the judicial districts affected by the order contain only the counties designated for the judicial districts in the reapportionment order, and the district courts shall have and exercise jurisdiction coextensive with the newly defined limits of the judicial districts in all actions, proceedings, matters, and causes of which district courts have jurisdiction under the constitution and laws of the state.
(b) If a county in which any part of the jurisdiction vested by general law in the county court has been transferred or made concurrent in a district court is removed by reapportionment under this subchapter from the judicial districts of all district courts having the county court jurisdiction, the board shall specify whether, after the effective date of the reapportionment order, the transferred county court jurisdiction is vested in the district court of the judicial districts in which the county is included under the reapportionment order or whether the transferred county court jurisdiction is revested in the county court.
(c) If the office of district attorney is authorized by law in or for a judicial district, a reapportionment under this subchapter does not change the county or counties included in the district for purposes of election, functions, duties, and authority of the district attorney, his assistants, and their successors in office.
Added by Acts 1987, 70th Leg., ch. 148, § 2.19(a), eff. Sept. 1, 1987.
§ 24.949. PENDING CASES AND PROCEEDINGS. (a) If a county is removed from a judicial district and placed or left in another judicial district by reapportionment under this subchapter, the district clerk of that county shall, on the effective date of the reapportionment order, transfer and properly docket to the court of a judicial district in which the county is located the cases and proceedings in that county on the docket of the court of the judicial district from which the county is removed, with all records, documents, and instruments on file in connection with the cases and proceedings. If a county is removed from a judicial district and placed or left in more than one judicial district, the clerk shall transfer the cases and proceedings to the district court of the judicial district for that county having the lowest numerical designation.
(b) If cases or other proceedings are transferred from a district court to another district court in accordance with this subchapter, all writs, processes, bonds, bail bonds, recognizances, complaints, informations and indictments, and any other matters returnable to the court from which the cases or proceedings were transferred are returnable to the court to which the cases or proceedings are transferred and are as valid as if they had been made returnable originally to that court.
Added by Acts 1987, 70th Leg., ch. 148, § 2.19(a), eff. Sept. 1, 1987.
§ 24.950. EQUALIZATION OF DOCKETS. The judges of the district courts may equalize their dockets in all counties in which there are two or more district courts. The judge of a district court, on motion of a party, on agreement of the parties, or on the judge's own motion, may transfer a cause or proceeding on the judge's docket to the docket of one of the other district courts.
Added by Acts 1987, 70th Leg., ch. 148, § 2.19(a), eff. Sept. 1, 1987.
§ 24.951. CONCURRENT JURISDICTION. If a county is located in two or more judicial districts by reapportionment under this subchapter, all the district courts in the county have concurrent civil and criminal jurisdiction within the territorial limits of the county.
Added by Acts 1987, 70th Leg., ch. 148, § 2.19(a), eff. Sept. 1, 1987.
§ 24.952. TERMS OF COURTS. The terms of the district court of a judicial district affected by reapportionment under this subchapter shall be the terms provided by the board in the reapportionment order affecting the judicial district. In the absence of a provision by the board, the terms of the district court, until otherwise prescribed by law, begin on the first Mondays in January and July of each year and continue until the time for convening the next regular term of the court. Each district court may hold as many sessions of court in each county each year as the judge considers expedient.
Added by Acts 1987, 70th Leg., ch. 148, § 2.19(a), eff. Sept. 1, 1987.
§ 24.953. OFFICERS OF COURT. In a county placed in a different or additional judicial district by reapportionment under this subchapter, the district clerk, sheriff, constables, county attorney, and district attorney or criminal district attorney of the county, and their assistants and successors in office, shall be the respective officers of all district courts of the county, including the courts of the different or additional judicial districts. Each officer shall perform all the duties and functions of his office relative to all the district courts of the county.
Added by Acts 1987, 70th Leg., ch. 148, § 2.19(a), eff. Sept. 1, 1987.
§ 24.954. QUARTERS FOR COURTS. The commissioners court of a county that is newly included in a judicial district by reapportionment under this subchapter shall provide suitable quarters, facilities, and personnel for the district court of the judicial district.
Added by Acts 1987, 70th Leg., ch. 148, § 2.19(a), eff. Sept. 1, 1987. § 25.0001. APPLICATION OF SUBCHAPTER. (a) This subchapter applies to each statutory county court in this state. If a provision of this subchapter conflicts with a specific provision for a particular court or county, the specific provision controls.
(b) A statement in Subchapter C that a general provision of this subchapter does not apply to a specific statutory court or the statutory courts of a specific county does not affect the application of other laws on the same subject that may affect the court or courts.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.0002. DEFINITION. In this chapter, "family law cases and proceedings" includes cases and proceedings involving adoptions, birth records, or removal of disability of minority or coverture; change of names of persons; child welfare, custody, support and reciprocal support, dependency, neglect, or delinquency; paternity; termination of parental rights; divorce and marriage annulment, including the adjustment of property rights, custody and support of minor children involved therein, temporary support pending final hearing, and every other matter incident to divorce or annulment proceedings; independent actions involving child support, custody of minors, and wife or child desertion; and independent actions involving controversies between parent and child, between parents, and between spouses.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.0003. JURISDICTION. (a) A statutory county court has jurisdiction over all causes and proceedings, civil and criminal, original and appellate, prescribed by law for county courts.
(b) A statutory county court does not have jurisdiction over causes and proceedings concerning roads, bridges, and public highways and the general administration of county business that is within the jurisdiction of the commissioners court of each county.
(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 $100,000, excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs, as alleged on the face of the petition; and
(2) appeals of final rulings and decisions of the division of workers' compensation of the Texas Department of Insurance regarding workers' compensation claims, regardless of the amount in controversy.
(d) Except as provided by Subsection (e), a statutory county court has, concurrent with the county court, the probate jurisdiction provided by general law for county courts.
(e) In a county that has a statutory probate court, a statutory probate court is the only county court created by statute with probate jurisdiction.
(f) A statutory county court does not have the jurisdiction of a statutory probate court granted statutory probate courts by the Texas Probate Code.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 2, 3, eff. Oct. 1, 1991; Acts 1999, 76th Leg., ch. 431, § 2, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 265, § 6.002, eff. Sept. 1, 2005.
§ 25.0004. POWERS AND DUTIES. (a) A statutory county court or its judge may issue writs of injunction, mandamus, sequestration, attachment, garnishment, certiorari, supersedeas, and all writs necessary for the enforcement of the jurisdiction of the court. It may issue writs of habeas corpus in cases where the offense charged is within the jurisdiction of the court or any court of inferior jurisdiction in the county.
(b) A statutory county court or its judge may punish for contempt as prescribed by general law.
(c) The judge of a statutory county court has all other powers, duties, immunities, and privileges provided by law for county court judges.
(d) Except as provided by Subsection (e), the judge of a statutory county court has no authority over the county's administrative business that is performed by the county judge.
(e) The judge of a statutory county court may be delegated authority to hear an application under Section 25.052, 26.07, or 61.312, Alcoholic Beverage Code.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 417, § 2, eff. Sept. 1, 2001.
§ 25.0005. JUDGE'S SALARY. (a) A statutory county court judge, other than a statutory county court judge who engages in the private practice of law or a judge in whose court fees and costs under Sections 51.702(a) and (b) are not collected, shall be paid a total annual salary set by the commissioners court at an amount that is at least equal to the amount that is $1,000 less than the total annual salary received by a district judge in the county on August 31, 1999. A district judge's or statutory county court judge's total annual salary includes contributions and supplements, paid by the state or a county, other than contributions received as compensation under Section 74.051.
(b) Subject to any salary requirements otherwise imposed by this chapter for a particular court or county, the commissioners court sets the salary of each statutory county court judge who engages in the private practice of law or in whose court fees and costs under Sections 51.702(a) and (b) are not collected.
(c) The salary shall be paid in equal monthly installments. (d) Notwithstanding Section 25.0001(a), this section prevails over any other law that limits a particular statutory county court judge to an annual salary of less than the amount provided by Subsection (a), but does not affect a salary minimum set by other law that equals or exceeds the amount provided by Subsection (a).
(e) A county is not required to meet the salary requirements of Subsection (a) for a particular court if:
(1) not later than September 1 of the year in which the county initially begins collecting fees and costs under Sections 51.702(a) and (b), the county increases the salary of each statutory county court judge in the county to an amount that is at least $28,000 more than the salary the judge was entitled to on May 1 of the year the county initially begins collecting fees and costs under Sections 51.702(a) and (b);
(2) the county pays at least the salary required by Subdivision (1); (3) the county collects the fees and costs as provided by Sections 51.702(a) and (b);
(4) the court has at least the jurisdiction provided by Section 25.0003; and
(5) except as provided by Subsection (f), the county uses at least 50 percent of the amount the county receives each state fiscal year under Section 25.0016 for salaries for the statutory county court judges.
(f) Subsection (e)(5) does not require a county to pay a salary that exceeds the minimum salary under Subsection (a).
(g) An exemption under Subsection (e) is not an exclusion for purposes of Section 25.0015(a)(3).
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 4, eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 144, § 1, eff. Aug. 30, 1993; Acts 1997, 75th Leg., ch. 80, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1119, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1572, § 1, eff. Oct. 1, 1999; Acts 2003, 78th Leg., ch. 616, § 1, eff. Sept. 1, 2003.
§ 25.0006. BOND; REMOVAL. (a) The judge of a statutory county court must execute a bond as prescribed by law for county judges.
(b) The judge of a statutory county court may be removed from office in the same manner and for the same reasons as a county judge.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.0007. JURIES; PRACTICE AND PROCEDURE. 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, 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.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 5, eff. Oct. 1, 1991.
§ 25.0008. FEES. A judge of a statutory county court shall assess the same fees as are prescribed by law relating to county judges' fees. The clerk of the court shall collect the fees and pay them into the county treasury on collection. A fee may not be paid to the judge.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.0009. VACANCY. (a) The commissioners court of each county shall appoint a person to fill a vacancy in the office of judge of a statutory county court.
(b) The appointee holds office until the next general election and until the successor is elected and has qualified.
(c) This section applies to a vacancy existing on creation of the office of judge.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.0010. FACILITIES; PERSONNEL. (a) The commissioners court of each county shall provide the physical facilities necessary to operate the statutory county court in each county.
(b) The county attorney or criminal district attorney and sheriff shall serve each statutory county court. 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.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.0011. SEAL. The seal of each statutory county court is the same as that provided by law for a county court except that the seal must contain the name of the statutory county court as it appears in this chapter.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.0012. EXCHANGE OF JUDGES IN CERTAIN COUNTY COURTS AT LAW AND COUNTY CRIMINAL COURTS. In any county with a population of more than 300,000, the judge of a county criminal court and the judge of a county court at law may hold court for or with one another. The county criminal court has the necessary civil jurisdiction to hold court for the county court at law.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.0014. QUALIFICATIONS OF JUDGE. The judge of a statutory county court must:
(1) be at least 25 years of age; (2) 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.
Added by Acts 1991, 72nd Leg., ch. 746, § 6, eff. Oct. 1, 1991.
§ 25.0015. STATE CONTRIBUTION. (a) Beginning on the first day of the state fiscal year, the state shall annually compensate each county that collects the additional fees and costs under Sections 51.702(a) and (b) in an amount equal to $35,000 for each statutory county court judge in the county who:
(1) does not engage in the private practice of law; (2) presides over a court with at least the jurisdiction provided by Section 25.0003; and
(3) except as provided by Section 25.0005(d), is not excluded from the application of Section 25.0003 or Section 25.0005.
(b) For a county that participates under Section 51.702(f) under a resolution adopted and filed with the comptroller before September 1, 2003, the amount shall be paid to the county's salary fund in equal monthly installments, and of each $35,000 paid a county, $30,000 shall be paid from funds appropriated from the judicial fund, and $5,000 shall be paid from funds appropriated from the general revenue fund.
(c) For a county that participates under Section 51.702(f) under a resolution adopted or filed with the comptroller on or after September 1, 2003, the amount shall be paid to the county's salary fund in equal monthly installments from funds appropriated from the judicial fund.
Added by Acts 1991, 72nd Leg., ch. 746, § 6, eff. Oct. 1, 1991. Amended by Acts 1997, 75th Leg., ch. 1119, § 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1572, § 3, eff. Oct. 1, 1999; Acts 2003, 78th Leg., ch. 616, § 2, eff. Sept. 1, 2003.
§ 25.0016. EXCESS CONTRIBUTIONS. (a) At the end of each state fiscal year the comptroller shall determine the amounts deposited in the judicial fund under Section 51.702 and the amounts paid to the counties under Section 25.0015. If the total amount paid under Section 51.702 by all counties exceeds the total amount paid to counties under Section 25.0015, the state shall remit the excess to the counties proportionately based on the percentage of the total paid by each county. (b) The amounts remitted under Subsection (a) shall be paid to the county's general fund to be used only for court-related purposes for the support of the judiciary as provided by Section 21.006.
(c) In determining the amount deposited in the judicial fund under Section 51.702 for a county that collects fees and costs as provided by that section, the comptroller shall credit $40 of each fee deposited in the judicial fund under Section 51.701 by that county for cases assigned to a statutory county court as fees deposited under Section 51.702.
Added by Acts 1991, 72nd Leg., ch. 746, § 6, eff. Oct. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 144, § 2, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 461, § 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 1119, § 3, eff. Sept. 1, 1997.
§ 25.0017. VISITING JUDGE TO TAKE OATH. (a) A person who is a retired or former judge shall, before accepting an assignment as a visiting judge of a statutory county court, take the oath of office required by the constitution and file the oath with the regional presiding judge.
(b) A regional presiding judge shall maintain a file containing the oaths of office filed with the judge under Subsection (a).
(c) A retired or former judge may be assigned as a visiting judge of a statutory county court only if the judge has filed with the regional presiding judge an oath of office as required by this section.
Added by Acts 1995, 74th Leg., ch. 456, § 3, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 782, § 4, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 960, § 1, eff. Sept. 1, 1999.
§ 25.0018. RECORD. (a) When a retired or former judge is appointed as a visiting judge, the clerk shall enter in the administrative file as a part of the proceedings in the cause a record that gives the visiting judge's name and shows that:
(1) the judge of the court was disqualified, absent, or disabled to try the cause;
(2) the visiting judge was appointed; and (3) the oath of office prescribed by law for a retired or former judge who is appointed as a visiting judge was duly administered to the visiting judge and filed with the regional presiding judge.
(b) "Administrative file" means a file kept by the court clerk for the court's administrative orders and assigned a cause number.
Added by Acts 1995, 74th Leg., ch. 456, § 3, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 782, § 4, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 960, § 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 469, § 1, eff. Sept. 1, 2001.
SUBCHAPTER B. GENERAL PROVISIONS RELATING TO STATUTORY PROBATE COURTS
§ 25.0021. JURISDICTION. (a) If this section conflicts with a specific provision for a particular statutory probate court or county, the specific provision controls, except that this section controls over a specific provision for a particular court or county if the specific provision attempts to create jurisdiction in a statutory probate court other than jurisdiction over probate, guardianship, mental health, or eminent domain proceedings.
(b) A statutory probate court as that term is defined in Section 3(ii), Texas Probate Code, has:
(1) the general jurisdiction of a probate court as provided by the Texas Probate Code; and
(2) the jurisdiction provided by law for a county court to hear and determine actions, cases, matters, or proceedings instituted under:
(A) Section 166.046, 192.027, 193.007, 552.015, 552.019, 711.004, or 714.003, Health and Safety Code;
(B) Chapter 462, Health and Safety Code; or (C) Subtitle C or D, Title 7, Health and Safety Code. (c) Expired.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 635, § 1, eff. Sept. 1, 2001.
§ 25.00211. STATE CONTRIBUTION. (a) Beginning on the first day of the state fiscal year, the state shall annually compensate each county that collects the additional fees under Section 51.704 in an amount equal to $40,000 for each statutory probate court judge in the county.
(b) The amount shall be paid to the county treasury for deposit in the contributions fund created under Section 25.00213 in equal monthly installments from funds appropriated from the judicial fund.
Added by Acts 1999, 76th Leg., ch. 1572, § 2, eff. Oct. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1443, § 1, eff. June 17, 2001.
§ 25.00212. EXCESS CONTRIBUTIONS. (a) At the end of each state fiscal year the comptroller shall determine the amounts deposited in the judicial fund under Section 51.704 and the amounts paid to the counties under Section 25.00211. If the total amount paid under Section 51.704 by all counties exceeds the total amount paid to counties under Section 25.00211, the state shall remit the excess to the counties proportionately based on the percentage of the total paid by each county.
(b) The amounts remitted under Subsection (a) shall be paid to the county treasury for deposit in the contributions fund created under Section 25.00213.
Added by Acts 1999, 76th Leg., ch. 1572, § 2, eff. Oct. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1263, § 7, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1443, § 2, eff. June 17, 2001.
§ 25.00213. CONTRIBUTIONS FUND. (a) A contributions fund is created in the county treasury of each county that collects the additional fees under Section 51.704.
(b) Money in a contributions fund created under this section may be used only for court-related purposes for the support of the statutory probate courts in the county.
(c) A county may not reduce the amount of funds provided for the support of the statutory probate courts in the county because of the availability of funds from the county's contributions fund.
Added by Acts 2001, 77th Leg., ch. 1443, § 3, eff. June 17, 2001.
§ 25.0022. ADMINISTRATION OF STATUTORY PROBATE COURTS. (a) "Statutory probate court" has the meaning assigned by Section 3, Texas Probate Code.
(b) The judges of the statutory probate courts shall elect from their number a presiding judge of the statutory probate courts. The presiding judge serves a four-year term from the date of qualification as the presiding judge.
(c) The presiding judge may perform the acts necessary to carry out this section and to improve the management of the statutory probate courts and the administration of justice.
(d) The presiding judge shall: (1) ensure the promulgation of local rules of administration in accordance with policies and guidelines set by the supreme court;
(2) advise local statutory probate court judges on case flow management practices and auxiliary court services;
(3) perform a duty of a local administrative statutory probate court judge if the local administrative judge does not perform that duty;
(4) appoint an assistant presiding judge of the statutory probate courts; (5) call and preside over annual meetings of the judges of the statutory probate courts at a time and place in the state as designated by the presiding judge;
(6) call and convene other meetings of the judges of the statutory probate courts as considered necessary by the presiding judge to promote the orderly and efficient administration of justice in the statutory probate courts;
(7) study available statistics reflecting the condition of the dockets of the probate courts in the state to determine the need for the assignment of judges under this section; and
(8) compare local rules of court to achieve uniformity of rules to the extent practical and consistent with local conditions.
(e) In addition to all other compensation, expenses, and perquisites authorized by law, the presiding judge shall be paid for performing the duties of a presiding judge an annual salary equal to the maximum salary authorized by Section 74.051(b) for a presiding judge of an administrative judicial region. The presiding judge is entitled to receive reasonable expenses incurred in administering those duties. The salary and expenses are paid by the counties that have statutory probate courts, apportioned according to the number of statutory probate courts in the county.
(f) Each county pays annually to the presiding judge, from fees collected pursuant to Section 118.052(2)(A)(vi), Local Government Code, the amount of the salary apportioned to it as provided by this section and the other expenses authorized by this section. The presiding judge shall place each county's payment of salary and other expenses in an administrative fund, from which the salary and other expenses are paid. The salary shall be paid in equal monthly installments.
(g) The assistant presiding judge may assign probate judges as provided by this section and perform the office of presiding judge:
(1) on the death or resignation of the presiding judge and until a successor presiding judge is elected; or
(2) when the presiding judge is unable to perform the duties of the office because of absence, disqualification, disabling illness, or other incapacity.
(h) A judge or a former or retired judge of a statutory probate court may be assigned to hold court in a statutory probate court, county court, or any statutory court exercising probate jurisdiction when:
(1) a statutory probate judge requests assignment of another judge to the judge's court;
(2) a statutory probate judge is absent, disabled, or disqualified for any reason;
(3) a statutory probate judge is present or is trying cases as authorized by the constitution and laws of this state and the condition of the court's docket makes it necessary to appoint an additional judge;
(4) the office of a statutory probate judge is vacant; (5) the presiding judge of an administrative judicial district requests the assignment of a statutory probate judge to hear a probate matter in a county court or statutory county court;
(6) a motion to recuse the judge of a statutory probate court has been filed;
(7) a county court judge requests the assignment of a statutory probate judge to hear a probate matter in the county court; or
(8) a local administrative statutory probate court judge requests the assignment of a statutory probate judge to hear a matter in a statutory probate court.
(i) A judge assigned under this section has the jurisdiction, powers, and duties given by Sections 5, 5A, 5B, 606, 607, and 608, Texas Probate Code, to statutory probate court judges by general law.
(j) Except as otherwise provided by this section, the salary, compensation, and expenses of a judge assigned under this section are paid in accordance with state law.
(k) The daily compensation of a former or retired judge for purposes of this section is set at an amount equal to the daily compensation of a judge of a statutory probate court in the county in which the former or retired judge is assigned. A former or retired judge assigned to a county that does not have a statutory probate court shall be paid an amount equal to the daily compensation of a judge of a statutory probate court in the county where the assigned judge was last elected.
(l) An assigned judge is entitled to receive reasonable and necessary expenses for travel, lodging, and food. The assigned judge shall furnish the presiding judge, for certification, an accounting of those expenses with a statement of the number of days the judge served.
(m) The presiding judge shall certify to the county judge in the county in which the assigned judge served:
(1) the expenses approved under Subsection (l); and (2) a determination of the assigned judge's salary. (n) A judge who has jurisdiction over a suit pending in one county may, unless a party objects, conduct any of the judicial proceedings except the trial on the merits in a different county.
(o) The county in which the assigned judge served shall pay out of the general fund of the county:
(1) expenses certified under Subsection (m) to the assigned judge; and (2) the salary certified under Subsection (m) to the county in which the assigned judge serves, or, if the assigned judge is a former or retired judge, to the assigned judge.
(p) In addition to all compensation and expenses authorized by this section and other law, a judge who is assigned to a court outside the county of the judge's residence is entitled to receive $25 for each day or fraction of a day served. The county in which the judge served shall pay the additional compensation from the county's general fund on certification by the presiding judge.
(q) When required to attend an annual or special meeting prescribed by this section, a judge is entitled to receive, in addition to all other compensation allowed by law, actual and necessary travel expenses incurred going to and returning from the place of the meeting and actual and necessary expenses while attending the meeting. On certification by the presiding judge, the judge's county of residence shall pay the expenses from the county's general fund.
(r) Chapter 74 and Subchapter I, Chapter 75, do not apply to the assignment under this section of statutory probate court judges.
(s) The presiding judge may appoint any special or standing committees of statutory probate court judges necessary or desirable for court management and administration.
(t) To be eligible for assignment under this section a former or retired judge of a statutory probate court must:
(1) not have been removed from office; and (2) certify under oath to the presiding judge, on a form prescribed by the state board of regional judges, that the judge did not resign 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 the final disposition of the proceedings.
(u) In addition to the eligibility requirements under Subsection (t), to be eligible for assignment under this section in the judge's county of residence, a former or retired judge of a statutory probate court must certify to the presiding judge a willingness not to:
(1) appear and plead as an attorney in any court in the judge's county of residence for a period of two years; and
(2) accept appointment as a guardian ad litem, guardian of the estate of an incapacitated person, or guardian of the person of an incapacitated person in any court in the judge's county of residence for a period of two years.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.03(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1101, § 1, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 691, § 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 298, § 1, 7, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1064, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1435, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 65, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 440, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 468, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 820, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, § 9.002, eff. Sept. 1, 2003.
§ 25.00221. VISITING JUDGE TO TAKE OATH; RECORD. (a) This section applies to the assignment of a retired or former judge as a visiting judge of a statutory probate court under Section 25.0022.
(b) A person who is a retired or former judge shall, before accepting an assignment as a visiting judge of a statutory probate court, take the oath of office required by the constitution and file the oath with the presiding judge of the statutory probate courts.
(c) The presiding judge shall maintain a file containing the oaths of office filed with the judge under Subsection (b).
(d) A retired or former judge may be assigned as a visiting judge of a statutory probate court only if the judge has filed with the presiding judge an oath of office as required by this section.
(e) When a retired or former judge is appointed as a visiting judge, the clerk shall enter in the administrative file as a part of the proceedings in the cause a record that gives the visiting judge's name and shows that:
(1) the judge of the court was disqualified, absent, or disabled to try the cause;
(2) the visiting judge was appointed; and (3) the oath of office prescribed by law for a retired or former judge who is appointed as a visiting judge was duly administered to the visiting judge and filed with the presiding judge.
(f) "Administrative file" means a file kept by the court clerk for the court's administrative orders and assigned a cause number.
Added by Acts 1999, 76th Leg., ch. 960, § 3, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 469, § 2, 3, eff. Sept. 1, 2001.
§ 25.00222. TRANSFER OF CASES. (a) The judge of a statutory probate court may transfer a cause of action pending in that court to another statutory probate court in the same county that has jurisdiction over the cause of action that is transferred.
(b) If the judge of a statutory probate court that has jurisdiction over a cause of action appertaining to or incident to an estate pending in the statutory probate court determines that the court no longer has jurisdiction over the cause of action, the judge may transfer that cause of action to:
(1) a district court, county court, statutory county court, or justice court located in the same county that has jurisdiction over the cause of action that is transferred; or
(2) the court from which the cause of action was transferred to the statutory probate court under Section 5B or 608, Texas Probate Code.
(c) When a cause of action is transferred from a statutory probate court to another court as provided by Subsection (a) or (b), all processes, writs, bonds, recognizances, or other obligations issued from the statutory probate court are returnable to the court to which the cause of action is transferred as if originally issued by that court. The obligees in all bonds and recognizances taken in and for the statutory probate court, and all witnesses summoned to appear in the statutory probate court, are required to appear before the court to which the cause of action is transferred as if originally required to appear before the court to which the transfer is made.
Added by Acts 1999, 76th Leg., ch. 71, § 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 64, § 1, eff. Sept. 1, 2001. Renumbered from V.T.C.A., Government Code § 25.00221 by Acts 2003, 78th Leg., ch. 1275, § 2(55), eff. Sept. 1, 2003.
§ 25.0023. COMPENSATION OF PROBATE COURT JUDGES. (a) The commissioners court shall set the annual salary of each judge of a statutory probate court at an amount that is at least equal to the total annual salary received by a district judge in the county. A district judge's or statutory probate court judge's total annual salary includes contributions and supplements paid by the state or a county, other than contributions received as compensation under Section 25.0022(e).
(b) The salary shall be paid in equal monthly installments.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 426, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, § 9.0025, eff. Sept. 1, 2003.
§ 25.0024. COURT COORDINATORS, ADMINISTRATIVE ASSISTANTS, AND AUDITORS FOR STATUTORY PROBATE COURTS. (a) A judge of a statutory probate court shall hire with the approval of the commissioners court through the county budget process a court coordinator, an administrative assistant, and an auditor for the court.
(b) Court personnel employed under this section are entitled to receive a salary set by the commissioners court. The county shall pay the salary in the same manner that other county employees are paid.
(c) Court personnel employed under this section are entitled to receive the same employment benefits, in addition to salary, that other county employees receive.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 597, § 68, eff. Sept. 1, 1991; Acts 1999, 76th Leg., ch. 410, § 1, eff. Sept. 1, 1999.
§ 25.0025. COURT INVESTIGATORS. (a) The judge of a statutory probate court shall appoint a court investigator. One person shall serve as the court investigator for all statutory probate courts in the county unless the commissioners court has authorized additional investigators. The commissioners court may authorize additional court investigators if necessary.
(b) The commissioners court shall set the salary of a court investigator. (c) to (e). Repealed by Acts 1995, 74th Leg., ch. 1039, § 72, eff. Sept. 1, 1995.
Added by Acts 1993, 73rd Leg., ch. 905, § 2, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 1039, § 72, eff. Sept. 1, 1995.
§ 25.00255. RECUSAL OR DISQUALIFICATION OF JUDGE. (a) A party in a hearing or trial in a statutory probate court may file with the clerk of the court a motion stating grounds for the recusal or disqualification of the judge. The grounds may include any disability of the judge to preside over the case.
(b) A motion for the recusal or disqualification of a judge must: (1) be filed at least 10 days before the date of the hearing or trial, except as provided by Subsection (c);
(2) be verified; and (3) state with particularity the alleged grounds for recusal or disqualification of the judge based on:
(A) personal knowledge that is supported by admissible evidence; or (B) specifically stated grounds for belief of the allegations. (c) A motion for recusal or disqualification may be filed at the earliest practicable time before the beginning of the trial or other hearing if a judge is assigned to a case 10 or fewer days before the date set for a trial or hearing.
(d) A party filing a motion for recusal or disqualification shall serve on all other parties or their counsel:
(1) copies of the motion; and (2) notice that the movant expects the motion to be presented to the judge three days after the filing of the motion unless the judge orders otherwise.
(e) A party may file with the clerk of the court a statement opposing or concurring with a motion for recusal or disqualification at any time before the motion is heard.
(f) Before further proceedings in a case in which a motion for the recusal or disqualification of a judge has been filed, the judge shall:
(1) recuse himself; or (2) request that the presiding judge of the statutory probate courts assign a judge to hear the motion.
(g) A judge who recuses himself: (1) shall enter an order of recusal and request that the presiding judge of the statutory probate courts assign a judge to hear the motion for recusal or disqualification; and
(2) may not take other action in the case except for good cause stated in the order in which the action is taken.
(h) A judge who does not recuse himself: (1) shall forward to the presiding judge of the statutory probate courts, in either original form or certified copy, an order of referral, the motion for recusal or disqualification, and all opposing and concurring statements; and
(2) may not take other action in the case during the time after the filing of the motion for recusal or disqualification and before a hearing on the motion, except for good cause stated in the order in which the action is taken.
(i) After receiving a request under Subsection (g) or (h), the presiding judge of the statutory probate courts shall:
(1) immediately set a hearing before himself or a judge designated by the presiding judge;
(2) cause notice of the hearing to be given to all parties or their counsel to the case; and
(3) make other orders, including orders for interim or ancillary relief, in the pending case.
(j) After a statutory probate court has rendered the final judgment in a case, a party may appeal an order that denies a motion for recusal or disqualification as an abuse of the court's discretion. A party may not appeal an order that grants a motion for recusal or disqualification.
(k) A party may file a motion for sanctions alleging that another party in the case filed a motion for the recusal or disqualification of a judge solely to delay the case and without sufficient cause. The presiding judge or the judge assigned by the presiding judge to hear the motion for recusal may approve a motion for sanctions authorized by Rule 215.2(b), Texas Rules of Civil Procedure.
Added by Acts 1997, 75th Leg., ch. 1435, § 2, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1420, § 9.0011, eff. Sept. 1, 2001.
§ 25.0026. POWERS AND DUTIES. (a) A statutory probate court or its judge may issue writs of injunction, mandamus, sequestration, attachment, garnishment, certiorari, supersedeas, and all writs necessary for the enforcement of the jurisdiction of the court. It may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the court or any court of inferior jurisdiction in the county.
(b) A statutory probate court or its judge may punish for contempt as prescribed by general law.
(c) The judge of a statutory probate court has all other powers, duties, immunities, and privileges provided by law for county court judges.
(d) The judge of a statutory probate court has no authority over the county's administrative business that is performed by the county judge.
Added by Acts 1991, 72nd Leg., ch. 394, § 2, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, § 7, eff. Oct. 1, 1991.
§ 25.0027. JURIES; PRACTICE AND PROCEDURE. The drawing of jury panels, selection of jurors, and practice in the statutory probate courts must conform to that prescribed by law for county courts, except that practice, procedure, rules of evidence, issuance of process and writs, juries, including the number of jurors, and all other matters pertaining to the conduct of trials and hearings in the statutory probate courts involving those matters of concurrent jurisdiction with district courts are governed by the laws and rules pertaining to district courts.
Added by Acts 1991, 72nd Leg., ch. 391, § 2, eff. Aug. 26, 1991.
§ 25.0029. FEES. A judge of a statutory probate court shall assess the same fees as are prescribed by law relating to county judges' fees. The clerk of the court shall collect the fees and pay them into the county treasury on collection. A fee may not be paid to the judge.
Added by Acts 1991, 72nd Leg., ch. 394, § 2, eff. Aug. 26, 1991.
§ 25.0030. FACILITIES; PERSONNEL. (a) The commissioners court of each county shall provide the physical facilities necessary to operate the statutory probate court in each county.
(b) The county attorney or criminal district attorney and sheriff shall serve each statutory probate court. The county clerk shall serve as clerk of each statutory probate 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.
Added by Acts 1991, 72nd Leg., ch. 394, § 2, eff. Aug. 26, 1991.
§ 25.0031. SEAL. The seal of each statutory probate court is the same as that provided by law for a county court except that the seal must contain the name of the statutory probate court as it appears in this chapter.
Added by Acts 1991, 72nd Leg., ch. 394, § 2, eff. Aug. 26, 1991.
SUBCHAPTER C. PROVISIONS RELATING TO PARTICULAR COUNTIES
§ 25.0041. ANDERSON COUNTY. (a) Anderson County has one statutory county court, the County Court at Law of Anderson County.
(b) The County Court at Law of Anderson County sits in Palestine.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Renumbered from V.T.C.A., Government Code § 25.0031 by Acts 2001, 77th Leg., ch. 1420, § 9.001(c), eff. Sept. 1, 2001.
§ 25.0042. ANDERSON 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 Anderson County has:
(1) concurrent jurisdiction with the district court in: (A) probate matters and proceedings, including will contests; (B) family law cases and proceedings; (C) criminal cases; and (D) actions and proceedings under Subtitle B, Title 9, Property Code; and
(2) concurrent jurisdiction with the county and district courts over all suits arising under the Family Code.
(a-1) A county court at law also has concurrent jurisdiction with the district court in felony cases to conduct arraignments, conduct pretrial hearings, and accept guilty pleas.
(b) A county court at law has four terms of court beginning on the first Mondays of January, April, July, and October.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law may not engage in the private practice of law.
(e) The salary of the judge of a county court at law shall be paid out of the county treasury by the commissioners court. The judge is entitled to travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as the county judge.
(f) A special judge of a county court at law with the same qualifications as the regular judge may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. If a judge of a county court at law 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 for the case. A special judge is entitled to the same rate of compensation as the regular judge.
(g) The district clerk serves as clerk of a county court at law in all cases arising under the Family Code and Section 23.001 and shall establish a separate docket for a county court at law; the county clerk serves as clerk of the court in all other cases. The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve the court.
(h) The judge of a county court at law may appoint an official court reporter or the judge may contract for the services of a court reporter under guidelines established by the commissioners court.
(i) Practice in a county court at law is that prescribed by law for county courts, except that practice and procedure, rules of evidence, issuance of process and writs, and all other matters pertaining to the conduct of trials and hearings in a county court at law involving cases under the Family Code and Section 23.001 are governed by this section and the laws and rules pertaining to district courts and county courts. If a case under the Family Code or Section 23.001 is tried before a jury, the jury shall be composed of 12 members.
(j) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a county court at law. Jurors regularly impaneled for a week by the district court may, on request of the judge of a county court at law, be made available and shall serve for the week in a county court at law.
(k) Appeals in all civil cases from judgments and orders of a county court at law are to the court of appeals as provided for appeals from district and county courts. Appeals in all criminal cases are to the court of appeals as provided for appeals from county courts. All cases appealed from the justice courts and other inferior courts in Anderson County must be made directly to a county court at law, unless otherwise provided by law.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1987, 70th Leg., 2nd C.S. ch. 38, § 3, eff. Oct. 20, 1987; Acts 1989, 71st Leg., ch. 2, § 8.04(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.02, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 9, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 525, § 1, eff. May 31, 1997. Renumbered from V.T.C.A., Government Code § 25.0032 by Acts 2001, 77th Leg., ch. 1420, § 9.001(c).
§ 25.0051. ANGELINA COUNTY. Angelina County has the following statutory county courts:
(1) the County Court at Law No. 1 of Angelina County; and (2) the County Court at Law No. 2 of Angelina County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 614, § 1, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, § 10(a), eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 745, § 1, eff. Aug. 30, 1993.
§ 25.0052. ANGELINA COUNTY COURT AT LAW PROVISIONS.
Text of subsec. (a) as amended by Acts 1991, 72nd Leg., ch. 614, § 2
(a) In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law in Angelina 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) civil cases in which the matter in controversy exceeds $500 but does not exceed $50,000, excluding interest; and
(B) family law cases and proceedings.
Text of subsec. (a) as amended by Acts 1991, 72nd Leg., ch. 746, § 10(b)
(a) In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law in Angelina County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) The commissioners court by order entered of record shall set at least four terms of court each year for the county court at law.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law shall be paid an annual salary of at least $14,000. The salary shall be paid out of the county treasury on order of the commissioners court.
(e) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (f) A special judge of a county court at law may be appointed in the manner provided by law for the appointment of a special county judge. A special judge must have the same qualifications, and is entitled to the same rate of compensation, as the regular judge.
(g) The commissioners court may employ as many additional assistant county attorneys, deputy sheriffs, and clerks as are necessary for the county court at law. Those serving shall perform the duties and are entitled to the compensation, fees, and allowances prescribed by law for those offices.
(h) Practice in a county court at law must conform to that prescribed by law for county courts.
(i) Sections 25.0007 and 25.0011 do not apply to a county court at law in Angelina County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 614, § 2, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, § 10(b), eff. Oct. 1, 1991.
§ 25.0061. ARANSAS COUNTY. Aransas County has one statutory county court, the County Court at Law of Aransas County.
Added by Acts 2001, 77th Leg., ch. 688, § 1, eff. June 13, 2001.
§ 25.0062. ARANSAS COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law of Aransas County has concurrent jurisdiction with the district court in:
(1) family law cases and proceedings; and (2) felony cases to conduct arraignments, conduct pretrial hearings, and accept guilty pleas.
(b) The district clerk serves as clerk of a county court at law in felony cases and family law cases and proceedings, and the county clerk serves as clerk of a county court at law in all other cases. The district clerk shall establish a separate docket for a county court at law. The commissioners court shall provide the deputy clerks, bailiffs, and other personnel necessary to operate a county court at law.
(c) The jury is composed of six members unless the constitution or other law requires a 12-member jury.
Added by Acts 2001, 77th Leg., ch. 688, § 1, eff. June 13, 2001. Amended by Acts 2003, 78th Leg., ch. 998, § 1, eff. Sept. 1, 2003.
§ 25.0101. AUSTIN COUNTY. Austin County has one statutory county court, the County Court at Law of Austin County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.0102. AUSTIN 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 Austin County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) A county court at law has terms beginning on the first Mondays of March, June, September, and December of each year.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law may not engage in the private practice of law.
(e) The judge of a county court at law shall be paid an annual salary that is at least equal to 75 percent of the annual salary paid by the state to a district judge in the county. The salary shall be paid by the county treasurer on order of the commissioners court. The judge is entitled to travel expenses and necessary office expenses including administrative and clerical personnel, in the same manner as is allowed the county judge.
(f) A special judge for a county court at law may be appointed or elected as provided by law for county courts. If the judge of a county court at law 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 is entitled to the same rate of compensation as the regular judge.
(g) The district clerk serves as clerk of a county court at law in family law cases and proceedings, and the county clerk serves as clerk of the court in all other cases. The district clerk shall establish a separate docket for a county court at law. The commissioners court may employ the assistant district attorneys, deputy sheriffs, and bailiffs necessary to serve a county court at law.
(h) Practice in a county court at law is that prescribed by law for county courts, except that practice and procedure, rules of evidence, issuance of process and writs, and all other matters pertaining to the conduct of trials and hearings in the county court at law involving family law cases and proceedings shall be governed by this section and the laws and rules pertaining to district courts. If a family law case or proceeding is tried before a jury, the jury shall be composed of 12 members; in all other cases the jury shall be composed of six members.
(i) The jurisdiction and authority vested by law in the county court for the drawing, selection, and service of jurors shall also be exercised by a county court at law. Jurors summoned for the county court or a county court at law may, by order of the judge of the court to which they are summoned, be transferred to another court for service. If the judges of the county court and the county court at law agree, jurors may be summoned for service in a court and used interchangeably. On request of the county court judge or the judge of a county court at law, jurors regularly impaneled for a week by the district court may be made available and shall serve for the week in the county court or county court at law.
(j) Repealed by Acts 1989, 71st Leg., ch. 861, § 1, eff. June 14, 1989.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 861, § 1, eff. June 14, 1989; Acts 1991, 72nd Leg., ch. 746, § 11, eff. Oct. 1, 1991.
§ 25.0131. BASTROP COUNTY. Bastrop County has one statutory county court, the County Court at Law of Bastrop County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.0132. BASTROP 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 Bastrop County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (c) The judge of a county court at law shall be paid an annual salary paid out of the county treasury that does not exceed 90 percent of the salary paid by the state to a district judge in the county. The judge is entitled to travel expenses and necessary office expenses, including administrative and clerical help, in the same manner as the county judge.
(d) A special judge for a county court at law may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. If the judge of a county court at law 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. The special judge must have the same qualifications as the regular judge. A special judge is entitled to the same rate of compensation as the regular judge.
(e) The district clerk serves as clerk of a county court at law in family law cases and proceedings, and the county clerk serves as clerk of the court in all other cases. The district clerk shall establish a separate docket for a county court at law. The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve a county court at law.
(f) Practice in a county court at law is that prescribed by law for county courts, except that practice and procedure, rules of evidence, issuance of process and writs, and all other matters pertaining to the conduct of trials and hearings in a county court at law involving family law cases and proceedings is that prescribed by law for district courts and county courts. If a family law case or proceeding is tried before a jury, the jury shall be composed of 12 members.
(g) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a county court at law.
(h) Jurors regularly impaneled for a week by the district court may, on request of the judge of a county court at law, be made available and shall serve for the week in the county court at law.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 12, 70, eff. Oct. 1, 1991.
§ 25.0151. BEE COUNTY. Bee County has one statutory county court, the County Court at Law of Bee County.
Added by Acts 1995, 74th Leg., ch. 702, § 1, eff. Aug. 28, 1995.
§ 25.0152. BEE 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 Bee County has:
(1) concurrent jurisdiction with the district court in family law cases and proceedings; and
(2) notwithstanding any law granting exclusive jurisdiction to the district court, concurrent jurisdiction with the district court in criminal cases.
(b) A county court at law has concurrent jurisdiction with the justice court in all criminal matters prescribed by law for justice courts. This subsection does not affect the right of appeal to a county court at law from a justice court where the right of appeal to the county court exists by law.
(c) The judge may appoint a court coordinator or administrative assistant for a county court at law. A court coordinator or administrative assistant performs the duties prescribed by the judge and cooperates with the administrative judges and state agencies for the uniform and efficient operation of the courts and the administration of justice. The court coordinator or administrative assistant is entitled to be paid from county funds the compensation, fees, and allowances set by the commissioners court or as otherwise provided by law.
(d) The district clerk serves as clerk of a county court at law in matters of concurrent jurisdiction with the district court, and the county clerk shall serve as clerk of a county court at law in all other cases. The commissioners court shall provide the deputy clerks, bailiffs, and other personnel necessary to operate a county court at law.
(e) The county attorney and the county sheriff shall attend a county court at law as required by the judge.
(f) A judge of a county court at law in Bee County may not be assigned under Chapter 74 to serve as a visiting judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland, Tarrant, or Travis County.
Added by Acts 1995, 74th Leg., ch. 702, § 1, eff. Aug. 28, 1995.
§ 25.0161. BELL COUNTY. Bell County has the following statutory county courts:
(1) County Court at Law No. 1 of Bell County; (2) County Court at Law No. 2 of Bell County; and (3) County Court at Law No. 3 of Bell County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 366, § 1, eff. Aug. 28, 1995.
§ 25.0162. BELL COUNTY COURT AT LAW PROVISIONS. (a) The judge of County Court at Law No. 3 of Bell County is prohibited from being assigned under Chapter 74 as a visiting judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland, Tarrant, or Travis County.
(b) The commissioners court, by an order entered of record, shall prescribe at least four terms of court each year for a county court at law.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (e) The judge of a county court at law shall be paid an annual salary in an amount not to exceed the salary set by the commissioners court for the county judge. The salary shall be paid out of the county treasury on order of the commissioners court.
(f) The judge of a county court at law may not appear and plead as an attorney in a court of record in this state.
(g) A special judge of a county court at law may be appointed in the manner provided by law for the appointment of a special county judge. A special judge must have the same qualifications and is entitled to the same rate of compensation as the regular judge.
(h) Practice in a county court at law is that prescribed by law for county courts.
(i) Jurors regularly impaneled for the week by the district court may, at the request of the county judge or the judge of a county court at law, be made available by the district judge in the numbers requested and shall serve for the week in the county court or a county court at law.
(j) Section 25.0011 does not apply to a county court at law in Bell County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1995, 74th Leg., ch. 366, § 2, eff. Aug. 28, 1995.
§ 25.0171. BEXAR COUNTY. (a) Repealed by Acts 1999, 76th Leg., ch. 42, § 4, eff. Sept. 1, 1999.
(b) Bexar County has the following county courts at law: (1) County Court at Law No. 1 of Bexar County, Texas; (2) County Court at Law No. 2 of Bexar County, Texas; (3) County Court at Law No. 3 of Bexar County, Texas; (4) County Court at Law No. 4 of Bexar County, Texas; (5) County Court at Law No. 5 of Bexar County, Texas; (6) County Court at Law No. 6 of Bexar County, Texas; (7) County Court at Law No. 7 of Bexar County, Texas; (8) County Court at Law No. 8 of Bexar County, Texas; (9) County Court at Law No. 9 of Bexar County, Texas; (10) County Court at Law No. 10 of Bexar County, Texas; (11) County Court at Law No. 11 of Bexar County, Texas; and (12) County Court at Law No. 12 of Bexar County, Texas. (c) Bexar County also has the following statutory probate courts: (1) Probate Court No. 1 of Bexar County, Texas; and (2) Probate Court No. 2 of Bexar County, Texas.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 410, § 1, eff. Sept. 1, 1989; Acts 1999, 76th Leg., ch. 42, § 1, 4, eff. Sept. 1, 1999.
§ 25.0172. BEXAR COUNTY COURT AT LAW PROVISIONS. (a) The County Court at Law No. 1 shall give preference to criminal cases.
(b) The County Court at Law No. 10 shall give preference to civil cases. (c) The County Courts at Law Nos. 4, 6, 11, and 12 shall give preference to criminal cases and appeals de novo from the municipal and justice courts.
(d) The County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 have six terms of court beginning on the first Mondays in January, March, May, July, September, and November. The County Court at Law No. 2 has six terms of court beginning on the first Mondays in February, April, June, August, October, and December.
(e) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (f) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (g) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (h) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (i) A bond is not required of the judges of the County Courts at Law Nos. 2, 3, and 5.
(j) The judge of a county court at law shall be paid an annual salary in an amount not less than $25,000 and not more than the total annual salary, including supplements, paid a district judge in the county. The compensation shall be paid out of the county's general fund or officers' salary fund. The commissioners court shall consider the financial condition of the county and the duties and needs of the county court at law judges in setting the salaries of the judges. Before raising a salary the commissioners court must publish notice containing information of the salaries affected and the amount of the proposed raise in a newspaper of general circulation in the county. The commissioners court may raise the salaries of the county court at law judges only after 10 days' notice and only at a regular meeting of the commissioners court.
(k) A special judge for the County Court at Law No. 2, 3, or 5 may be appointed or elected in the manner provided by general law for the appointment or election of a special district or county judge. A special judge is entitled to receive for services performed the same rate of compensation as the regular judge. The compensation shall be paid out of the county's general fund by warrants drawn on the county treasury on order of the commissioners court. The compensation paid a special judge may not be deducted from the salary of the regular judge.
(l) If the judge of the County Court at Law No. 4, 6, 7, 8, 9, 10, 11, or 12 is absent, disabled, or disqualified from presiding, a special judge may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. A special judge must take the oath of office required by law for the regular judge. A special judge has the power and jurisdiction of the court and of the regular judge for whom the special judge is sitting and may sign orders, judgments, decrees, and other process of any kind as "Judge Presiding." A special judge is entitled to receive for services performed the same amount of compensation as the regular judge, to be paid out of county funds. The compensation paid a special judge may not be deducted from the salary of the regular judge.
(m) The county sheriff shall, in person or by deputy, attend the County Court at Law No. 2 as required by the judge. The county sheriff serves the county courts at law as provided by Section 25.0010(b).
(n) The criminal district attorney shall attend the County Court at Law No. 4, 6, 7, 8, 9, 10, 11, or 12 as required by the judge. The criminal district attorney serves the county courts at law as provided by Section 25.0010(b).
(o) The judge of the County Court at Law No. 4 or 6 may appoint a court coordinator or administrative assistant for the court. The judge of the County Court at Law No. 7, 8, 9, 10, 11, or 12 may, with the approval of the commissioners court, appoint a court coordinator or administrative assistant for the court. A court coordinator or administrative assistant performs the duties prescribed by the judge and cooperates with the administrative judges and state agencies for the uniform and efficient operation of the courts and the administration of justice. The court coordinator or administrative assistant is entitled to be paid from county funds the compensation, fees, and allowances that are set by the commissioners court or as otherwise provided by law. These provisions are in addition to the provisions in Subchapter F, Chapter 75.
(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 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.
(q) The county sheriff shall appoint a deputy sheriff for each county court at law. An appointment of a deputy sheriff 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 is assigned and the deputy serves at the pleasure of the judge of the court to which he is appointed. A deputy sheriff must take the constitutional oath of office and may be required to furnish bond in an amount, conditioned and payable, as required by the sheriff. A deputy sheriff must attend all sessions of the court to which the deputy is assigned. A deputy sheriff acts in the name of the sheriff and may perform any official act or service required of the sheriff and shall perform any other service required by the judge of the county court at law. The deputy sheriffs 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 sheriff shall immediately appoint another deputy as provided by this subsection. A deputy sheriff of a county court at law is entitled to the same amount of compensation as received by the deputies of the other county courts at law in Bexar County. The commissioners court shall pay the salary of a deputy sheriff in equal monthly installments from county funds.
(r) The assistant prosecuting attorneys of the County Courts at Law Nos. 2, 3, and 5 are entitled to receive equal amounts of compensation to be paid in equal monthly installments by warrants drawn against the county's general fund on order of the commissioners court.
(s) Practice in a county court at law is that prescribed by law for county courts. Appeals and writs of error may be taken from judgments and orders of a county court at law, in civil and criminal cases, in the manner prescribed by law relating to appeals and writs of error from a county court. Appeals may be taken from interlocutory orders of a county court at law appointing a receiver, overruling a motion to vacate, or overruling an order appointing a receiver, and the procedure and manner in which appeals from interlocutory orders are taken are governed by the laws relating to the appeals from similar orders of district courts.
(t) The jurisdiction and authority for the service and selection of jurors prescribed by law for a county court applies to the County Court at Law No. 2.
(u) The official court reporter of a county court at law is entitled to receive an annual salary set by the judge and approved by the commissioners court at an amount not less than $35,256. The official court reporter's fee shall be taxed as costs in civil actions in County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 in the same manner as that fee is taxed in district court. In County Court at Law No. 2, the clerk collects the official court reporters' fee of $3 and pays it into the county treasury in the same manner as district clerks are required to collect and pay costs.
(v) Section 25.0006(a) does not apply to County Courts at Law Nos. 4, 6, 7, 8, 9, 10, 11, and 12 of Bexar County. Section 25.0006(b) does not apply to County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of Bexar County.
(w) This section does not apply to the County Court at Law No. 1 and Probate Court.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.05(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 410, § 2, 3, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1066, § 1, eff. June 14, 1989; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1999, 76th Leg., ch. 42, § 2, eff. Sept. 1, 1999.
§ 25.0173. BEXAR COUNTY PROBATE COURTS. (a) A statutory probate court in Bexar County has the general jurisdiction of a probate court as provided by Section 25.0021. Probate Courts Nos. 1 and 2 have eminent domain jurisdiction and jurisdiction to decide the issue of title to real or personal property. Notwithstanding the local rules adopted under Section 74.093, the county clerk shall docket all eminent domain cases equally in Probate Court No. 1 and Probate Court No. 2.
(b) Repealed by Acts 1999, 76th Leg., ch. 42, § 4, eff. Sept. 1, 1999. (c) A statutory probate court has six terms of court beginning on the first Mondays in January, March, May, July, September, and November.
(d) The judge of a statutory probate court must: (1) be well informed in the laws of the state; and (2) have been a licensed and practicing member of the state bar for at least five years.
(e) A bond is not required of a judge of a statutory probate court. (f) The judge of a statutory probate court shall be paid an annual salary in an amount not less than the total annual salary, including supplements, received by the judge of a district court in the county.
(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 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.
(h) The county sheriff shall appoint a deputy sheriff 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 is appointed. A deputy sheriff serves at the pleasure of the court to which the deputy is appointed. A deputy sheriff must take the constitutional oath of office and may be required to furnish a bond in an amount, conditioned and payable, as required by the sheriff. A deputy sheriff acts in the name of the sheriff and may perform any official act or service required of the sheriff and shall perform any other service required by the judge of a statutory probate court. A deputy sheriff must attend all sessions of the court to which he is assigned. The deputy sheriffs may act for one another in performing services for the statutory probate courts, but a deputy is not entitled to receive additional compensation for acting for another deputy. A deputy sheriff is entitled to receive an annual salary set by the judge at an amount that does not exceed the amount paid the deputy sheriffs 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 sheriffs.
(i) Practice and procedure in a statutory probate court are as prescribed by law for county courts.
(j) Appeals may be taken from interlocutory orders appointing a receiver and overruling a motion to vacate an order appointing a receiver in Probate Court No. 2. The procedure and manner in which appeals from interlocutory orders are taken are governed by the laws relating to appeals from similar orders of district courts.
(k) The judge of a statutory probate court may appoint an administrative assistant and an auditor to aid in the performance of the judge's duty. The administrative assistant and auditor are each entitled to receive a salary set by the judge and approved by the commissioners court to be paid monthly out of the county's general fund or any fund available for the purpose. An order recognizing the appointment of an assistant and auditor and approving the salary of each shall be entered on the minutes of the court. The appointment continues until changed by order of the judge of the court in which the administrative assistant and auditor serve.
(l) The official court reporter of a statutory probate court is entitled to receive an annual salary set by the judge and approved by the commissioners court at an amount not less than $35,256.
(m) Repealed by Acts 1991, 72nd Leg., ch. 394, § 4, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991.
(n) Probate Court No. 1 has primary responsibility for mental illness proceedings.
(o) Notwithstanding the local rules adopted under Section 74.093, the county clerk shall docket all mental health matters in Probate Court No. 1 and shall docket all even-numbered probate cases in Probate Court No. 2 and all odd-numbered probate cases in Probate Court No. 1.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 410, § 4, 5, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 394, § 4, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1999, 76th Leg., ch. 42, § 3, 4, eff. Sept. 1, 1999.
§ 25.0211. BOWIE COUNTY. Bowie County has one statutory county court, the County Court at Law of Bowie County.
Added by Acts 1999, 76th Leg., ch. 1144, § 1, eff. Jan. 1, 2001.
§ 25.0212. BOWIE COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction provided by Section 25.0003 and other law and except as limited by Subsection (b), a county court at law in Bowie County has, concurrent with the district court, the jurisdiction provided by the constitution and by general law for district courts.
(b) A county court at law does not have general supervisory control or appellate review of the commissioners court or jurisdiction of:
(1) felony criminal matters; (2) suits on behalf of the state to recover penalties or escheated property;
(3) misdemeanors involving official misconduct; (4) contested elections; or (5) civil cases in which the matter in controversy exceeds $100,000, excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs, as alleged on the face of the petition.
(c) The judge of a county court at law must have the same qualifications as those required by law for a district judge.
(d) The judge of a county court at law shall be paid an annual salary that is at least equal to 60 percent, but does not exceed 80 percent, of the annual salary that is paid to a district judge in Bowie County, including any supplements or contributions payable by the state or Bowie County. The salary shall be paid from the same fund and in the same manner as other county officials in Bowie County are paid.
(e) The judge of a county court at law may not engage in the private practice of law.
(f) The commissioners court may authorize the judge of a county court at law to set the official court reporter's salary.
(g) At the request of the judge of a county court at law, jurors regularly impaneled by the district court for a week may be made available and shall serve for the week in the county court at law.
(h) The district clerk serves as clerk of a county court at law in matters of concurrent jurisdiction with the district courts, and the county clerk serves as clerk of a county court at law in all other matters. Each clerk shall establish a separate docket for a county court at law.
Added by Acts 1999, 76th Leg., ch. 1144, § 1, eff. Jan. 1, 2001.
§ 25.0221. BRAZORIA COUNTY. Brazoria County has the following statutory county courts:
(1) County Court at Law No. 1 and Probate Court of Brazoria County; (2) County Court at Law No. 2 and Probate Court of Brazoria County; (3) County Court at Law No. 3 and Probate Court of Brazoria County; and (4) County Court at Law No. 4 and Probate Court of Brazoria County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 2005, 79th Leg., ch. 229, § 1, eff. Sept. 1, 2005.
§ 25.0222. BRAZORIA STATUTORY COUNTY COURT PROVISIONS. (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 $100,000, excluding interest, statutory damages and penalties, and attorney's fees and costs, as alleged on the face of the petition;
(2) appeals of final rulings and decisions of the division of workers' compensation of the Texas Department of Insurance regarding workers' compensation claims, regardless of the amount in controversy; and
(3) family law cases and proceedings and juvenile jurisdiction under Section 23.001.
(b) A statutory county court may enforce an order of the family district court for the 300th Judicial District relating to a family law matter.
(c) A statutory county court shall be primarily responsible for and give preference to:
(1) cases in which its jurisdiction is concurrent with the county court; (2) eminent domain proceedings and cases; (3) proceedings under Title 3 of the Family Code; and (4) civil cases in which the amount in controversy does not exceed $20,000, excluding interest.
(d) The commissioners court, by order entered of record, shall set at least four terms a year for each statutory county court.
(e) A judge of a statutory county court must have the qualifications required by law for a district judge.
(f) A judge of a statutory county court shall be paid annual compensation in an amount that is not less than the amount that is $1,000 less than the annual salary paid to the district judges of the county from all sources. The salary shall be paid out of the county treasury on order of the commissioners court.
(g) In addition to the fees assessed under Section 25.0008, a statutory county court judge shall assess the fees prescribed by law for district judges according to the nature of the matter.
(h) A judge may be removed from office in the same manner and for the same reasons as a district judge.
(i) A judge of a statutory county court may not engage in the private practice of law.
(j) 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. A special judge must have the same qualifications and is entitled to the same rate of compensation as the regular judge.
(k) The district clerk serves as clerk of the statutory county courts in cases instituted in the district courts in which the district courts and statutory county courts have concurrent jurisdiction, and the county clerk serves as clerk for all other cases. The commissioners court may employ as many additional assistant criminal district attorneys, deputy sheriffs, and deputy clerks as are necessary to serve the statutory county courts.
(l) The official court reporter of a statutory county court is entitled to the same compensation as the reporters of the district courts of Brazoria County, to be paid by the county treasurer out of the general fund of the county.
(m) When a jury trial is requested in a case of concurrent jurisdiction between the district courts and statutory county courts, and the case was instituted in district court, the jury shall be composed of 12 members. In all other cases in which a jury trial is requested in the statutory county courts the jury shall be composed of six jurors.
(n) Jurors regularly impaneled for the week by the district courts of Brazoria County may, at the request of the judge of a statutory county court, be made available by the district judges in the numbers requested and shall serve for the week in the statutory county court.
(o) Repealed by Acts 1991, 72nd Leg., ch. 394, § 4, eff. Aug. 26, 1991. (p) In addition to other assignments provided by law, a judge of a statutory county court in Brazoria County is subject to assignment under Subchapter C, Chapter 74, to any county in the Second Administrative Judicial Region other than Harris County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.03, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 394, § 4, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 726, § 1, 2, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 13, eff. Oct. 1, 1991; Acts 2005, 79th Leg., ch. 265, § 6.003, eff. Sept. 1, 2005.
§ 25.0231. BRAZOS COUNTY. Brazos County has the following statutory county courts:
(1) County Court at Law No. 1 of Brazos County; and (2) County Court at Law No. 2 of Brazos County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.06(a), eff. Aug. 28, 1989.
§ 25.0232. BRAZOS 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 Brazos County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) A county court at law has the same terms of court as the County Court of Brazos County.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law may not engage in the private practice of law.
(e) The judge of a county court at law shall be paid an annual salary that is at least equal to the amount paid the county judge. The salary shall be paid from the same fund and in the same manner as other county officials are paid. The judge is entitled to travel and necessary office expenses, including administrative and clerical assistance, in the same manner as the county judge.
(f) A special judge of a county court at law with the same qualifications as the regular judge may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. If a judge 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 for the case. A special judge is entitled to the same rate of compensation as the regular judge.
(g) The district clerk serves as clerk of a county court at law in matters of concurrent jurisdiction with the district court, and the county clerk serves as clerk of a county court at law in all other cases.
(h) Practice in a county court at law is that prescribed by law for county courts.
(i) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a county court at law. Jurors regularly impaneled for a week by the district court may, on request of a judge of a county court at law, be made available and shall serve for the week in the judge's court.
(j) Section 25.0008 does not apply to a county court at law in Brazos County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 14, 70, eff. Oct. 1, 1991.
§ 25.0271. BROWN COUNTY. Brown County has one statutory county court, the County Court at Law of Brown County.
Added by Acts 2001, 77th Leg., ch. 513, § 1, eff. Aug. 27, 2001.
§ 25.0272. BROWN COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law of Brown County has concurrent jurisdiction with the district court in:
(1) family law cases and proceedings; and (2) felony criminal cases. (b) The commissioners court by order entered of record shall set at least two terms of court each year for each county court at law.
(c) A judge of a county court at law may not engage in the private practice of law.
(d) The salary of a judge of a county court at law shall be set by the commissioners court in accordance with law and shall be paid out of the county treasury on orders from the commissioners court.
(e) A special judge of a county court at law may be appointed in the manner provided by law for the appointment of a special county judge. A special judge must have the same qualifications and is entitled to the same rate of compensation as the regular judge.
(f) The district clerk serves as the clerk of a county court at law in matters in which the county court at law has concurrent jurisdiction with the district court. The county clerk serves as the clerk of a county court at law in all other matters.
Added by Acts 2001, 77th Leg., ch. 513, § 1, eff. Aug. 27, 2001.
§ 25.0291. BURNET COUNTY. Burnet County has one statutory county court, the County Court at Law of Burnet County.
Added by Acts 1997, 75th Leg., ch. 1003, § 1, eff. Sept. 1, 1997.
§ 25.0292. BURNET COUNTY COURT AT LAW PROVISIONS. (a) Except as provided by Subsection (k), in addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law in Burnet County has concurrent jurisdiction with the district court in family law cases and proceedings, including juvenile cases.
(b) A county court at law has the same terms of court as the County Court of Burnet County.
(c) A special judge of a county court at law may be appointed or elected in the manner provided by law for the appointment or election of a special county judge.
(d) 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 clerk of a county court at law in all other cases. The district clerk shall establish a separate docket for each county court at law.
(e) Except as provided by Subsection (f), a judge of a 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 of the judge shall be paid in equal monthly installments out of the county treasury by the commissioners court.
(f) The Commissioners Court of Burnet County shall set the salary of each judge of a county court at law who engages in the private practice of law or in whose court fees and costs under Sections 51.702(a) and (b) are not collected.
(g) The county sheriff, in person or by deputy, shall attend a county court at law as required by the judge.
(h) Practice in a county court at law is that prescribed by law for county courts, except that practice and procedure, rules of evidence, issuance of process and writs, and all other matters pertaining to the conduct of trials and hearings in a county court at law involving family law cases and proceedings are governed by this section and the laws and rules pertaining to district courts. If a family law case or proceeding is tried before a jury, the jury shall be composed of 12 members.
(i) The laws governing the drawing, selection, and service of jurors for a county court apply to a county court at law. On request of the county judge or the judge of a county court at law, jurors regularly impaneled for a week by the district court may be made available and shall serve for the week in the county court or a county court at law.
(j) The official court reporter of a county court at law is a sworn officer of the court who holds office at the pleasure of the court. The official court reporter of a county court at law is entitled to receive compensation in an amount that is at least equal to the compensation received by the lowest-paid official court reporter in the district court in the county. The compensation shall be paid in the same manner as compensation for a district court reporter is paid.
(k) Section 25.0003(c)(2) does not apply to a county court at law in Burnet County.
Added by Acts 1997, 75th Leg., ch. 1003, § 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 582, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 616, § 3, eff. Sept. 1, 2003.
§ 25.0301. CALDWELL COUNTY. Caldwell County has one statutory county court, the County Court at Law of Caldwell County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.0302. CALDWELL 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 Caldwell County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) A county court at law has the same terms of court as the County Court of Caldwell County.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) A special judge of a county court at law may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. If the judge of a county court at law 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 for the case. A special judge is entitled to the same rate of compensation as the regular judge.
(e) The district clerk serves as clerk of a county court at law in family law cases and proceedings, and the county clerk serves as clerk of the court in all other cases and proceedings. The district clerk shall establish a separate docket for a county court at law. The commissioners court may employ the assistant district attorneys, deputy sheriffs, and bailiffs necessary to serve each county court at law.
(f) Practice in a county court at law is that prescribed by law for county courts, except that practice and procedure, rules of evidence, issuance of process and writs, and all other matters pertaining to the conduct of trials and hearings in a county court at law involving family law cases and proceedings shall be governed by this section and the laws and rules pertaining to district courts. If a family law case or proceeding is tried before a jury, the jury shall be composed of 12 members.
(g) The laws governing the drawing, selection, and service of jurors for a county court apply to a county court at law. On request of the county judge or the judge of a county court at law, jurors regularly impaneled for a week by the district court may be made available and shall serve for the week in either the county court or a county court at law.
(h) Section 25.0005(b) does not apply to a county court at law in Caldwell County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 15, 70, eff. Oct. 1, 1991.
§ 25.0311. CALHOUN COUNTY. Calhoun County has one statutory county court, the County Court at Law No. 1 of Calhoun County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.0312. CALHOUN COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction provided by Section 25.0003 and other law, and except as limited by Subsection (b), a county court at law in Calhoun County has the jurisdiction provided by the constitution and by general law for district courts.
(b) A county court at law does not have general supervisory control or appellate review of the commissioners court or jurisdiction of:
(1) felony cases other than writs of habeas corpus; (2) misdemeanors involving official misconduct; (3) contested elections; or (4) appeals from county court. (c) A county court at law has a term of court that begins January 1 and ends December 31 of each year.
(d) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (e) The judge of a county court at law may not engage in the private practice of law.
(f) The salary of the judge of a county court at law shall be paid semimonthly in equal installments by the county treasurer on order of the commissioners court. The judge is entitled to travel expenses and necessary office expenses, including administrative and clerical assistance, as authorized by the commissioners court.
(g) The official court reporter of a county court at law is entitled to receive a salary set by the commissioners court. The salary shall be paid semimonthly by the commissioners court out of funds available for that purpose.
(h), (i) Repealed by Acts 1989, 71st Leg., ch. 1134, § 8, eff. Sept. 1, 1989.
(j) Jurors summoned for the county court, a county court at law, or a district court in the county may by order of the judge of the court to which they are summoned be transferred to another court for service and may be used as if summoned for the court to which they are transferred.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.07(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1134, § 1 to 8, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991.
§ 25.0331. CAMERON COUNTY. (a) Cameron County has the following statutory county courts:
(1) County Court at Law No. 1 of Cameron County; (2) County Court at Law No. 2 of Cameron County; and (3) County Court at Law No. 3 of Cameron County. (b) The county courts at law of Cameron County sit in Brownsville.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1444, § 1, eff. Sept. 1, 1997.
§ 25.0332. CAMERON 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 Cameron 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 civil cases in which the amount in controversy exceeds $500 but does not exceed $1 million, excluding interest.
(b) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (c) An appeal or writ of error may not be taken to a court of appeals from a final judgment of a county court at law if:
(1) the court had original or appellate jurisdiction with the justice court; and
(2) the judgment or amount in controversy does not exceed $100, excluding interest and costs.
(d) Appeals from the justice court and other inferior courts in Cameron County must be made directly to a county court at law.
(e) A county court at law has six terms of court a year beginning on the first Mondays of January, March, May, July, September, and November.
(f) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (g) The judge of a county court at law may not engage in the private practice of law.
(h) The judge of a county court at law shall be paid an annual salary that does not exceed 90 percent of the amount paid district judges in the county. The salary shall be paid out of the county treasury on orders of the commissioners court.
(i) A special judge of a county court at law may be appointed or elected as provided by law for special county judges. A special judge of a county court at law shall be compensated as provided by law for special county judges.
(j) The county clerk may appoint a deputy to attend the county courts at law.
(k) The county sheriff shall, either in person or by deputy, attend the County Court at Law No. 1 of Cameron County as required by the judge. The county sheriff serves the other county courts at law as provided by Section 25.0010(b).
(l) The jurisdiction and authority vested by law in the county court for the drawing, selection, and service of jurors shall be exercised by the county courts at law. Jurors summoned for the county court or a county court at law may, by order of the judge of the court to which they were summoned, be transferred to any of the other courts for service and may be used as if summoned by the court to which they were transferred. If the judges of the county court and county courts at law agree, jurors may be summoned for service in all of the courts and used interchangeably in the courts.
(m) Jurors regularly impaneled for the week by the district courts may, on request of the county judge or a judge of a county court at law, be made available by the district judge in the numbers requested for service for the week in the county court or county courts at law. The jurors shall serve in the county court or county courts at law as if they had been drawn and selected for that court.
(n) Section 25.0006(a) does not apply to County Court at Law No. 1 of Cameron County. Section 25.0008 does not apply to County Court at Law No. 2 of Cameron County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 688, § 1, eff. June 16, 1991; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 1444, § 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 777, § 1, eff. Sept. 1, 1999.
§ 25.0361. CASS COUNTY. Cass County has one statutory county court, the County Court at Law of Cass County.
Added by Acts 2005, 79th Leg., ch. 16, § 1, eff. May 3, 2005.
§ 25.0362. CASS COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction provided by Section 25.0003 and other law and except as limited by Subsection (b), a county court at law in Cass County has the jurisdiction provided by the constitution and by general law for district courts, including concurrent jurisdiction in:
(1) misdemeanor cases; (2) arraignments, pleas, and pre-trial motions for felony cases; (3) trials for felony cases transferred from a district court in Cass County to the county court at law on agreement of the county court at law judge;
(4) family law cases and proceedings, including juvenile matters; and (5) appeals from justice courts and from the county court in misdemeanor cases.
(b) A county court at law does not have general supervisory control or appellate review of the commissioners court or jurisdiction of:
(1) misdemeanors involving official misconduct; (2) suits on behalf of the state to recover penalties or escheated property;
(3) contested elections; (4) suits in which the county is a party; or (5) felony cases involving capital murder. (c) The judge of a county court at law may not engage in the private practice of law.
(d) The district clerk serves as clerk of a county court at law except that the county clerk serves as clerk of a county court at law in probate matters.
(e) The clerk of a county court at law in Cass County shall collect the additional fees and costs required under Section 51.702.
(f) Except as otherwise provided by this subsection, a jury in a county court at law shall be composed of six members unless the constitution requires a 12-member jury. Failure to object before a six-member jury is seated and sworn constitutes a waiver of a 12-member jury. In matters in which the constitution does not require a 12-member jury and the county court at law has concurrent jurisdiction with the district court, the jury may be composed of 12 members if a party to the suit requests a 12-member jury and the judge of the court consents. In a civil case tried in a county court at law, the parties may, by mutual agreement and with the consent of the judge, agree to try the case with any number of jurors and have a verdict rendered and returned by the vote of any number of those jurors that is less than the total number of jurors.
(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 24.303.
(h) The judge of a county court at law in Cass County is entitled to a budget for travel and continuing education in an amount that is at least equal to the amount budgeted to the county judge for travel and continuing education.
Added by Acts 2005, 79th Leg., ch. 16, § 1, eff. May 3, 2005.
§ 25.0391. CHEROKEE COUNTY. (a) Cherokee County has one statutory county court, the County Court at Law of Cherokee County.
(b) A county court at law of Cherokee County sits in Rusk.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.0392. CHEROKEE 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 Cherokee County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) A county court at law has terms beginning on the first Mondays of March and September.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law may not engage in the private practice of law.
(e) The salary of the judge of a county court at law shall be paid out of the county treasury by the commissioners court. The judge is entitled to travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as is allowed the county judge.
(f) A special judge of a county court at law with the same qualifications as the regular judge may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. If the judge of a county court at law 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 for the case. A special judge is entitled to the same rate of compensation as the regular judge.
(g) The district clerk serves as clerk of the court in family law cases and proceedings and the county clerk serves as clerk for all other cases. The district clerk shall establish a separate docket for a county court at law. The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve the court.
(h) The judge of a county court at law may appoint an official court reporter or the judge may contract for the services of a court reporter under guidelines established by the commissioners court.
(i) Practice in a county court at law is that prescribed by law for county courts, except that practice and procedure, rules of evidence, issuance of process and writs, and other matters pertaining to the conduct of trials and hearings in a county court at law involving family law cases and proceedings are governed by this section and the laws and rules pertaining to district courts, as well as county courts. If a family law case or proceeding is tried before a jury, the jury shall be composed of 12 members.
(j) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a county court at law.
(k) Jurors regularly impaneled for the week by the district courts, on request of the judge of a county court at law, may be made available and shall serve for the week in the county court at law.
(l) An appeal from a justice court or other court of inferior jurisdiction must be made directly to a county court at law or the county court unless otherwise provided by law.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 16, 70, eff. Oct. 1, 1991.
§ 25.0451. COLLIN COUNTY. (a) Collin County has the following statutory county courts:
(1) County Court at Law No. 1 of Collin County; (2) County Court at Law No. 2 of Collin County; (3) County Court at Law No. 3 of Collin County; (4) County Court at Law No. 4 of Collin County; (5) County Court at Law No. 5 of Collin County; and (6) County Court at Law No. 6 of Collin County. (b) Collin County has one statutory probate court, the Probate Court No. 1 of Collin County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 504, § 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 45, § 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 692, § 1, eff. Jan. 1, 2003; Acts 2003, 78th Leg., ch. 377, § 1(a), eff. Jan. 1, 2005.
§ 25.0452. COLLIN COUNTY COURT AT LAW PROVISIONS. (a) The salary of a judge of a county court at law shall be paid out of the county treasury on orders of the commissioners court.
(b) The judge of a county court at law shall diligently discharge the duties of the judge's office on a full-time basis and may not engage in the private practice of law.
(c) Practice in the county courts at law is that prescribed by law for county courts.
(d) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to the county courts at law.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1995, 74th Leg., ch. 504, § 2, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 692, § 2, eff. Sept. 1, 2001.
§ 25.0453. COLLIN COUNTY STATUTORY PROBATE COURT PROVISIONS. (a) The judge of a statutory probate court in Collin County must:
(1) be at least 25 years of age; (2) have resided in the county for at least two years preceding the date of election or appointment;
(3) be licensed to practice law in this state; and (4) have practiced law or served as a judge in this state, or both combined, for the five years preceding the date of election or appointment.
(b) The salary of a judge of a statutory probate court shall be paid out of the county treasury on orders of the commissioners court.
(c) The judge of a statutory probate court shall diligently discharge the duties of the judge's office on a full-time basis and may not engage in the private practice of law.
(d) Practice for a statutory probate court is that prescribed by law for county courts.
(e) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a statutory probate court.
(f) A statutory probate court has the general jurisdiction of a probate court as provided by Section 25.0021.
Added by Acts 2001, 77th Leg., ch. 692, § 3, eff. Sept. 1, 2001.
§ 25.0481. COMAL COUNTY. Comal County has the following statutory county courts:
(1) County Court at Law No. 1 of Comal County; and (2) County Court at Law No. 2 of Comal County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 377, § 2(a), eff. Sept. 1, 2003.
§ 25.0482. COMAL 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 Comal County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) The terms of a county court at law are the same as the terms of the county court of Comal County.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law may not engage in the private practice of law.
(e) A special judge of a county court at law may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. If a judge of a county court at law is disqualified, the parties or their attorneys may agree on the selection of a special judge for the case. A special judge is entitled to the same rate of compensation as the regular judge.
(f) The district clerk serves as clerk of a county court at law for family law cases and proceedings, and the county clerk serves as clerk for all other cases and proceedings. The district clerk shall establish a separate docket for a county court at law. The commissioners court may employ as many assistant county attorneys, deputy sheriffs, and bailiffs as are necessary to serve the county courts at law.
(g) Practice in a county court at law is that prescribed by law for county courts, except that practice and procedure, rules of evidence, issuance of process and writs, and all other matters pertaining to the conduct of trials and hearings in a county court at law involving family law cases and proceedings are governed by this section and the laws and rules relating to district courts as well as county courts. If a family law case or proceeding is tried before a jury, the jury shall be composed of 12 members.
(h) The law relating to drawing, selection, and service of jurors in the county court applies to a county court at law. Jurors regularly impaneled for a week by the district court may, on request of the county judge or the judge of a county court at law, be made available and shall serve for the week in the county court or a county court at law.
(i) Section 25.0005(b) does not apply to a county court at law in Comal County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 17, 70, eff. Oct. 1, 1991.
§ 25.0511. COOKE COUNTY. Cooke County has one statutory county court, the County Court at Law of Cooke County.
Added by Acts 2001, 77th Leg., ch. 535, § 1, eff. Dec. 1, 2001.
§ 25.0512. COOKE COUNTY COURT AT LAW PROVISIONS. (a) In addition to meeting the qualifications of office in Section 25.0014, the judge of a county court at law in Cooke County must meet the qualifications of office for a district judge provided by Section 7, Article V, Texas Constitution.
(b) The judge of a county court at law may not engage in the private practice of law.
(c) The judge of a county court at law shall be paid annual compensation equal to the annual compensation, including all supplements, paid from any public source to a district judge in the county. The salary of the judge of a county court at law shall be paid in equal installments at least monthly.
(d) The commissioners court, on proper request by the appropriate official in charge of a department, may employ as many additional assistant attorneys, deputy sheriffs, and deputy clerks as are shown to the commissioners court's satisfaction to be necessary to serve each county court at law.
(e) A court officer appointed by the judge of a county court at law shall be sworn by the judge by an oath in the general form provided by law for appointed officials. The judge shall modify the oath to apply to the particular officer and duties or to conform to any statutory oath required for the particular position.
(f) An official court reporter of a county court at law may be paid: (1) annual compensation equal to the annual compensation paid the official court reporters serving each district court in Cooke County; and
(2) any longevity pay to which the reporter is entitled under a county compensation program.
(g) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a county court at law. Jurors regularly impaneled for a week by the district court may, on request of the judge of a county court at law, be made available and shall serve for the week in a county court at law. The jury in a county court at law is composed of six members.
(h) Practice and procedure, appeals, and writs of error in a county court at law are as prescribed by law for county courts, except that practice and procedure, rules of evidence, and all other matters pertaining to the conduct of trials and hearings in a county court at law, other than the number of jurors, that involve eminent domain cases and cases in which a district court and county court at law have concurrent jurisdiction are governed by the laws and rules pertaining to district courts.
(i) The judges of each district court and county court at law in Cooke County may enter joint local administrative orders providing for the exchange of benches in cases in which a district court and county court at law have concurrent jurisdiction.
Added by Acts 2001, 77th Leg., ch. 535, § 1, eff. Dec. 1, 2001.
§ 25.0521. CORYELL COUNTY. Coryell County has one statutory county court, the County Court at Law of Coryell County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.0522. CORYELL 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 Coryell 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 family law cases and proceedings.
(b) The commissioners court by order entered of record shall set at least four terms a year for a county court at law.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law may engage in the private practice of law.
(e) The salary of a judge of a county court at law shall be paid out of the county treasury on orders of the commissioners court.
(f) A special judge of a county court at law may be appointed in the manner provided by law for the appointment of a special county judge. A special judge must have the same qualifications, and is entitled to the same rate of compensation, as the regular judge.
(g) Practice in a county court at law must conform to that prescribed by law for county courts.
(h) Sections 25.0007 and 25.0011 do not apply to a county court at law in Coryell County.
(i) Notwithstanding Section 25.0521, the County Court at Law of Coryell County is created October 1, 1992, or on an earlier date determined by the commissioners court by an order entered in its minutes.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 18, 70, eff. Oct. 1, 1991.
§ 25.0591. DALLAS COUNTY. (a) Dallas County has the following county courts at law:
(1) County Court of Dallas County at Law No. 1; (2) County Court of Dallas County at Law No. 2; (3) County Court of Dallas County at Law Number 3; (4) County Court of Dallas County at Law Number 4; and (5) County Court of Dallas County at Law No. 5. (b) Dallas County has the following county criminal courts: (1) County Criminal Court of Dallas County, Texas; (2) County Criminal Court No. 2 of Dallas County, Texas; (3) County Criminal Court No. 3 of Dallas County, Texas; (4) County Criminal Court Number Four of Dallas County, Texas; (5) County Criminal Court Number Five of Dallas County, Texas; (6) County Criminal Court Number 6 of Dallas County, Texas; (7) County Criminal Court Number 7 of Dallas County, Texas; (8) County Criminal Court No. 8 of Dallas County, Texas; (9) County Criminal Court No. 9 of Dallas County, Texas; (10) County Criminal Court No. 10 of Dallas County, Texas; and (11) County Criminal Court No. 11 of Dallas County, Texas. (c) Dallas County has the following county criminal courts of appeals: (1) County Criminal Court of Appeals of Dallas County, Texas; and (2) County Criminal Court of Appeals No. 2 of Dallas County, Texas. (d) Dallas County has the following statutory probate courts: (1) Probate Court of Dallas County; (2) Probate Court Number 2 of Dallas County; and (3) Probate Court Number 3 of Dallas County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 1315, § 1, eff. Sept. 1, 1999.
§ 25.0592. DALLAS 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 Dallas County has concurrent jurisdiction with the district court in civil cases regardless of the amount in controversy.
(b) The terms of the County Courts of Dallas County at Law Nos. 1, 3, and 5 begin on the first Mondays of January, March, May, July, September, and November. The terms of the County Courts of Dallas County at Law Nos. 2 and 4 begin on the first Mondays of February, April, June, August, October, and December.
(c) If a civil cause or proceeding that could have been filed in a civil district court of Dallas County is filed in a county court at law in Dallas County and the county court at law does not have subject matter jurisdiction over the cause or proceeding, the filing, docketing, or assignment of the cause or proceeding in or to a county court at law is considered a clerical error, and that clerical error shall be corrected by a judgment or order nunc pro tunc. The cause or proceeding is considered filed, docketed, or assigned to the district court of the local administrative judge in the first instance rather than to a county court at law in Dallas County. The judge of a county court at law in Dallas County who acts in the cause or proceeding is considered assigned to the district court of the local administrative judge for that purpose and has all the powers of the judge of that district court under the assignment.
(d) Notwithstanding Section 31.004, Civil Practice and Remedies Code, a judgment or determination of fact or law in a proceeding in a county court at law in Dallas County is res judicata and constitutes a basis for collateral estoppel in a proceeding in any other court, except for appeals from other tribunals.
(e) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (f) A bond is not required of a judge of a county court at law. (g) A judge of a county court at law shall be paid an annual salary that is not less than $1,000 less than the total annual salary, including supplements, received by a district judge in the county. The salary shall be paid out of the county treasury by the commissioners court.
(h) A judge of a county court at law shall devote his entire time to the duties of office and may not engage in the practice of law.
(i) A special judge of a county court at law may be appointed or elected in the manner provided by law for the election or appointment of a special county judge.
(j) The selection and service of jurors for, practice in, and appeals and writs of error from, a county court at law must conform to that prescribed by law for county courts.
(k) The county sheriff shall, in person or by deputy, attend the County Court of Dallas County at Law No. 1 as required by the judge. The county sheriff serves the county courts at law as provided by Section 25.0010(b).
(l) Sections 25.0006 and 25.0007 do not apply to a county court at law in Dallas County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.04, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 237, § 1, eff. May 23, 1997.
§ 25.0593. DALLAS COUNTY CRIMINAL COURT PROVISIONS. (a) A county criminal court in Dallas County has the criminal jurisdiction, original and appellate, provided by the constitution and law for county courts and concurrent jurisdiction with county courts at law for Dallas County to hear appeals of the suspension of driver's licenses and original proceedings regarding occupational driver's licenses.
(b) The County Criminal Court No. 11 of Dallas County, Texas, shall give preference to cases designated by an order signed by a majority of the judges of the county criminal courts of Dallas County.
(c) A judge of a county criminal court shall be paid an annual salary that is not less than $1,000 less than the total annual salary, including supplements, received by a district judge in the county. The salary shall be paid out of the county treasury by the commissioners court.
(d) A judge of a county criminal court shall devote his entire time to the duties of office and may not engage in the practice of law.
(e) A county criminal court or its judge may issue writs of habeas corpus and grant injunctions for the enforcement of the penal laws in cases in which the offense charged is within the jurisdiction of the court or any court or tribunal of inferior jurisdiction. A county criminal court or its judge may punish for contempt as prescribed by general law.
(f) The commissioners court, in the manner provided by law for setting terms of county courts, shall set at least four terms of court each year for each county criminal court.
(g) Practice in a county criminal court and appeals from a county criminal court are as provided by law for county courts.
(h) A special judge of a county criminal court may be appointed or elected in the manner provided by law for the appointment or election of a special county judge.
(i) The judge of a county criminal court shall employ an administrative assistant to aid the judge in the performance of the judge's duties. The commissioners court shall set the administrative assistant's salary.
(j) The county sheriff shall, in person or by deputy, attend a county criminal court as required by the judge.
(k) The official court reporter of a county criminal court is not required to take testimony in a case unless the judge or a party demands that testimony be taken. If the court reporter takes testimony, the clerk shall collect a $3 fee as costs in the case. The fee shall be paid into the county treasury.
(l) The official court reporter of County Criminal Court No. 4, 5, 6, 7, 8, 9, or 10 of Dallas County, Texas, is entitled to receive the same fees and salary as a district court reporter.
(m) Sections 25.0003(a) and (c) do not apply to a county criminal court in Dallas County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 5, § 2(a), eff. March 22, 1989; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 186, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1315, § 2, eff. Sept. 1, 1999.
§ 25.0594. DALLAS COUNTY CRIMINAL COURT OF APPEALS PROVISIONS. (a) A county criminal court of appeals in Dallas County has:
(1) sole jurisdiction in the county of all appeals from criminal convictions for violation of state law or municipal ordinances of municipalities located in the county in justice courts, municipal courts, or municipal courts of record in the county; and
(2) concurrent criminal original and appellate jurisdiction in the county as provided by the constitution and by law for county courts.
(b) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (c) A judge of a county criminal court of appeals shall be paid an annual salary that is not less than $1,000 less than the total annual salary, including supplements, received by a district judge in the county. The salary shall be paid out of the county treasury by the commissioners court.
(d) The judge of County Criminal Court of Appeals No. 2 shall devote his entire time to the duties of office.
(e) A judge of a county criminal court of appeals may not engage in the practice of law.
(f) A county criminal court of appeals or its judge may issue writs of habeas corpus and grant injunctions for the enforcement of the penal laws in cases in which the offense charged is within the jurisdiction of the court or any court or tribunal of inferior jurisdiction. The court or its judge may punish for contempt as prescribed by general law.
(g) The commissioners court, in the manner provided by law for setting terms of county courts, shall set at least four terms of court each year for each county criminal court of appeals.
(h) Practice in a county criminal court of appeals and appeals from a county criminal court of appeals are as provided by law for county courts.
(i) A special judge of a county criminal court of appeals may be appointed or elected in the manner provided by law for the appointment or election of a special county judge.
(j) The judge of a county criminal court of appeals shall employ an administrative assistant to aid the judge in the performance of the judge's duties. The commissioners court shall set the administrative assistant's salary.
(k) The county sheriff, in person or by deputy, shall attend a county criminal court of appeals as required by the judge.
(l) The official court reporter of a county criminal court of appeals is not required to take testimony in a case in which neither party nor the judge demands it. If the court reporter takes testimony, the clerk shall collect a $3 fee as costs in the case. The fee shall be paid into the county treasury.
(m) The official court reporter of a county criminal court of appeals is entitled to receive the same fees and salary as a district court reporter.
(n) Sections 25.0003(a) and (c) do not apply to a county criminal court of appeals in Dallas County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 5, § 2(b), eff. March 22, 1989; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991.
§ 25.0595. DALLAS COUNTY PROBATE COURTS. (a) Repealed by Acts 2001, 77th Leg., ch. 635, § 3(2), eff. Sept. 1, 2001.
(b) The Probate Court No. 3 of Dallas County has primary responsibility for mental illness proceedings.
(c) The laws and rules relating to practice and procedure and appeals from county courts apply to a statutory probate court.
(d) The judge of a statutory probate court must: (1) be well informed in the laws of this state; and (2) have been a licensed and practicing member of the state bar for at least five consecutive years before election.
(e) Repealed by Acts 1995, 74th Leg., ch. 95, § 2, eff. May 16, 1995. (f) The judge of a statutory probate court shall employ an administrative assistant to aid the judge in the performance of the judge's duties. The commissioners court shall set the administrative assistant's salary.
(g) The county sheriff shall, in person or by deputy, attend a statutory probate court as required by the judge.
(h) A judge of a statutory probate court shall be paid an annual salary not less than the total annual salary, including supplements, received by a district judge in the county. Each statutory probate court judge is entitled to receive the same amount of compensation. The commissioners court shall pay the salary out of the county treasury.
(i) Section 25.0027 does not apply to a statutory probate court in Dallas County.
(j) In addition to the uses authorized by Section 118.064(b), Local Government Code, fees collected under Section 118.052(2)(A)(vi), Local Government Code, may be used by Dallas County for providing staff for the statutory probate courts and for court-related purposes for the support of the statutory probate courts. In determining if the fee produces more revenue than required as provided by Section 118.064(c), Local Government Code, the commissioners court shall include the uses authorized by this subsection.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 394, § 3 eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, § 8, eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 389, § 1, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 95, § 2, eff. May 16, 1995; Acts 2001, 77th Leg., ch. 426, § 3, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 635, § 3(2), eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, § 9.001(d), eff. Sept. 1, 2001.
§ 25.0596. SPECIAL STATUTORY PROBATE JUDGE. (a) If the judge of a statutory probate court in Dallas County fails or refuses to hold the court, the practicing lawyers of the court who are present may elect one of their number special judge to hold the court and proceed with its business. The lawyers may hold additional elections at any time to supply a judge during the absence, failure, or inability of the regular judge or a special judge to perform the duties of the office.
(b) To conduct the election, the sheriff or constable shall publicly proclaim at the courthouse door that the practicing lawyers who are present are about to elect a special judge of the statutory probate court. Following the proclamation, the clerk shall make a list of the practicing lawyers who are present, and the lawyers shall organize and hold the election. If the sheriff, constable, or clerk fails or refuses to act, the practicing lawyers who are present may organize themselves into an electoral body and appoint a sheriff and clerk pro tempore to perform the respective duties of the sheriff and clerk.
(c) Each practicing lawyer in attendance may participate in the election and cast one vote by ballot. A majority of the votes of the lawyers who participate is necessary to elect a special judge.
(d) The clerk shall enter a record of the election of the special judge in the minutes of the court. The record must show:
(1) the names of all the practicing lawyers who were present and participated in the election;
(2) that a public proclamation that the election was about to take place was made at the courthouse door;
(3) the number of ballots cast at the election, the number of votes for each person, and the result of the election; and
(4) that the oath prescribed by law was administered to the special judge. (e) A record of election proceedings that substantially comply with the requirements of the law is conclusive evidence of the election and qualification of a special judge.
Added by Acts 1995, 74th Leg., ch. 95, § 1, eff. May 16, 1995.
§ 25.0631. DENTON COUNTY. (a) Denton County has the following statutory county courts:
(1) County Court at Law No. 1 of Denton County; (2) County Court at Law No. 2 of Denton County; (3) County Criminal Court No. 1 of Denton County; (4) County Criminal Court No. 2 of Denton County; (5) County Criminal Court No. 3 of Denton County; (6) County Criminal Court No. 4 of Denton County; and (7) County Criminal Court No. 5 of Denton County. (b) Denton County has one statutory probate court, the Probate Court 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 court of Denton County sits in the county seat and may conduct docket matters at other locations in the county as the statutory probate court judge considers necessary for the protection of wards or mental health respondents or as otherwise provided by law.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 328, § 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 1109, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 557, § 1, eff. Oct. 1, 2000; Acts 2001, 77th Leg., ch. 267, § 1, eff. May 22, 2001; Acts 2001, 77th Leg., ch. 536, § 1, eff. May 1, 2002.
§ 25.0632. DENTON COUNTY STATUTORY COURT AND STATUTORY PROBATE COURT PROVISIONS. (a) In addition to meeting the qualifications of office in Section 25.0014, the judge of a statutory county court or statutory probate court in Denton County must meet the qualifications of office for a district judge provided by Section 7, Article V, Texas Constitution.
(b) The regular judge of a statutory county court or a statutory probate court may not engage in the private practice of law.
(c) The judge of each statutory county court and statutory probate court shall be paid annual compensation equal to the annual compensation, including all supplements, paid from any public source to a district judge in the county. For purposes of Sections 25.0005 and 25.0015, a statutory county court or a statutory probate court in Denton County has jurisdiction at least equivalent to the jurisdiction provided by Section 25.0003 for statutory county courts. The salary of a statutory county court judge or a statutory probate court judge shall be paid in equal installments at least monthly.
(d) The commissioners court, on proper request by the appropriate official in charge of a department, may employ as many additional assistant criminal district attorneys, deputy sheriffs, and deputy clerks as are shown to the commissioners court's satisfaction to be necessary to serve the statutory county courts and the statutory probate court.
(e) A court officer appointed by the judge of a statutory county court or statutory probate court shall be sworn by the judge by an oath in the general form provided by law for appointed officials. The judge shall modify the oath to apply to the particular officer and duties or to conform to any statutory oath required for the particular position.
(f) An official court reporter of a statutory county court or a statutory probate court may be paid:
(1) annual compensation equal to the annual compensation paid the official court reporters serving the district courts in Denton County; and
(2) any longevity pay to which the reporter is entitled under county compensation programs.
(g) Jurors regularly impaneled for the week by the district courts of Denton County must include sufficient numbers to serve in the statutory county courts and statutory probate courts as well as the district courts. The jurors shall be made available by the district judge as necessary. The jury in a statutory county court or statutory probate court in all civil or criminal matters is composed of 12 members, except that in misdemeanor criminal cases and any other case in which the court has jurisdiction that under general law would be concurrent with the county court, the jury is composed of six members.
(h) The judges of the statutory county courts may exchange benches and serve for each other in the manner provided by Section 74.121 and are subject to assignment as provided by Section 74.092, except that it is not necessary that a judge's own court have jurisdiction of the type of cases handled by the court to which the judge is assigned or for which the judge is serving.
(i) A judge of a statutory probate court is subject to assignment as provided by Section 25.0022.
(j) Section 25.0006 does not apply to a statutory county court in Denton County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 19, 70, eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 962, § 1, 2, eff. June 19, 1993; Acts 1995, 74th Leg., ch. 328, § 2, eff. Aug. 28, 1995; Acts 1999, 76th Leg., ch. 557, § 2, eff. Oct. 1, 2000.
§ 25.0633. DENTON COUNTY COURT AT LAW PROVISIONS. (a) The County Court at Law No. 1 of Denton County shall give preference to juvenile matters under Chapter 25 and Title 3, Family Code, and the ancillary and pendent jurisdiction necessary to enforce orders of the court in juvenile matters.
(b) Repealed by Acts 2001, 77th Leg., ch. 267, § 2, eff. May 22, 2001. (c) Notwithstanding Section 25.0003, the County Court at Law No. 1 of Denton County does not have jurisdiction over civil, civil appellate, probate, or mental health matters or over family law cases and proceedings other than juvenile proceedings.
(d) If the juvenile board designates the County Court at Law No. 1 of Denton County as the juvenile court of the county, the court shall give first preference to juvenile matters and second preference to criminal appeals from convictions in justice or municipal courts. Notwithstanding Chapter 53, Family Code, the criminal district attorney of Denton County is the designated official to receive all felony grade referrals regarding juveniles. If the court is not designated as the juvenile court, the court shall give first preference to criminal appeals cases and second preference to misdemeanor criminal matters.
(e) The County Court at Law No. 2 of Denton County has jurisdiction over all civil causes and proceedings, original and appellate, prescribed by law for county courts.
(f) The County Court at Law No. 2 of Denton County does not have jurisdiction over:
(1) causes and proceedings concerning roads, bridges, and public highways; (2) the general administration of county business that is within the jurisdiction of the commissioners court of each county; or
(3) criminal causes and proceedings. (g) The County Court at Law No. 2 of Denton County has the jurisdiction provided by general law for county courts, statutory county courts, or district courts over civil penalties and forfeitures, including bail bond forfeitures and escheats, regardless of the amount in controversy or remedy sought.
(h) Appeals in all cases from judgments and orders of the County Court at Law No. 2 of Denton County are to the court of appeals as provided for an appeal from a district or county court.
Added by Acts 1995, 74th Leg., ch. 328, § 3, eff. Aug. 28, 1995. Amended by Acts 2001, 77th Leg., ch. 267, § 2, eff. May 22, 2001; Acts 2001, 77th Leg., ch. 536, § 2, eff. May 1, 2002.
§ 25.0634. DENTON COUNTY CRIMINAL COURT PROVISIONS. (a) In addition to the jurisdiction provided by Section 25.0003 and other law, the county criminal courts of Denton County have felony jurisdiction concurrent with the district court over matters involving intoxication arising by a true bill of indictment by a grand jury charging one or more offenses under Chapter 49, Penal Code. The jurisdiction provided by this subsection shall be exercised on assignment by a district judge, by the local administrative district judge, or the regional presiding judge after the return of the true bill of indictment.
(b) A county criminal court has no jurisdiction over civil, civil appellate, probate, or mental health matters.
(c), (d) Repealed by Acts 2001, 77th Leg., ch. 267, § 2, eff. May 22, 2001.
Added by Acts 1995, 74th Leg., ch. 328, § 3, eff. Aug. 28, 1995. Amended by Acts 2001, 77th Leg., ch. 267, § 2, eff. May 22, 2001.
§ 25.0635. DENTON COUNTY STATUTORY PROBATE COURT PROVISIONS. (a) A statutory probate court in Denton County has the jurisdiction provided by Section 25.0021.
(b), (c) Repealed by Acts 2001, 77th Leg., ch. 635, § 2(b), eff. May 1, 2002.
(d) A statutory probate court has jurisdiction, regardless of the amount in controversy or remedy sought, over eminent domain cases as provided by Section 21.001, Property Code, for statutory county courts; direct and inverse condemnation cases; adjudication and determination of land titles, whether or not ancillary to eminent domain proceedings; partition cases; suits to quiet title; trespass to try title; lien foreclosures; and adjudication of all freehold and leasehold interests, easements, licenses, and boundaries of real property; with all ancillary or pendent jurisdiction necessary for adjudication of an eminent domain case as provided by Sections 21.002 and 21.003, Property Code.
Added by Acts 1995, 74th Leg., ch. 328, § 3, eff. Aug. 28, 1995. Amended by Acts 2001, 77th Leg., ch. 635, § 2, eff. May 1, 2002.
§ 25.0701. ECTOR COUNTY. (a) Ector County has the following statutory county courts:
(1) County Court at Law of Ector County; and (2) County Court at Law No. 2 of Ector County. (b) A county court at law sits in Odessa.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.0702. ECTOR COUNTY COURT AT LAW. (a) In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law in Ector County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) A county court at law has the same terms of court as the County Court of Ector County except that the terms begin on the first Mondays of January and July for civil cases over which the court has concurrent jurisdiction with the district court and in which the amount in controversy exceeds $500 and does not exceed $50,000, excluding interest.
(c), (d) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991.
(e) The judge of a county court at law shall be paid an annual salary that is not more than $1,000 less than the salary paid by the state to a district judge. The salary shall be paid out of the county treasury, on the order of the commissioners court.
(f) The judge of the County Court at Law No. 2 of Ector County is entitled to travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as is allowed the county judge.
(g) A special judge of the County Court at Law of Ector County may be appointed or elected in the manner provided by law relating to county courts. If the judge of the County Court at Law of Ector County 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 to try the case. A special judge of the County Court at Law of Ector County is entitled to receive $30 for each day served to be paid out of the general county fund by the commissioners court.
(h) A special judge of the County Court at Law No. 2 of Ector County may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. A special judge must have the same qualifications and is entitled to the same rate of compensation as the regular judge.
(i) The district clerk serves as clerk of a county court at law in matters of concurrent jurisdiction with the district court, and the county clerk serves as clerk of the court in all other cases.
(j) The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.
(k) The laws governing the drawing, selection, and service of jurors for county courts apply to a county court at law. Jurors regularly impaneled for the week by the district court may, at the request of the judge of a county court at law or the county judge, be made available in the numbers requested and shall serve for the week in a county court at law or the county court.
(l) Jurors summoned by the County Court at Law of Ector County or the county court may by order of the judge of the court in which they are summoned be transferred to the other court for service and may be used as if summoned for the court to which they are transferred. The judges of the County Court at Law of Ector County and the county court may agree that jurors may be summoned for service in both courts and may be used interchangeably in the courts.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.08(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.05, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 20, 70, eff. Oct. 1, 1991.
§ 25.0721. ELLIS COUNTY. Ellis County has the following statutory county courts:
(1) the County Court at Law of Ellis County; and (2) the County Court at Law No. 2 of Ellis County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 461, § 1, eff. Sept. 1, 2001.
§ 25.0722. ELLIS 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 Ellis County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) A county court at law has terms beginning on the first Mondays of March, June, September, and December.
(c) The county courts at law of Ellis County have concurrent jurisdiction with the district court in civil cases regardless of the amount in controversy.
(d) The judge of a county court at law may not engage in the private practice of law.
(e) The judge of a county court at law shall be paid an annual salary that is not less than 90 percent of the annual salary of a district judge in the county. The salary shall be paid from the county treasury on order of the commissioners court. The judge is entitled to travel expenses and necessary office expenses, including administrative and clerical personnel, in the same manner as the county judge.
(f) A special judge for a county court at law may be appointed or elected as provided by law for the appointment or election of a special county judge. If the judge 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 for the case. A special judge is entitled to the same rate of compensation as the regular judge.
(g) 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. The district clerk shall establish a separate docket for a county court at law. The commissioners court may employ as many assistant district attorneys, deputy sheriffs, and bailiffs as are necessary to serve the court.
(h) The official court reporter of a county court at law is entitled to compensation set by the commissioners court at an amount at least equal to the compensation paid to the court reporter of a district court in Ellis County.
(i) If a family law case or proceeding is tried before a jury, the jury shall be composed of 12 members. In all other cases the jury shall be composed of six members.
(j) The jurisdiction and authority vested by law in county courts for the drawing, selection, and service of jurors apply to a county court at law. Jurors summoned for service in one court may by order of the judge of the court to which they were summoned be transferred to the other court for service. If the judges agree, jurors may be summoned for service in any court and used interchangeably.
(k) Jurors regularly impaneled for a week by the district court may, on request of the county judge or the judge of a county court at law, be made available and shall serve for the week in the county court or the county court at law.
(l) Section 25.0008 does not apply to a county court at law in Ellis County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 21, 70, eff. Oct. 1, 1991; Acts 2001, 77th Leg., ch. 461, § 2, eff. Sept. 1, 2001.
§ 25.0731. EL PASO COUNTY. (a) El Paso County has the following statutory county courts:
(1) County Court at Law No. 1 of El Paso County, Texas; (2) County Court at Law No. 2 of El Paso County, Texas; (3) County Court at Law No. 3 of El Paso County, Texas; (4) County Court at Law No. 4 of El Paso County, Texas; (5) County Court at Law No. 5 of El Paso County, Texas; (6) County Court at Law No. 6 of El Paso County, Texas; (7) County Court at Law No. 7 of El Paso County, Texas; (8) County Criminal Court at Law No. 1 of El Paso County, Texas; and (9) County Criminal Court at Law No. 2 of El Paso County, Texas. (b) El Paso County has the following statutory probate courts: (1) the Probate Court No. 1 of El Paso County, Texas; and (2) the Probate Court No. 2 of El Paso County, Texas.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1074, § 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 512, § 1, eff. June 13, 1991; Acts 1997, 75th Leg., ch. 20, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 139, § 1, eff. Jan. 1, 2002; Acts 2005, 79th Leg., ch. 662, § 1, eff. Sept. 1, 2005.
§ 25.0732. EL PASO COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction provided by Section 25.0003 and other law, and except as limited by Subsection (b), a county court at law in El Paso County has the jurisdiction provided by the constitution and by general law for district courts.
(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; or (3) contested elections. (c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) A county court at law does not have general supervisory control over the commissioners court.
(e) A county court at law may not issue writs of habeas corpus in felony cases.
(f) The district clerk serves as clerk of a county court at law in cases in the concurrent jurisdiction of the county courts at law and the district courts, and the county clerk serves as the clerk in all other cases. The district clerk shall establish a separate docket for each county court at law.
(g) If a jury trial is requested in a case that is in a county court at law's jurisdiction as provided by Subsection (a), the jury shall be composed of six members unless the constitution requires a 12-member jury. Failure to object before a six-member jury is seated and sworn constitutes a waiver of a 12-member jury.
(h) On request of a county court at law judge, jurors regularly impaneled for a week by the district courts may be made available and shall serve for the week in the county court at law.
(i) Practice in the County Court at Law No. 1 of El Paso County, Texas, must conform to that prescribed by law for county courts.
(j) A county court at law of El Paso County, Texas, may summon jurors for service in the court in the manner provided by law for county courts. Juries summoned for the County Court of El Paso County or a county court at law of El Paso County, Texas, may, by order of the judge of the court in which they are summoned, be transferred to the other court for service.
(k) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (l) The judge of a county court at law shall be paid an annual salary that is at least equal to the amount that is $1,000 less than the total annual salary, including supplements, received by a district judge in the county.
(m) A special judge of a county court at law may be appointed or elected as provided by law for the appointment or election of a special county judge.
(n) A vacancy in the office of judge of a county court at law of El Paso County, Texas, is filled by appointment by the commissioners court.
(o) The judges of the county courts at law may divide each term of court into as many sessions as they consider necessary for the disposition of business and may extend a particular term of court if practicable for the efficient and justiciable disposition of individual proceedings and matters.
(p) The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.
(q) The official court reporter of a county court at law must be well skilled in his profession. The official court reporter of a county court at law is a sworn officer of the court who holds office at the pleasure of the court. The official court reporter of a county court at law is entitled to receive at least the same amount as compensation as the official court reporters in the district courts in the county. The compensation shall be paid in the same manner that the district court reporters are paid.
(r) Sections 25.0006(b) and 25.0007 do not apply to County Court at Law No. 2, 3, 4, 5, 6, or 7 of El Paso County, Texas.
(s) If Article V, Section 7, of the Texas Constitution requires more than eight years of practicing law or serving as a judge of a court in this state to be qualified to be a district judge in El Paso County, that same qualification applies to the judges of the county courts at law of El Paso County. A change in that qualification does not affect the term of a judge elected before the qualification changes, and that judge, unless otherwise removed from office, serves for the term to which elected or appointed.
(t) If any cause or proceeding is lodged with the district clerk and the district clerk files, dockets, or assigns the cause or proceeding in or to a county court at law and the county court at law does not have subject matter jurisdiction over the cause or proceeding, then the filing, docketing, or assignment of the cause or proceeding in or to a county court at law is considered a clerical error and that clerical error shall be corrected by a judgment or order nunc pro tunc. The cause or proceeding is considered filed, docketed, or assigned to the district court of the local administrative judge in the first instance rather than to a county court at law of El Paso County. The judge of a county court at law of El Paso County who acts in the cause or proceeding is considered assigned to the district court of the local administrative judge for that purpose and has all the powers of the judge of that district court under the assignment.
(u) A county court at law judge of El Paso County has jurisdiction to grant an order permitting a marriage ceremony to take place during a 72-hour period immediately following the issuance of a marriage license in El Paso County.
(v) The judges of the county courts at law of El Paso County have the same judicial immunity as a district judge.
(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 24.303.
(x) A judge of a statutory county court in El Paso County and a judge of a district court in El Paso County may exchange benches and may sit and act for each other in any matter pending before the court.
(y) The El Paso Council of Judges shall order the transfer of criminal misdemeanor cases to the County Criminal Courts No. 1 and No. 2 from time to time to equalize the criminal misdemeanor dockets of the statutory county courts for the efficient operation of the court system and the effective administration of justice.
(z) The County Criminal Courts No. 1 and No. 2 have the criminal jurisdiction provided by law for county courts and appellate jurisdiction in appeals of criminal cases from justice courts and municipal courts in the county as provided by Article 45.042, Code of Criminal Procedure.
(aa) The County Criminal Court No. 1 has exclusive jurisdiction over environmental offenses.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.32(c), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1074, § 2 to 4, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 20, § 3, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 139, § 2, eff. Jan. 1, 2002; Acts 2003, 78th Leg., ch. 770, § 1, eff. Sept. 1, 2003.
§ 25.0733. EL PASO COUNTY PROBATE COURT PROVISIONS. (a) Sections 25.0732(d), (h), (i), (j), (m), (n), (o), (p), (q), (r), and (v), relating to county courts at law in El Paso County, apply to a statutory probate court in El Paso County.
(b) The Probate Court No. 2 of El Paso County has primary responsibility for mental illness proceedings and for all administration related to mental illness proceedings, including budget preparation, staff management, and the adoption of administrative policy. The Probate Court No. 1 of El Paso County has secondary responsibility for mental illness proceedings.
(c) With the approval of the commissioners court, a judge of a statutory probate court may appoint an administrative assistant, court coordinator, auditor, and other staff necessary for the operation of the courts. The commissioners court, with the advice and counsel of the judge, sets the salaries of the staff.
(d) The judge of a statutory probate court must: (1) be a citizen of the United States; (2) have resided in the county for at least two years before election or appointment; and
(3) be licensed to practice law in this state and have actively practiced law for at least four consecutive years before election or appointment.
(e) Repealed by Acts 2001, 77th Leg., ch. 635, § 3(2), eff. Sept. 1, 2001.
(f) The county clerk serves as clerk for a statutory probate court in El Paso County.
Added by Acts 1991, 72nd Leg., ch. 512, § 2, eff. June 13, 1991. Amended by Acts 2001, 77th Leg., ch. 426, § 4, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 635, § 3(2), eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 662, § 2, eff. Sept. 1, 2005.
§ 25.0741. ERATH COUNTY. Erath County has one statutory county court, the County Court at Law of Erath County.
Added by Acts 1991, 72nd Leg., ch. 746, § 22(a), eff. Oct. 1, 1991.
§ 25.0742. ERATH 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 Erath County has concurrent jurisdiction with the district court in proceedings under Chapter 262, Family Code, in which the Department of Protective and Regulatory Services has assumed the care, custody, and control of a child.
(b) The judge of a county court at law may not engage in the private practice of law.
Added by Acts 1991, 72nd Leg., ch. 746, § 22(a), eff. Oct. 1, 1991. Amended by Acts 2001, 77th Leg., ch. 902, § 1, eff. June 14, 2001.
§ 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; and (4) County Court at Law No. 4 of Fort Bend County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 653, § 1, eff. Aug. 30, 1993; Acts 1999, 76th Leg., ch. 278, § 1, eff. Jan. 1, 2001.
§ 25.0812. FORT BEND 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 Fort Bend County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) A county court at law is primarily responsible for and shall give preference to:
(1) cases in which the court's jurisdiction is concurrent with the county court;
(2) eminent domain proceedings and cases; (3) proceedings under Title 3, Family Code; and (4) civil cases in which the amount in controversy does not exceed $20,000, excluding interest.
(c) A county court at law may enforce an order of the Family District Court for the 328th Judicial District relating to a family law matter.
(d) The commissioners court, by order, shall set at least four terms a year for the county court at law.
(e) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (f) A judge of a county court at law may not engage in the private practice of law.
(g) The salary of a judge of a county court at law shall be paid from the county treasury on order of the commissioners court in the same manner that county employees are paid.
(h) A special judge of a county court at law may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. A special judge must have the same qualifications and is entitled to the same rate of compensation as the regular judge.
(i) The district clerk serves as clerk of the county courts at law in cases in which the district courts and county courts at law have concurrent jurisdiction, and which have been instituted in the district courts, and the county clerk serves as clerk of the county courts at law in all other cases.
(j) The commissioners court may hire as many additional assistant criminal district attorneys, deputy sheriffs, and clerks as are necessary to serve the county courts at law.
(k) If a jury trial is requested in a case of concurrent jurisdiction between the district courts and the county courts at law, and the case was instituted in the district court, the jury shall be composed of 12 members. In all other cases in which a jury trial is requested in the county courts at law, the jury shall be composed of six members.
(l) Jurors regularly impaneled for the week by the district courts of Fort Bend County may, at the request of either the judge of the county court or of a county court at law, be made available by the district judges in the numbers requested and shall serve for the week in either the county court or county court at law.
(m) Sections 25.0005(b) and 25.0011 do not apply to a county court at law in Fort Bend County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 23, 70, eff. Oct. 1, 1991.
§ 25.0861. GALVESTON COUNTY. (a) Galveston County has the following statutory county courts:
(1) County Court No. 1 of Galveston County; (2) County Court No. 2 of Galveston County; and (3) County Court No. 3 of Galveston County. (b) Galveston County has one statutory probate court, the Probate Court of Galveston County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 24, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 818, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 904, § 1, eff. Sept. 1, 2001.
§ 25.0862. GALVESTON COUNTY STATUTORY COURT PROVISIONS. (a) In addition to the jurisdiction provided by Section 25.0003 and other law, and except as limited by Subsection (b), a statutory county court in Galveston County has:
(1) the jurisdiction provided by the constitution and by general law for district courts; and
(2) appellate jurisdiction in all appeals in criminal cases from justice courts and municipal courts in Galveston County.
(b) A statutory county court does not have jurisdiction of: (1) felony cases, except as otherwise provided by law; or (2) election contests. (c) to (e) Repealed by Acts 2003, 78th Leg., ch. 1276, § 9.003. (f) The elected judge of the Probate Court of Galveston County must: (1) be a citizen of this state and of the United States; (2) be well informed in the laws of this state; (3) be a licensed attorney of this state who has practiced law or been a judge of a court in the state for at least five years immediately preceding election; and
(4) have resided in and practiced law in Galveston County for at least two years immediately preceding election.
(g) The judge of a statutory county court shall be paid an annual salary that is not less than the total annual salary, including supplements and contributions, paid a district judge in the county. The salary shall be paid out of the general fund of the county by warrants drawn on the county treasury on order of the commissioners court.
(h) A bond is not required of the judge of the County Court No. 1, 2, or 3 of Galveston County.
(i) The clerk of the statutory county courts and statutory probate court shall keep a separate docket for each court. The clerk shall tax the official court reporter's fees as costs in civil actions in the same manner as the fee is taxed in civil cases in the district courts. The district clerk serves as clerk of the county courts in a cause of action arising under the Family Code and an appeal of a final ruling or decision of the division of workers' compensation of the Texas Department of Insurance regarding workers' compensation claims, and the county clerk serves as clerk of the court in all other cases.
(j) The sheriff shall appoint a deputy to attend County Court No. 1, 2, or 3 of Galveston County or the Probate Court of Galveston County when required by the judge.
(k) The official court reporter of each statutory county court and each statutory probate court is entitled to the same compensation, paid in the same manner, as the official court reporters of the district courts in Galveston County. Each reporter is primarily responsible for cases in the reporter's court.
(l) Each reporter may be made available when not engaged in proceedings in their court to report proceedings in all other courts. Practice, appeals, and writs of error in a statutory county court are as prescribed by law for county courts and county courts at law. Appeals and writs of error may be taken from judgments and orders of the County Courts Nos. 1, 2, and 3 of Galveston County and the judges, in civil and criminal cases, in the manner prescribed by law for appeals and writs of error. Appeals from interlocutory orders of the County Courts Nos. 1, 2, and 3 appointing a receiver or overruling a motion to vacate or appoint a receiver may be taken and are governed by the laws relating to appeals from similar orders of district courts.
(m) Section 25.0006(b) does not apply to County Court No. 1, 2, or 3 of Galveston County.
(n) If a jury trial is requested in a case that is in a county court at law's jurisdiction as provided by Subsection (a), the jury shall be composed of six members unless the constitution requires a 12-member jury. Failure to object before a six-member jury is seated and sworn constitutes a waiver of a 12-member jury.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 5.02(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.06, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 25, 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 818, § 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 635, § 3(2), eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 904, § 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, § 9.003, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 265, § 6.004, eff. Sept. 1, 2005.
§ 25.0931. GRAYSON COUNTY. (a) Grayson County has the following statutory county courts:
(1) County Court at Law of Grayson County; and (2) County Court at Law No. 2 of Grayson County. (b) The county courts at law of Grayson County hold court in the Grayson County Courthouse in Sherman.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.0932. GRAYSON 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 Grayson County has original concurrent jurisdiction with the justice court in all civil and criminal matters over which the justice court has jurisdiction.
(b) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (c) An appeal or writ of error may not be taken to a court of appeals from a final judgment of a county court at law if:
(1) the judgment or amount in controversy does not exceed $100, excluding interest and costs; and
(2) the case is a civil case over which the court at law has appellate or original concurrent jurisdiction with the justice court.
(d) Appeals from the justice court and other inferior courts in the county must be made directly to a county court at law.
(e) The laws governing practice, procedure, and juries in county courts apply to the county courts at law.
(f) Each county court at law has terms beginning on the first Mondays of February, April, June, August, October, and December.
(g) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (h) The judge of a county court at law shall be paid an annual salary that does not exceed the total annual salary received by the county attorney. The salary shall be paid out of the county treasury on order of the commissioners court.
(i) The judge of a county court at law may not actively engage in the private practice of law.
(j) If the judge of a county court at law is disqualified or recused in a pending case, the county judge or the judge of another court at law may sit in the case.
(k) The official court reporter of the County Court at Law No. 2 of Grayson County is entitled to receive, in addition to transcript fees, fees for statements of facts, and other fees, a salary set by the commissioners court at an amount that does not exceed the salary paid to the official court reporters of the district courts in the county. The salary shall be paid monthly in the same manner as other county employees' salaries are paid.
(l) Section 25.0006(a) does not apply to a county court at law in Grayson County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.09(a), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991.
§ 25.0941. GREGG COUNTY. (a) Gregg County has the statutory county courts provided by this section.
(b) Gregg County has a statutory county court, the County Court at Law No. 1 of Gregg County.
(c) Gregg County has an additional statutory county court, the County Court at Law No. 2 of Gregg County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 1210, § 1, eff. June 15, 2001.
§ 25.0942. GREGG COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction provided by Section 25.0003 and other law, a county court of law in Gregg County has, concurrent with the district court, the jurisdiction provided by the constitution and general law for district courts, except that the county court at law does not have jurisdiction in capital felony cases.
(b) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (c) The judge may not engage in the private practice of law. (d) The judge of a county court at law shall be paid an annual salary that does not exceed the amount that is 90 percent of the total annual salary received by a district judge in the county. The salary may be paid in equal monthly installments.
(e) The judge of a county court at law is entitled to travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as the county judge.
(f) A special judge of the county court at law who meets the same qualifications as the regular judge may be appointed in the manner provided by law for the appointment of a special county judge. If the judge of a county court at law is disqualified, the parties or their attorneys may agree on selection of a special judge for the case. A special judge is entitled to the same rate of compensation as the regular judge.
(g) The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve a county court at law.
(h) The district clerk serves as clerk of a county court at law in cases enumerated in Subsection (a)(2), and the county clerk serves as clerk of a county court at law in all other cases.
(i) The judge of a county court at law, with the commissioners court's consent, may employ a secretary. The commissioners court shall set the secretary's salary.
(j) Practice in a county court at law must conform to that prescribed by law for county courts.
(k) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a county court at law. A general panel of jurors, or jurors impaneled for a week by a district court, may be made available to serve for the week in a county court at law.
(l) Except as otherwise provided by this subsection, a jury in a county court at law shall be composed of six members, unless the constitution requires a 12-member jury. Failure to object before a six-member jury is seated and sworn constitutes a waiver of a 12-member jury. In matters in which the constitution does not require a 12-member jury and the county court at law has concurrent jurisdiction with the district court, the jury shall be composed of 12 members if a party to the suit requests a 12-member jury. In a civil case tried in a county court at law, the parties may, by mutual agreement and with the consent of the judge, agree to try the case with any number of jurors and have a verdict rendered and returned by the vote of any number of those jurors that is less than the total number of jurors.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 423, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 689, § 1, eff. Jan. 1, 2003.
§ 25.0961. GUADALUPE COUNTY. (a) Guadalupe County has the following statutory county courts:
(1) the County Court at Law of Guadalupe County; and (2) the County Court at Law No. 2 of Guadalupe County. (b) A county court at law in Guadalupe County sits in Seguin.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 44, § 1, eff. May 3, 2001.
§ 25.0962. GUADALUPE COUNTY COURT AT LAW PROVISIONS. (a) A county court at law in Guadalupe County has the same terms of court as the County Court of Guadalupe County.
(b) In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law in Guadalupe County has concurrent jurisdiction with the district court in family law cases and proceedings including juvenile matters.
(c) A person appointed to fill a vacancy in the office of judge is entitled to the same compensation as the previous judge.
(d) If the judge of a county court at law is disqualified, the commissioners court shall appoint a special judge with the same qualifications as the regular judge. A special judge is entitled to the same rate of compensation as the regular judge.
(e) The commissioners court may employ as many assistant county attorneys, deputy sheriffs, and bailiffs as are necessary to serve a county court at law.
(f) Practice in a county court at law is that prescribed by law for county courts, except that practice and procedure, rules of evidence, issuance of process and writs, and all other matters pertaining to the conduct of trials and hearings in a county court at law involving cases in the court's concurrent jurisdiction with the district court shall be governed by this section and the laws and rules pertaining to district courts as well as county courts. If a case in the court's concurrent jurisdiction with the district court is tried before a jury, the jury shall be composed of 12 members.
(g) Jurors regularly impaneled for the week by the district courts may, at the request of the county judge or the judge of a county court at law, be made available by the district judge in the numbers requested and shall serve for the week in the county court or a county court at law.
(h) Sections 25.0005(b) and 25.0008 do not apply to a county court at law in Guadalupe County.
(i) The district clerk serves as clerk of a county court at law in matters of concurrent jurisdiction with the district court, and the county clerk shall serve as clerk of a county court at law in all other cases.
Amended by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 867, § 1, eff. Sept. 1, 1997.
§ 25.1031. HARRIS COUNTY. (a) Harris County has the following county civil courts at law:
(1) County Civil Court at Law No. 1 of Harris County, Texas; (2) County Civil Court at Law No. 2 of Harris County, Texas; (3) County Civil Court at Law No. 3 of Harris County, Texas; and (4) County Civil Court at Law No. 4 of Harris County, Texas. (b) Harris County has the following county criminal courts: (1) County Criminal Court at Law No. 1 of Harris County, Texas; (2) County Criminal Court at Law No. 2 of Harris County, Texas; (3) County Criminal Court at Law No. 3 of Harris County, Texas; (4) County Criminal Court at Law No. 4 of Harris County, Texas; (5) County Criminal Court at Law No. 5 of Harris County, Texas; (6) County Criminal Court at Law No. 6 of Harris County, Texas; (7) County Criminal Court at Law No. 7 of Harris County, Texas; (8) County Criminal Court at Law No. 8 of Harris County, Texas; (9) County Criminal Court at Law No. 9 of Harris County, Texas; (10) County Criminal Court at Law No. 10 of Harris County, Texas; (11) County Criminal Court at Law No. 11 of Harris County, Texas; (12) County Criminal Court at Law No. 12 of Harris County, Texas; (13) County Criminal Court at Law No. 13 of Harris County, Texas; (14) County Criminal Court at Law No. 14 of Harris County, Texas; and (15) County Criminal Court at Law No. 15 of Harris County, Texas. (c) Harris County has the following statutory probate courts: (1) Probate Court No. 1 of Harris County, Texas; (2) Probate Court No. 2 of Harris County, Texas; (3) Probate Court No. 3 of Harris County, Texas; and (4) Probate Court No. 4 of Harris County, Texas.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 318, § 1, eff. Aug. 30, 1993.
§ 25.1032. HARRIS COUNTY CIVIL COURT AT LAW PROVISIONS. (a) A county civil court at law in Harris County has jurisdiction over all civil matters and causes, original and appellate, prescribed by law for county courts, but does not have the jurisdiction of a probate court. A county civil court at law has jurisdiction in appeals of civil cases from justice courts in Harris County.
(b) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (c) A county civil court at law has exclusive jurisdiction in Harris County of eminent domain proceedings, both statutory and inverse, regardless of the amount in controversy. In addition to other jurisdiction provided by law, a county civil court at law has jurisdiction to:
(1) decide the issue of title to real or personal property; (2) hear a suit to recover damages for slander or defamation of character; (3) hear a suit for the enforcement of a lien on real property; (4) hear a suit for the forfeiture of a corporate charter; (5) hear a suit 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
(6) hear a suit for the recovery of real property. (d) A county civil court at law has six terms of court beginning on the first Mondays of January, March, May, July, September, and November.
(e) The judge of a county civil court at law must have been a licensed and practicing member of the state bar for at least five years.
(f) The judge of a county civil court at law shall be paid an annual salary that is not less than the total annual salary received by a judge of a probate court in the county.
(g) A special judge of a county civil court at law may be appointed or elected in the manner provided by law for the appointment or election of a special county judge.
(h) The county sheriff shall, in person or by deputy, attend a county civil court at law as required by the judge.
(i) The official court reporter of a county civil court at law is entitled to receive the same salary as a reporter of a district court in the county.
(j) The county clerk shall keep separate dockets for each of the county civil courts at law. The county clerk shall tax the official court reporter's fee as costs in civil actions in a county civil court at law in the same manner as the fee is taxed in civil cases in the district courts.
(k) Practice in a county civil court at law and appeals and writs of error from a county civil court at law are as prescribed by law for county courts.
(l) Sections 25.0006(b) and 25.0008 do not apply to a county civil court at law in Harris County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.10(a), (b), 8.11(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 445, § 1, eff. June 14, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.07, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991.
§ 25.1033. HARRIS COUNTY CRIMINAL COURT AT LAW PROVISIONS. (a) A county criminal court at law in Harris County has the criminal jurisdiction provided by law for county courts and appellate jurisdiction in appeals of criminal cases from justice courts and municipal courts in the county.
(b) The judge of a county criminal court at law has the same powers, rights, and privileges as to criminal matters as a county judge having criminal jurisdiction.
(c) A county criminal court at law or its judge may issue writs of habeas corpus in criminal misdemeanor cases and all writs necessary for the enforcement of its jurisdiction.
(d) A county criminal court at law has terms beginning on the first Mondays of February, April, June, August, October, and December.
(e) The judge of a county criminal court at law must have been a licensed and practicing member of the state bar for at least five years before appointment or election.
(f) The judge of a county criminal court at law may not engage in the private practice of law.
(g) The judge of a county criminal court at law shall be paid an annual salary that is not less than $1,000 less than the total annual salary, including supplements, of a district judge in the county.
(h) An appointee to the office of judge of a county criminal court at law serves until the next general election at which the office appears on the ballot as provided by Article XVI, Section 65, of the Texas Constitution.
(i) A special county criminal court at law judge may be appointed or elected as provided by law for special county judges. A special judge may also be appointed to serve in a county criminal court at law as provided by Section 75.403.
(j) The county criminal courts may establish a court manager and coordinator system as provided by Section 75.402.
(k) The Harris County district attorney serves as prosecutor for the county criminal courts at law as provided by Section 43.180.
(l) The district clerk serves as clerk of a county criminal court at law. (m) The county sheriff shall, in person or by deputy, attend a county criminal court at law as required by the judge.
(n) The official court reporter of a county criminal court at law is entitled to the same amount of compensation as the official court reporters of the district courts in the county. The salary shall be paid in the same manner as the district court reporters are paid.
(o) Practice, procedure, appeals, and writs of error from a county criminal court at law are as prescribed by law for county courts.
(p) Sections 25.0006, 74.091, and 74.092 do not apply to a county criminal court at law in Harris County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 635, § 1, eff. June 14, 1989; Acts 2001, 77th Leg., ch. 1205, § 1, eff. Sept. 1, 2001.
§ 25.1034. HARRIS COUNTY PROBATE COURT PROVISIONS. (a) Repealed by Acts 2001, 77th Leg., ch. 635, § 3(2), eff. Sept. 1, 2001.
(b) The Probate Court No. 3 of Harris County has primary responsibility for mental illness proceedings and for all administration related to mental illness proceedings, including budget preparation, staff management, and the adoption of administrative policy. The Probate Court No. 4 of Harris County has secondary responsibility for mental illness proceedings.
(c) The judge of a statutory probate court must: (1) be well informed in the laws of the state; and (2) have been a licensed and practicing member of the state bar for at least five consecutive years before appointment or election.
(d), (e) Repealed by Acts 1989, 71st Leg., ch. 1078, § 2, eff. Aug. 28, 1989.
(f) The judge of a statutory probate court must execute a bond in the sum of $100,000, payable as required by law.
(g) The judge of a statutory probate court shall be paid an annual salary that is at least equal to the total annual salary, including supplements, received by a district judge in the county.
(h) In the case of absence, disqualification, or incapacity of a statutory probate court judge, a special judge may be appointed or elected as provided by law for a special county judge.
(i) With the approval of the commissioners court, a judge of a statutory probate court may appoint an administrative assistant, a court coordinator, an auditor, and other staff necessary for the operation of the courts. The commissioners court, with the advice and counsel of the judges, sets the salaries of the staff.
(j) The county clerk shall keep a separate docket for each court. The county clerk shall assign and docket at random matters and proceedings filed in the statutory probate courts according to the following percentages: Probate Court No. 1 of Harris County, 30 percent; Probate Court No. 2 of Harris County, 30 percent; Probate Court No. 3 of Harris County, 20 percent; and Probate Court No. 4 of Harris County, 20 percent.
(k) The county sheriff shall attend a statutory probate court as required by the judge.
(l) Practice and procedure in a statutory probate court is that prescribed by law for county courts.
(m) Repealed by Acts 1991, 72nd Leg., ch. 394, § 4, eff. Aug. 26, 1991 and Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1987, 70th Leg., ch. 466, § 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1078, § 1, 2, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 394, § 4, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1999, 76th Leg., ch. 1153, § 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 635, § 3(2), eff. Sept. 1, 2001.
§ 25.1041. HARRISON COUNTY. (a) Harrison County has one statutory county court, the County Court at Law of Harrison County.
(b) The County Court at Law of Harrison County sits in Marshall.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.1042. HARRISON COUNTY COURT AT LAW PROVISIONS. (a) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991.
(b) A county court at law has the same terms of court as the county court. (c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law may not appear and plead as an attorney in a county court at law in the county or in a court with jurisdiction inferior to the county courts at law.
(e) The judge of a county court at law shall be paid a salary that is equal to the amount paid the criminal district attorney of Harrison County. The salary shall be paid out of the county treasury on orders of the commissioners court.
(f) If the judge of a county court at law is disqualified to try a case, a special judge may be appointed in the manner provided by law for the appointment of a special county judge. A special judge must have the same qualifications as the regular judge and is entitled to receive the same rate of compensation as the regular judge.
(g) The criminal district attorney is entitled to the same fees prescribed by law for prosecutions in the county court. The commissioners court may employ as many additional deputy sheriffs and clerks as are necessary to serve a county court at law.
(h) Practice in a county court at law is that prescribed by law for county courts.
(i) The jurisdiction and authority vested by law in the county court for the drawing, selection, and service of jurors shall also be exercised by a county court at law in Harrison County. Jurors summoned for the county court or a county court at law may by order of the judge of the court to which they were summoned be transferred to the other court for service and may be used as if summoned by the court to which they were transferred. If the judges agree, jurors may be summoned for service in the county court and county court at law and may be used interchangeably.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991.
§ 25.1071. HAYS COUNTY. Hays County has the following statutory county courts:
(1) the County Court at Law No. 1 of Hays County; and (2) the County Court at Law No. 2 of Hays County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.12(a), eff. Aug. 28, 1989.
§ 25.1072. HAYS COUNTY AT LAW PROVISIONS. (a) In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law in Hays County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) A county court at law has the same terms of court as the county court. (c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) A special judge of a county court at law may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. If the judge of a county court at law 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 for the case. A special judge is entitled to the same rate of compensation as the regular judge.
(e) The county clerk serves as clerk of a county court at law, except that the district clerk serves as clerk of the court in family law cases and proceedings. The district clerk shall establish a separate docket for a county court at law. The commissioners court may employ as many assistant district attorneys, deputy sheriffs, and bailiffs as are necessary to serve the court.
(f) Practice in a county court at law is that prescribed by law for county courts, except that practice and procedure, rules of evidence, issuance of process and writs, and other matters pertaining to the conduct of trials and hearings in a county court at law involving family law cases and proceedings are governed by this section and the laws and rules pertaining to district courts, as well as county courts. If a family law case or proceeding is tried before a jury, the jury shall be composed of 12 members.
(g) The laws governing the drawing, selection, and service of jurors for county courts apply to a county court at law. Jurors summoned for the county court or a county court at law may, by order of the judge of the court to which they are summoned, be transferred to the other court.
(h) Jurors regularly impaneled for the week by the district courts, on request of the county judge or the judge of a county court at law, may be made available and shall serve for the week in the county court or county court at law.
(i) Section 25.0005(b) does not apply to a county court at law in Hays County.
(j) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.12(b), (c), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.08, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 26, 70, eff. Oct. 1, 1991.
§ 25.1091. HENDERSON COUNTY. Henderson County has the following statutory county courts:
(1) the County Court at Law of Henderson County; and (2) the County Court at Law No. 2 of Henderson County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 377, § 3(a), eff. Sept. 1, 2003.
§ 25.1092. HENDERSON 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 Henderson County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (c) The judge of a county court at law may set and approve sequestration bonds and replevy bonds in excess of the $50,000 jurisdictional amount in cases in which the amount of the suit is less than that amount.
(d) The judge of a county court at law shall be paid an annual salary that is at least $40,000.
(e) The judge of a county court at law may not engage in the private practice of law.
(f) If the regular judge of a county court at law is absent, is disabled for more than 30 calendar days, or is disqualified from presiding, the presiding judge of the administrative judicial region in which the county is located may appoint a qualified person licensed to practice law in this state as a special judge. The special judge must have the qualifications required of the regular judge.
(g) A special judge of a county court at law must take the oath of office required of the regular judge and has the power and jurisdiction of the court and of the regular judge for whom he is sitting. A special judge may sign orders, judgments, decrees, or other process as "Judge Presiding" when acting for the regular judge.
(h) Repealed by Acts 1995, 74th Leg., ch. 242, § 1, eff. Aug. 28, 1995. (i) If the regular judge is absent, disabled, or disqualified from presiding, the presiding judge of the administrative judicial region may appoint a retired judge of a district court or county court at law or a regular judge of a district court or county court at law to preside over the county court at law. The presiding judge of the judicial region with the consent of a retired judge of a district court or county court at law, or a regular judge of a district court within the presiding judge's region, may make an assignment outside the judicial region over which the judge presides with the specific authorization of the presiding judge of the judicial region in which the assignment is made.
(j) A retired judge of a district court or county court at law may elect to be a judicial officer by filing the written election with the presiding judge of the judicial district in which the retired judge resides. A judge may not be appointed special judge or visiting judge if the judge:
(1) appears and pleads as an attorney at law in any court of this state; (2) has been defeated in an election for judge of the court over which the judge formerly presided;
(3) has been removed from office by impeachment, by the supreme court, or by the governor on address to the legislature;
(4) has been discharged from the practice of law, whether or not reinstated; or
(5) has resigned as judge of a court while under investigation by the State Commission on Judicial Conduct.
(k) A visiting judge has the same authority and powers and is entitled to the same amount of compensation as provided for a special judge by this section.
(l) The judge of a county court at law may appoint a court coordinator or administrative assistant for the court. A court coordinator or administrative assistant performs the duties prescribed by the judge and cooperates with the administrative judges and state agencies for the uniform and efficient operation of the courts and the administration of justice. The court coordinator or administrative assistant is entitled to receive from county funds an annual salary set by the commissioners court. The salary shall be paid in monthly installments.
(m) The official court reporter of a county court at law is entitled to receive the same amount of compensation, fees, and allowances as the reporter of a district court.
(n) The county clerk serves as clerk of a county court at law, except the district judge and the judge of the county court at law, by rule, may provide that the district clerk serve as clerk of a county court at law in matters of concurrent jurisdiction with the district court.
(o) The commissioners court shall provide the deputy clerks, bailiffs, secretaries, and other personnel necessary to operate a county court at law.
(p) In cases of concurrent jurisdiction with the district court, the jury shall be composed of 12 members, but the parties in a case may agree to a lesser number.
(q) Sections 25.0006 and 25.0008 do not apply to a county court at law in Henderson County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.44(4), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.09, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 27, 70, eff. Oct. 1, 1991; Acts 1995, 74th Leg., ch. 242, § 1, eff. Aug. 28, 1995.
§ 25.1101. HIDALGO COUNTY. (a) Hidalgo County has the following statutory county courts:
(1) County Court at Law No. 1 of Hidalgo County; (2) County Court at Law No. 2 of Hidalgo County; (3) County Court at Law No. 4 of Hidalgo County; (4) County Court at Law No. 5 of Hidalgo County; and (5) County Court at Law No. 6 of Hidalgo County. (b) Hidalgo County has one statutory probate court, the Probate Court of Hidalgo County.
(c) The county courts at law of Hidalgo County sit in the county seat.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1135, § 1, eff. Aug. 28, 1989; Acts 2001, 77th Leg., ch. 1211, § 1, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 278, § 1, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 1335, § 1, eff. Sept. 1, 2005.
§ 25.1102. HIDALGO 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 Hidalgo County has concurrent jurisdiction with the district court in:
(1) family law cases and proceedings; and (2) civil cases in which the matter in controversy does not exceed $750,000, excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs, as alleged on the page of the petition.
(b) The County Court at Law No. 6 of Hidalgo County shall give preference to family law cases and proceedings.
(c) The judge of a county court at law shall be paid an annual salary that is not less than $1,000 less than the total annual salary, including supplements, received by a district judge in the county. The salary of a county court at law judge shall be paid in the same manner and from the same fund as prescribed by law for the county judge of Hidalgo County.
(d) A special judge of a county court at law may be appointed or elected as provided by law for county judges. A special judge is entitled to the same rate of compensation as the regular judge.
(e) The county sheriff shall, either in person or by deputy, attend the County Court at Law No. 1 or No. 2 of Hidalgo County as required by the judge. The sheriff serves the county court at law as provided by Section 25.0010(b).
(f) The official court reporter of a county court at law is entitled to receive a salary set by the judge of the county court at law as provided by law for district court reporters. The salary shall be paid monthly by the commissioners court out of funds available for that purpose. The clerk of the court shall tax as costs in each civil, criminal, or probate case in which a record, or any part of a record, is made of the evidence a stenographer's fee of $20. The clerk collects the fees and pays them in to the county's general fund.
(g) The official interpreter of the district courts of Hidalgo County serves as official interpreter of each county court at law. If the official interpreter is not available, the judge of a county court at law may appoint a temporary interpreter. The temporary interpreter shall be compensated at an amount not to exceed $5 a day paid out of the county's general fund on certificate of the judge. Subject to the commissioners court approval, the judge of a county court at law may appoint an official interpreter for the court as provided by law.
(h) Practice, appeals, and writs of error in a county court at law are those prescribed by law for county courts.
(i) The jurisdiction and authority vested by law in the county court for the drawing, selection, and service of jurors shall be exercised by a county court at law. Jurors summoned for any of the county courts at law or the county court may by order of the judge of the court in which they are summoned be transferred to any of the other courts for service and may be used as if summoned for the court to which they are transferred. On agreement of the judges of the county court and county courts at law, jurors may be summoned for service in all of the courts and used interchangeably in the courts.
(j) Jurors regularly impaneled for the week by the district courts may, on request of the county judge or the judge of a county court at law, be made available by the district judge in the numbers requested for service for the week and shall serve for the week in the county court or county courts at law.
(k) Expired. (l) A judge of a county court at law may not engage in the private practice of law.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1135, § 2 to 4, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 746, § 28, 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 1446, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1211, § 2, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 278, § 2, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 1335, § 2, eff. Sept. 1, 2005.
§ 25.1103. HIDALGO COUNTY PROBATE COURT PROVISIONS. The judge of a statutory probate court must be:
(1) a qualified voter; (2) a resident of the county; and (3) a licensed attorney in this state who has actively practiced law for at least five years before the date of election or appointment.
Added by Acts 2001, 77th Leg., ch. 1211, § 3, eff. Sept. 1, 2001.
§ 25.1111. HILL COUNTY. Hill County has one statutory county court, the County Court at Law of Hill County.
Added by Acts 2005, 79th Leg., ch. 959, § 1, eff. Sept. 1, 2005.
§ 25.1112. HILL 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 Hill County has concurrent jurisdiction with the district court in felony cases and family law cases and proceedings. A county court at law does not have jurisdiction of felony cases involving capital murder.
(b) A county court at law in Hill County has the same terms of court as the 66th District Court.
(c) The judge of a county court at law may not engage in the private practice of law and must meet the qualifications established by Section 25.0014.
(d) The judge of a county court at law shall be paid as provided by Section 25.0005. The judge's salary shall be paid out of the county treasury on order of the commissioners court. The judge is entitled to necessary office and operational expenses, including administrative and clerical personnel, in the same manner as the county judge.
(e) The district clerk serves as the clerk of a county court at law for all criminal and civil matters except that the county clerk serves as the clerk of the county court at law in uncontested probate and guardianship matters. The county clerk shall transfer to the district clerk any contested probate and guardianship matters filed with the county clerk.
(f) The commissioners court may employ the assistant district attorneys, assistant county attorneys, assistant clerks, deputy sheriffs, and bailiffs necessary to serve the county court at law.
(g) Notwithstanding Section 74.0911, the judge of the 66th District Court shall act as presiding judge between the district and county court at law and may assign to the county court at law original or appellate cases that are within the jurisdiction of the county court at law. The assignment shall be made by docket notation.
(h) In matters of concurrent jurisdiction, the judge of a county court at law and the judge of the 66th District Court may exchange benches, transfer cases, assign each other to hear cases in accordance with orders signed and approved by the judges involved, and otherwise manage their respective dockets under local administrative rules.
(i) The official court reporter of a county court at law is entitled to the compensation set by the commissioners court on order of the judge of the court in an amount not to exceed 90 percent of the compensation paid to the court reporter of a district court in Hill County.
(j) If a family law case or proceeding is tried before a jury, the jury shall be composed of 12 members. In all other cases, except as otherwise required by law, the jury shall be composed of six members.
(k) Jurors regularly impaneled for a week by the district court may, on request of the county judge or the judge of a county court at law, be made available and shall serve for the week in the county court or the county court at law.
Added by Acts 2005, 79th Leg., ch. 959, § 1, eff. Sept. 1, 2005.
§ 25.1131. HOOD COUNTY. Hood County has one statutory county court, the County Court at Law No. 1 of Hood County.
Added by Acts 2001, 77th Leg., ch. 629, § 1, eff. Sept. 1, 2001.
§ 25.1132. HOOD 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 Hood County has the jurisdiction provided by this section.
(b) A county court at law in Hood County has concurrent jurisdiction with the county court in mental health cases.
(c) A county court at law in Hood County has concurrent jurisdiction with the district court in:
(1) civil cases in which the matter in controversy exceeds $500 but does not exceed $250,000, excluding interest;
(2) family law cases and related proceedings; (3) contested probate matters under Section 5(b), Texas Probate Code; and (4) contested guardianship matters under Section 606(b), Texas Probate Code.
(d) The county court and each county court at law and district court in Hood County has jurisdiction over juvenile matters and may be designated a juvenile court. The county court has primary jurisdiction over juvenile matters.
(e) Except as provided by Subsection (c)(3) or (4), a county court at law does not have probate jurisdiction.
(f) A county court at law in Hood County has the same terms of court as the County Court of Hood County.
(g) The judge of a county court at law in Hood County must: (1) be a citizen of the United States; (2) be a resident of Hood County; (3) have actively practiced law in Hood County for at least the four years preceding the date of election or appointment;
(4) be a qualified voter; and (5) be a licensed attorney in this state for at least the four years preceding the date of election or appointment.
(h) The judge of a county court at law may not engage in the private practice of law.
(i) The judge of a county court at law shall be paid an annual salary that is not less than 90 percent of the annual salary of a district judge in the county. The salary shall be paid from the county treasury on order of the commissioners court. The judge is entitled to travel expenses and necessary office expenses, including administrative and clerical personnel, in the same manner as the county judge.
(j) If the regular judge of a county court at law is absent, disabled, or disqualified from presiding, a special judge may be appointed in the manner provided by law for the appointment of a special judge. A special judge must have the same qualifications as the regular judge and is entitled to the same amount of daily compensation as the regular judge. The compensation paid to a special judge may not be deducted from the salary paid to the regular judge.
(k) A special judge must take the oath of office required by law for the regular judge and has the same authority as the regular judge. A special judge may sign orders, judgments, decrees, and other processes of the court as "Judge Presiding" when acting for the regular judge. The appointment of a special judge to a county court at law does not affect the jurisdiction of the court.
(l) The judge of a county court at law, with the approval of the commissioners court, may appoint personnel necessary for the operation of the court. The appointed personnel are entitled to compensation, fees, and allowances set by the commissioners court, or otherwise provided by law, and paid from county funds.
(m) The commissioners court may employ as many assistant county attorneys and bailiffs as are necessary to serve a county court at law.
(n) The official court reporter of a county court at law is entitled to compensation set by the commissioners court in an amount at least equal to the compensation paid to the court reporter of a district court in Hood County.
(o) If a family law case or proceeding is tried before a jury in a county court at law, the jury shall be composed of 12 members. In all other cases, the jury shall be composed of six members.
(p) A county court at law has the jurisdiction and authority vested by law in the county court for the drawing, selection, and service of jurors. Jurors summoned for service in the county court or a county court at law, by order of the judge of the court to which the jurors were summoned, may be transferred to another court for service in that court. If the judges of the county court and each county court at law agree, jurors may be summoned for service in all of the courts and used interchangeably in the courts.
Added by Acts 2001, 77th Leg., ch. 629, § 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 774, § 1, eff. Sept. 1, 2003.
§ 25.1141. HOPKINS COUNTY. Hopkins County has one statutory county court, the County Court at Law of Hopkins County.
Added by Acts 1991, 72nd Leg., ch. 441, § 1, eff. Jan. 1, 1992; Acts 1991, 72nd Leg., ch. 746, § 29(a), eff. Jan. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 731, § 1, eff. Jan. 1, 1996.
§ 25.1142. HOPKINS 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 Hopkins County has except as limited by Subsection (b), concurrent with the district court, the jurisdiction provided by the constitution and by general law for district courts.
(b) A county court at law does not have general supervisory control or appellate review of the commissioners court or jurisdiction of:
(1) civil cases in which the amount in controversy exceeds $100,000, excluding interest;
(2) felony jury trials; (3) suits on behalf of the state to recover penalties or escheated property;
(4) misdemeanors involving official misconduct; or (5) contested elections. (c) The judge of a county court at law must: (1) be a citizen of the United States; (2) have resided in the county for at least two years before appointment or election; and
(3) have been a licensed attorney in this state for at least three years before appointment or election.
(d) The judge of a county court at law shall be paid an annual salary that does not exceed 80 percent of the annual salary that is paid by the state to a district judge in the county. The salary shall be paid from the same fund and in the same manner as other county officials are paid.
(e) The judge of a county court at law may not engage in the private practice of law.
(f) The commissioners court may authorize the judge of a county court at law to set the official court reporter's salary.
(g) At the request of the judge of a county court at law, jurors regularly impaneled by the district court for a week may be made available and shall serve for the week in the county court at law.
(h) The district clerk serves as clerk of a county court at law in matters of concurrent jurisdiction with the district court, and the county clerk serves as clerk of a county court at law in all other matters. Each clerk shall establish a separate docket for a county court at law.
Added by Acts 1991, 72nd Leg., ch. 441, § 1, eff. Jan. 1, 1992; Acts 1991, 72nd Leg., ch. 746, § 29(a), eff. Jan. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 731, § 2, eff. Jan. 1, 1996.
§ 25.1151. HOUSTON COUNTY. Houston County has one statutory county court, the County Court at Law of Houston County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.1152. HOUSTON 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 Houston County has concurrent jurisdiction with the district court in family law cases and proceedings including juvenile matters.
(b) A county court at law has terms beginning on the first Mondays in January, April, July, and October.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The salary of the judge of a county court at law shall be paid out of the county treasury on orders of the commissioners court. The judge is entitled to reasonable travel expenses and necessary office expenses, including administrative and clerical assistance.
(e) The judge of a county court at law shall diligently discharge the duties of his office on a full-time basis and may not engage in the private practice of law.
(f) A special judge of a county court at law with the same qualifications as the regular judge may be appointed or elected in the manner provided by law for the selection of a special county judge. If a judge of a county court at law is disqualified or excuses himself from a case pending in his court, the parties or their attorneys may agree on the selection of a special judge for the case. A special judge is entitled to the same rate of compensation as the regular judge.
(g) The judge of a county court at law shall set the official court reporter's salary at an amount that does not exceed the salary of the court reporter for the district court. The salary shall be paid from the county treasury on order of the commissioners court.
(h) Practice in a county court at law must conform to that prescribed by general law for county courts.
(i) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a county court at law.
(j) The district clerk serves as clerk of the court in family law cases and proceedings, and the county clerk serves as clerk for all other cases. The district clerk shall establish a separate docket for a county court at law. The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve the court.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 30(a), (b), 70, eff. Oct. 1, 1991.
§ 25.1181. HUNT COUNTY. Hunt County has one statutory county court, the County Court at Law of Hunt County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.1182. HUNT COUNTY COURT AT LAW PROVISIONS. (a) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991.
(b) A county court at law has the same terms of court as the County Court of Hunt County.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law shall be paid an annual salary that is at least $42,500, to be paid from the same fund and in the same manner as the county judge. The judge is entitled to receive travel expenses and necessary office expenses in the same manner as is allowed the county judge.
(e) The judge of a county court at law shall diligently discharge the duties of his office on a full-time basis and may not engage in the private practice of law.
(f) A special judge of a county court at law with the same qualifications as the regular judge may be appointed or elected in the manner provided by law for county courts. If the judge of a county court at law 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 to try the case. A special judge is entitled to receive $100 for each day served to be paid out of the general fund of the county by the commissioners court.
(g) The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.
(h) Practice in a county court at law is that prescribed by law for county courts.
(i) Section 25.0005(b) does not apply to a county court at law in Hunt County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.10, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991.
§ 25.1251. JEFFERSON COUNTY. (a) Jefferson County has the following statutory county courts:
(1) County Court of Jefferson County at Law No. 1; (2) County Court of Jefferson County at Law No. 2; and (3) County Court of Jefferson County at Law No. 3. (b) The county courts at law of Jefferson County sit in Beaumont.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.1252. JEFFERSON COUNTY COURT AT LAW PROVISIONS. (a) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991.
(b) The County Court of Jefferson County at Law No. 3 shall give preference to criminal cases.
(c) A county court at law has terms beginning on the first Mondays in January, April, July, and October.
(d) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (e) The judge of a county court at law shall be paid an annual salary that is at least equal to the amount that is $1,000 less than the total annual salary, including supplements, received by a district judge in the county. The salary shall be paid out of the county treasury on order of the commissioners court.
(f) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (g) A special judge of a county court at law in Jefferson County may be appointed or elected in the manner provided by law for the appointment or election of a special district or county judge. A special judge is entitled to the same rate of compensation as the regular judge. The compensation of the special judge shall be paid out of a general fund of the county treasury and may not be deducted from the salary of the regular judge.
(h) In addition to the lawful fees for transcribing testimony and preparing statements of facts, the official shorthand reporter of the County Court of Jefferson County at Law No. 3 receives the same salary as the official shorthand reporter of the County Court of Jefferson County at Law No. 1. The salary shall be paid monthly out of the county treasury on order of the commissioners court.
(i) The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.
(j) A county court at law may exercise the jurisdiction vested in the district court for the drawing, selection, and service of jurors. A panel not exceeding 24 jurors shall be drawn for any one week of a court, and the juries selected may not exceed six.
(k) For each court, the county clerk shall appoint a deputy acceptable to the judge to attend the sessions of court and attend to all matters pertaining to the court. The deputy assigned to the County Court of Jefferson County at Law No. 1 is entitled to receive a salary not to exceed the maximum salary paid other deputies in the county clerk's office with the rating of a head of a department. The salary shall be paid out of the county's general fund on order of the commissioners court.
(l) An appeal from the justice courts or municipal courts in Jefferson County must be made directly to any of the county courts at law in Jefferson County.
(m) Sections 25.0006 and 25.0007 do not apply to the county courts at law of Jefferson County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991.
§ 25.1281. JOHNSON COUNTY. Johnson County has the following statutory county courts:
(1) the County Court at Law No. 1 of Johnson County; and (2) the County Court at Law No. 2 of Johnson County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 529, § 1, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, § 31(a), eff. Oct. 1, 1991.
§ 25.1282. JOHNSON 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 Johnson County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) A county court at law has the same terms as the County Court of Johnson County.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law may not engage in the private practice of law.
(e) The judge of a county court at law shall be paid an annual salary that is equal to 90 percent of the annual salary paid by the state to a district judge in the county. The salary shall be paid in the same manner and from the same fund as the salary of the county judge.
(f) A special judge of a county court at law may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. A special judge must have the same qualifications as the regular judge and is entitled to the same rate of compensation as the regular judge for each day served.
(g) The county attorney or district attorney serves as prosecuting attorney for a county court at law.
(h) Practice in a county court at law in Johnson County is that prescribed by law for county courts.
(i) The laws governing the drawing, selection, and service of jurors for county courts apply to a county court at law.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1076, § 1, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 746, § 32, 70, eff. Oct. 1, 1991.
§ 25.1311. KAUFMAN COUNTY. Kaufman County has the following statutory county courts:
(1) the County Court at Law of Kaufman County; and (2) the County Court at Law No. 2 of Kaufman County.
Added by Acts 1993, 73rd Leg., ch. 197, § 1, eff. Jan. 1, 1995. Amended by Acts 2005, 79th Leg., ch. 776, § 1, eff. Sept. 1, 2005.
§ 25.1312. KAUFMAN COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction provided by Section 25.0003 and other law, a statutory county court in Kaufman County has, except as limited by Subsections (b) and (b-1), the jurisdiction provided by the constitution and general law for district courts.
(b) A statutory county court in Kaufman County does not have general supervisory control or appellate review of the commissioners court or jurisdiction of:
(1) felony cases involving capital murder; (2) suits on behalf of the state to recover penalties or escheated property;
(3) misdemeanors involving official misconduct; or (4) contested elections. (b-1) The County Court at Law No. 2 of Kaufman County does not have jurisdiction of civil cases in which the amount in controversy exceeds the limit prescribed by Section 25.0003(c)(1).
(c) The district clerk serves as clerk of a statutory county court except that the county clerk serves as clerk of the statutory county court in matters of mental health, probate, juvenile and criminal misdemeanor docket, and all civil matters in which the statutory county court does not have concurrent jurisdiction with the district court.
(d) Jurors regularly impaneled for the week by the district courts may, at the request of a statutory county court judge, be made available by the district judge in the numbers requested and shall serve for the week or until released in the statutory county court.
(e) A statutory county court may summon jurors through the county clerk for service in the statutory county court in the manner provided by the laws governing the drawing, selection, and service of jurors for county courts. Jurors summoned shall be paid in the same manner and at the same rate as jurors for district courts in Kaufman County. By order of the judge of a statutory county court, jurors summoned to the statutory county court may be transferred to the district court for service in noncapital felony cases.
(f) Notwithstanding Sections 74.091 and 74.0911, a district judge serves as the local administrative judge for the district and statutory county courts in Kaufman County. The judges of district courts shall elect a district judge as local administrative judge for a term of not more than two years. The local administrative judge may not be elected on the basis of rotation or seniority.
(g) When administering a case for the statutory county court, the district clerk shall charge civil fees and court costs as if the case had been filed in the district court. In a case of concurrent jurisdiction, the case shall be assigned to either the district court or statutory county court in accordance with local administrative rules established by the local administrative judge.
(h) The judge of the statutory county court shall appoint an official court reporter for the court and shall set the official court reporter's annual salary, subject to approval by the county commissioners court. The official court reporter of the statutory county court shall take an oath or affirmation as an officer of the court, holds office at the pleasure of the judge of the court, and shall be provided a private office in close proximity to the court. The official court reporter is entitled to all rights and benefits afforded all other county employees.
(i) With the approval of the county commissioners court and through the county budget process, the judge of the statutory county court shall hire a staff. The staff of the judge of the statutory county court consists of a court coordinator and a bailiff. Court personnel employed under this subsection are entitled to receive a salary set by the commissioners court and other employment benefits received by county employees.
(j) Not later than one year after the date of appointment, the bailiff of a statutory county court must have received a peace officer license under Chapter 415 from the Commission on Law Enforcement Officer Standards and Education. The sheriff of Kaufman County shall deputize the bailiff of a statutory county court. The bailiff of a statutory county court is subject to the training and continuing education requirements of a sheriff's deputy of the county. The sheriff shall remove from office a bailiff who does not receive a peace officer license within one year of appointment as required by this subsection.
(k) The judge of a statutory county court must be a United States citizen at the time of appointment or election.
(l) The 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.
(m) In matters of concurrent jurisdiction, the judge of a statutory county court and the district judge may exchange benches, transfer cases, subject to acceptance, assign each other to hear cases, and otherwise manage their respective dockets under local administrative rules.
(n) The judge of a statutory county court has the same judicial immunity as a district judge.
Added by Acts 1993, 73rd Leg., ch. 197, § 1, eff. Jan. 1, 1995. Amended by Acts 2005, 79th Leg., ch. 776, § 2, eff. Sept. 1, 2005.
§ 25.1321. KENDALL COUNTY. Kendall County has one statutory county court, the County Court at Law of Kendall County.
Added by Acts 1999, 76th Leg., ch. 897, § 1, eff. Aug. 30, 1999.
§ 25.1322. KENDALL COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction provided by Section 25.0003 and other law, and except as limited by Subsection (b), a county court at law of Kendall County has concurrent jurisdiction with the district court.
(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; or (3) contested elections. (c) A county court at law may not issue a writ of habeas corpus in a felony case over which the court has jurisdiction.
(d) The commissioners court by order entered of record shall set at least two terms of court each year for each county court at law.
(e) A judge of a county court at law may not engage in the private practice of law.
(f) A special judge of a county court at law may be appointed or elected in the manner provided by law for the appointment or election of a special county judge.
(g) The district clerk serves as the clerk of a county court at law in matters in which the county court at law has concurrent jurisdiction with the district court. The county clerk serves as the clerk of a county court at law in all other matters. The district clerk shall establish a separate docket for each county court at law.
(h) A judge of a county court at law shall be paid an annual salary that is at least equal to the amount that is $4,000 less than the total annual salary, including supplements, received by a district judge in the county.
(i) The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.
(j) On request of a county court at law judge, jurors regularly impaneled for a week by the district courts may be made available and shall serve for the week in the county court at law.
(k) If any cause or proceeding is lodged with the district clerk and the district clerk files, dockets, or assigns the cause or proceeding in or to a county court at law and the county court at law does not have subject matter jurisdiction over the cause or proceeding, then the filing, docketing, or assignment of the cause or proceeding in or to a county court at law is considered a clerical error and that clerical error shall be corrected by a judgment or order nunc pro tunc. The cause or proceeding is considered filed, docketed, or assigned to the district court of the local administrative judge in the first instance rather than to a county court at law of Kendall County. The judge of a county court at law of Kendall County who acts in the cause or proceeding is considered assigned to the district court of the local administrative judge for that purpose and has all the powers of the judge of that district court under the assignment.
Added by Acts 1999, 76th Leg., ch. 897, § 1, eff. Aug. 30, 1999.
§ 25.1351. KERR COUNTY. Kerr County has one statutory county court, the County Court at Law of Kerr County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.1352. KERR COUNTY COURT AT LAW PROVISIONS. (a) Repealed by Acts 1993, 73rd Leg., ch. 72, § 2, eff. Sept. 1, 1993.
(b) In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law in Kerr County has:
(1) concurrent jurisdiction with the district court in proceedings under the Family Code; and
(2) concurrent with the county court, the jurisdiction of a probate court in proceedings under Chapter 462, Health and Safety Code, and Subtitle C, Title 7, Health and Safety Code.
(c) Repealed by Acts 1993, 73rd Leg., ch. 72, § 2, eff. Sept. 1, 1993. (d) A county court at law has a term of court that begins January 1 and ends December 31 of each year.
(e) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (f), (g) Repealed by Acts 1993, 73rd Leg., ch. 72, § 2, eff. Sept. 1, 1993.
(h) The judge of a county court at law may not engage in the private practice of law.
(i) to (j) Repealed by Acts 1993, 73rd Leg., ch. 72, § 2, eff. Sept. 1, 1993.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 76, § 11, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 33, 70, eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 72, § 1, 2, eff. Sept. 1, 1993.
§ 25.1391. KLEBERG COUNTY. (a) Kleberg County has one statutory county court, the County Court at Law of Kleberg County.
(b) The county court at law sits in the county seat of Kleberg County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.1392. KLEBERG 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 Kleberg County has concurrent jurisdiction with the district court in:
(1) family law cases and proceedings; and (2) felony cases to conduct arraignments, conduct pretrial hearings, and accept guilty pleas.
(b) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (c) A bond is not required of a judge of a county court at law. (d) A judge of a county court at law shall be paid an annual salary that is at least $32,000 but not more than $1,000 less than the salary paid by the state to a district judge. A county court at law judge is entitled to travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as the county judge.
(e) A special judge of a county court at law may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. A special judge must have the same qualifications as the regular judge and is entitled to the same rate of compensation.
(f) The district clerk serves as clerk of each county court at law in cases enumerated in Subsection (a)(2), and the county clerk serves as clerk of a county court at law in all other cases. The district clerk shall establish a separate docket for a county court at law.
(g) The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve each county court at law.
(h) The jury 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 concurrent jurisdiction with the county court the jury is composed of six members.
(i) The laws that govern the drawing, selection, and service of jurors for county courts apply to the county courts at law. Jurors regularly impaneled for the week by the district court may, at the request of either the judge of the county court or a judge of a county court at law, be made available by the district judge in the numbers requested and serve for the week in the county court or a county court at law.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.13(a), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 746, § 34, 70, eff. Oct. 1, 1991.
§ 25.1411. LAMAR COUNTY. Lamar County has one statutory county court, the County Court at Law of Lamar County.
Added by Acts 1997, 75th Leg., ch. 100, § 1, eff. Sept. 1, 1997.
§ 25.1412. LAMAR 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 Lamar County has:
(1) concurrent jurisdiction with the district court in: (A) probate matters and proceedings, including will contests; (B) family law cases and proceedings; and (C) felony cases to conduct arraignments and pretrial hearings and to accept guilty pleas; and
(2) concurrent jurisdiction with the county and district courts over all suits arising under the Family Code.
(b) The judge of a county court at law must: (1) be a qualified voter in Lamar County; (2) have resided in Lamar County for at least two years; and (3) be a licensed attorney in this state who has actively practiced law or been a judge of a court in this state, or both combined, for at least five years before appointment or election.
(c) The judge of a county court at law: (1) may not engage in the private practice of law; and (2) must comply with Canon 4 of the Code of Judicial Conduct. (d) The judge is entitled to travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as the county judge. The judge of a county court at law shall be paid an annual salary of at least $50,000. The salary shall be paid from the county treasury on order of the commissioners court.
(e) A special judge of a county court at law with the same qualifications as the regular judge may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. If a judge of a county court at law 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 for the case. A special judge is entitled to the same rate of compensation as the regular judge.
(f) The district clerk serves as clerk of a county court at law in matters of concurrent jurisdiction with the district court, and the county clerk serves as clerk of the court in all other matters. Each clerk shall establish a separate docket for a county court at law.
(g) The judge of a county court at law may appoint an official court reporter or the judge may contract for the services of a court reporter.
(h) Practice in a county court at law is that prescribed by law for county courts, except that practice and procedure, rules of evidence, issuance of process and writs, and all other matters pertaining to the conduct of trials and hearings in a county court at law involving cases under the Family Code or Section 23.001 are governed by this section and the laws and rules pertaining to district courts and county courts.
(i) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a county court at law. Jurors regularly impaneled for a week by the district court may, on request of the judge of a county court at law, be made available and shall serve for the week in a county court at law.
(j) An appeal in a civil case from a judgment or order of a county court at law is to the court of appeals as provided for an appeal from a district or county court. An appeal in a criminal case is to the court of appeals as provided for an appeal from a county court. A case appealed from a justice court or other inferior court in Lamar County must be made directly to a county court at law, unless otherwise provided by law.
(k) The judge of a county court at law has the same immunity as a district judge.
Added by Acts 1997, 75th Leg., ch. 100, § 2, eff. Sept. 1, 1997.
§ 25.1481. LIBERTY COUNTY. (a) Liberty County has one statutory county court, the County Court at Law of Liberty County.
(b) The County Court at Law of Liberty County sits in Liberty.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.1482. LIBERTY 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 Liberty County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) This section does not affect the right of appeal to a county court at law from a justice court in cases in which the right of appeal to the county court exists by law.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law may not engage in the private practice of law.
(e) A bond is not required of a judge of a county court at law. (f) The official court reporter of a county court at law is entitled to receive the same compensation, fees, and allowances as the reporters of the district courts in Liberty County.
(g) With the approval of the commissioners court, the judge of a county court at law may appoint a court coordinator or administrative assistant for the court. The court coordinator or administrative assistant performs the duties prescribed by the judge and cooperates with the administrative judges and state agencies for the uniform and efficient operation of the courts and the administration of justice. The court coordinator or administrative assistant is entitled to be paid from county funds the compensation, fees, and allowances set by the commissioners court or as otherwise provided by law.
(h) The commissioners court shall provide the deputy clerks, bailiffs, and other personnel necessary to operate a county court at law.
(i) If the regular judge of the county court at law is absent, disabled, or disqualified from presiding, the presiding judge of the administrative judicial region in which the county is located may appoint a retired district judge or a person licensed to practice law in this state to sit as a special judge.
(j) A special judge must have the same qualifications as the regular judge, except that the only residency requirement for a person who is a retired judge is that the retired judge must reside in the administrative judicial region. A retired judge must have voluntarily retired from office and have certified his willingness to serve.
(k) A special judge must take the oath of office required by law for the regular judge and has all the power and jurisdiction of the court and of the regular judge for whom he is sitting. A special judge may sign orders, judgments, decrees, or other process of any kind as "Judge Presiding" when acting for the regular judge.
(l) A special judge is entitled to receive for the services actually performed the same amount of compensation as the regular judge. The compensation shall be paid out of county funds on certification by the presiding judge of the administrative judicial region that the special judge has rendered the services and is entitled to receive the compensation. The amount of compensation paid to a special judge may not be deducted or paid out of the salary of the regular judge.
(m) The criminal district attorney or county attorney and county sheriff shall attend the county court at law as required by the judge.
(n) Sections 25.0006(b) and 25.0008 do not apply to a county court at law in Liberty County.
(o) A judge of a county court at law may provide that any criminal proceeding in the county court at law be recorded by a good quality electronic recording device instead of by a court reporter, unless the defendant requests that a court reporter be present upon written motion filed with the court not later than 10 days prior to trial. If a recording device is used, the court reporter need not be present at the proceeding to certify the statement of facts.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.44(5), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.11, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 35, 70, eff. Oct. 1, 1991; Acts 1995, 74th Leg., ch. 1059, § 1, eff. Aug. 28, 1995.
§ 25.1541. LUBBOCK COUNTY. (a) Lubbock County has the following statutory county courts:
(1) County Court at Law No. 1 of Lubbock County; (2) County Court at Law No. 2 of Lubbock County; and (3) County Court at Law No. 3 of Lubbock County. (b) County Court at Law No. 1 of Lubbock County and County Court at Law No. 2 of Lubbock County sit in Lubbock.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.14(a), eff. Aug. 28, 1989.
§ 25.1542. LUBBOCK 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 Lubbock County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) A county court at law has original concurrent jurisdiction with the justice courts in all matters prescribed by law for justice courts.
(c) An appeal or writ of error may not be taken to a court of appeals from a final judgment of a county court at law if:
(1) the court had appellate or original concurrent jurisdiction with the justice court; and
(2) the judgment or amount in controversy does not exceed $100, excluding interest and costs.
(d) This section does not deny the return of an appeal to a county court at law where the return of appeals to the county court exists by law.
(e) Appeals from the justice court and other inferior courts in the county must be made directly to a county court at law under provisions governing appeals to county courts.
(f) In family law cases and proceedings, a county court at law has the same terms of court as a district court in the county. In all other matters, a county court at law has terms that begin on the first Mondays in January and July.
(g) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (h) The judge of a county court at law shall be paid an annual salary that is at least 90 percent of the total annual salary, including supplements other than the juvenile board supplement, paid to the judge of the 99th District Court. The salary shall be paid out of the county general fund on order of the commissioners court.
(i) A special judge of a county court at law may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. If the judge of a county court at law 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 is entitled to receive $15 for each day served, to be paid out of the county general fund by the commissioners court.
(j) 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 matters.
(k) The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.
(l) The official court reporter of a county court at law is entitled to the same amount of fees and salary and shall perform the same duties as a district court reporter in the county. The salary shall be paid in the same manner as the salary of a district court reporter.
(m) Practice and procedure and rules of evidence governing trials in and appeals from a county court apply to a county court at law, except that practice and procedure, rules of evidence, issuance of process and writs, and all other matters pertaining to the conduct of trials and hearings involving family law cases and proceedings shall be governed by this section and the laws and rules pertaining to district courts as well as county courts. In family law cases, juries shall be composed of 12 members.
(n) The laws governing the drawing, selection, and service of jurors in county courts apply to a county court at law. Jurors summoned for service in the county court or a county court at law may, by order of the judge of the court to which they are summoned, be transferred to another court for service and may be used as if summoned to the court to which they are transferred.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.14(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.12, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 36, 70, eff. Oct. 1, 1991.
§ 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.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.1572. MCLENNAN 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 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) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) A judge of a county court at law shall be paid an annual salary of not more than $20,000. Each judge receives the same amount as salary. The salary shall be paid out of the county treasury by the commissioners court.
(e) A special judge of a county court at law may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. A special judge is entitled to receive $10 a day for each day served, to be paid out of the county's general fund by the commissioners court.
(f) The practice and procedure in a county court at law must conform to that prescribed by law for county courts.
(g) The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.
(h) An official court reporter is not required to take testimony in a case unless the judge or a party demands that testimony be taken. In cases in which the court reporter is required to take testimony, the clerk shall assess a $3 fee as costs in the case. The clerk shall collect the fee and deposit it in the county treasury. The court reporter shall be available for matters being considered in the county court if the parties before the court request a court reporter and the request is approved by the judge of a county court at law.
(i) The court reporter is entitled to receive the same compensation and to be paid in the same manner as the court reporters of the district courts in McLennan County.
(j) Sections 25.0006(b) and 25.0007 do not apply to a county court at law in McLennan County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.15(a), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 746, § 37, 70, eff. Oct. 1, 1991.
§ 25.1651. MEDINA COUNTY. Medina County has one statutory county court, the County Court at Law of Medina County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.1652. MEDINA 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 Medina County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (c) The judge of a county court at law shall be paid an annual salary that does not exceed 90 percent of the amount paid a district judge in the county. The salary shall be paid out of the county treasury by the commissioners court. The judge is entitled to travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as is allowed the county judge.
(d) A special judge of a county court at law with the same qualifications as the regular judge may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. If a judge of a county court at law 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 for the case. A special judge is entitled to the same rate of compensation as the regular judge.
(e) The district clerk serves as clerk of a county court at law in family law cases and proceedings 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.
(f) The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve a county court at law.
(g) Practice in a county court at law is that prescribed by law for county courts, except that practice and procedure, rules of evidence, issuance of process and writs, and all other matters pertaining to the conduct of trials and hearings involving family law matters and proceedings shall be governed by this section and the laws and rules pertaining to district courts. If a family law case is tried before a jury, the jury shall be composed of 12 members.
(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 request of the county judge or the judge of a county court at law, be made available and shall serve for the week in the county court or a county court at law.
(i) The fees assessed in cases in which the court has concurrent civil jurisdiction with the district court shall be the same as in the district court.
(j) A judge of a county court at law may provide that any criminal proceeding in the county court at law be recorded by a good quality electronic recording device instead of by a court reporter unless, on written motion filed with the court not later than the 10th day before the trial, the defendant requests that a court reporter be present. If a recording device is used, the court reporter need not be present at the proceeding to certify the statement of facts.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 130, § 1, 2, eff. May 17, 1989; Acts 1991, 72nd Leg., ch. 746, § 38, 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 545, § 1, eff. May 31, 1997.
§ 25.1671. MIDLAND COUNTY. Midland County has the following statutory county courts:
(1) County Court at Law of Midland County; and (2) County Court at Law No. 2 of Midland County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.1672. MIDLAND 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 Midland County has concurrent jurisdiction with the district court in:
(1) family law cases and proceedings; and (2) civil cases in which the matter in controversy exceeds $500 but does not exceed $500,000, excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs, as alleged on the face of the petition.
(b) A county court at law has the same terms of court as the County Court of Midland County.
(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 24.303.
(d) The judge of a county court at law shall be paid an annual salary that is at least equal to the amount that is $1,000 less than the total annual salary, including supplements, of a district judge in the county and is entitled to receive travel, educational, and necessary office expenses, including administrative and clerical assistance, in at least the same manner and amount as the county judge. The bailiffs and official court reporters of the county courts at law shall receive the same compensation, paid in the same manner, as the bailiffs and official court reporters of the district courts in the county.
(e) Repealed by Acts 1995, 74th Leg., ch. 466, § 5, eff. Sept. 1, 1995. (f) A special judge of a county court at law with the same qualifications as the regular judge may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. A special judge is entitled to the same rate of compensation as the regular judge.
(g) The district clerk serves as clerk of the county courts at law in cases enumerated in Subsection (a) and Section 25.0003(c), and the county clerk serves as clerk of the county courts at law in all other cases.
(h) to (j) Repealed by Acts 1995, 74th Leg., ch. 466, § 5, eff. Sept. 1, 1995.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.13, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 39, 70, eff. Oct. 1, 1991; Acts 1995, 74th Leg., ch. 466, § 1 to 5, eff. Sept. 1, 1995.
§ 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; and (4) County Court at Law No. 4 of Montgomery County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 686, § 1, eff. Jan. 1, 2002.
§ 25.1722. MONTGOMERY 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 Montgomery County has concurrent jurisdiction with the district court in:
(1) family law cases and proceedings; (2) cases and proceedings involving justiciable controversies and differences between spouses, or between parents, or between parent and child, or between any of these and third persons, corporations, trustees, or other legal entities; and
(3) matters involving an inter vivos trust. (b) The commissioners court shall prescribe at least four terms each year for a county court at law in Montgomery County.
(c) The judge of a county court at law may not engage in the private practice of law.
(d) The judge of a county court at law shall be paid an annual salary that is not less than $1,000 less than the total annual salary, including supplements, of any district judge in the county. The salary shall be paid by the county treasurer on order of the commissioners court. The judge of a county court at law is entitled to receive travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as the county judge.
(e) The district clerk of Montgomery County serves as clerk of the county courts at law in cases of concurrent jurisdiction between the district courts and the county courts at law and shall establish separate dockets for the county courts at law. The county clerk serves as clerk of the county courts at law in all other cases. The commissioners court may employ as many assistant county attorneys, deputy sheriffs, and clerks as are necessary to serve the county courts at law.
(f) Except as otherwise provided by this subsection, juries in a county court at law shall be composed of six members. Juries in family law cases and proceedings shall be composed of 12 members, unless the parties agree to a six-member jury.
(g) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to the county courts at law. Jurors may be summoned for service in the county court, a county court at law, or a district court in Montgomery County and used interchangeably in the courts.
(h) Appeals in all cases from judgments and orders of a county court at law are to the court of appeals as provided for appeals from district and county courts.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 419, § 1 to 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 746, § 40, 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 165, § 7.27, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 686, § 2, eff. Jan. 1, 2002.
§ 25.1731. MOORE COUNTY. (a) Moore County has one statutory county court, the County Court at Law of Moore County.
(b) The County Court at Law of Moore County sits in Dumas.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.1732. MOORE 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 Moore County has concurrent civil jurisdiction with the district court in family law cases and proceedings.
(b) This section does not affect the right of appeal to a county court at law from the justice courts in cases in which the right of appeal to the county court exists by law.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law may not engage in the private practice of law.
(e) If the regular judge of a county court at law is absent, disabled, or disqualified from presiding, the presiding judge of the administrative judicial region in which the county is located may appoint a retired district judge or a person licensed to practice in this state to sit as a special judge.
(f) A special judge must have the qualifications required of the regular judge, except that the only residency requirement for a retired judge is that the retired judge be a resident of the administrative judicial region. A retired judge must have voluntarily retired from office and have certified his willingness to serve. A special judge must take the oath of office required of a regular judge.
(g) A special judge has all the power and jurisdiction of the court and of the regular judge for whom he is sitting. A special judge may sign orders, judgments, decrees, or other processes of any kind as "Judge Presiding" when acting for the regular judge.
(h) A special judge is entitled to receive for the services performed the same amount of compensation that the regular judge is entitled to receive for the services. The compensation shall be paid out of county funds on certification by the presiding judge of the administrative judicial region that the special judge has rendered the services and is entitled to receive the compensation. None of the amount paid to a special judge for sitting for the regular judge may be deducted or paid out of the salary of the regular judge.
(i) With the approval of the commissioners court, the judge of a county court at law may appoint a court coordinator or administrative assistant for the court. A court coordinator or administrative assistant performs the duties prescribed by the judge and cooperates with the administrative judges and state agencies for the uniform and efficient operation of the courts and the administration of justice. The court coordinator or administrative assistant is entitled to be paid from county funds the compensation, fees, and allowances that are set by the commissioners court or as otherwise provided by law.
(j) The county attorney, criminal district attorney, and district attorney of Moore County serve as county attorney, criminal district attorney, and district attorney for a county court at law in Moore County. The district clerk serves as clerk of a county court at law in the cases enumerated in Subsection (a)(2) and shall establish a separate docket for the county court at law. The commissioners court shall provide the deputy clerks, bailiffs, and other personnel necessary to operate a county court at law.
(k) Section 25.0008 does not apply to a county court at law in Moore County.
(l) A jury in a county court at law is composed of six persons.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.16(a), 8.44(6), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.14, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 41, 70, eff. Oct. 1, 1991.
§ 25.1761. NACOGDOCHES COUNTY. Nacogdoches County has one statutory county court, the County Court at Law of Nacogdoches County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.1762. NACOGDOCHES 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 Nacogdoches County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) A county court at law has terms that begin on the first Mondays of January, April, July, and October.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) A judge of a county court at law shall be paid an annual salary that is at least $15,000 but not more than 90 percent of the total annual salary paid to the judge of the 145th Judicial District. The salary shall be paid out of the county treasury on orders from the commissioners court. A county court at law judge is entitled to reasonable travel expenses and necessary office expenses, including administrative and clerical assistance.
(e) A judge of a county court at law shall diligently discharge the duties of office on a full-time basis. The judge may not engage in the private practice of law.
(f) A special judge of the county court at law with the same qualifications as the regular judge may be appointed in the manner provided by law for the appointment of a special county judge. If a judge of a county court at law is disqualified from trying, or recuses himself from trying, a case pending in his court, the parties or their attorneys may agree on the selection of a special judge. A special judge is entitled to the same rate of compensation as the regular judge.
(f-1) The district clerk serves as clerk of a county court at law in cases enumerated in Subsections (a)(2)(B) and (C), and the county clerk serves as clerk of a county court at law in all other cases.
(g) The official reporter of a county court at law is entitled to receive a salary that does not exceed the salary of the official reporter of the district court. The judge of the county court at law sets the salary. The salary shall be paid out of the county treasury on order of the commissioners court.
(h) Practice in a county court at law is that prescribed by law for county courts.
(i) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a county court at law. Jurors regularly impaneled for a week by a district court may, at the request of the judge of a county court at law, be made available by the district judge in the numbers requested and shall serve for the week in the county court at law. In matters of concurrent jurisdiction with the district court, if a party to a suit files a written request for a 12-member jury with the clerk of the county court at law at a reasonable time that is not later than 30 days before the date the suit is set for trial, the jury shall be composed of 12 members.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 11, § 1 to 5, eff. Sept. 1, 1990; Acts 1991, 72nd Leg., ch. 746, § 42, 70, eff. Oct. 1, 1991.
§ 25.1791. NOLAN COUNTY. Nolan County has one statutory county court, the County Court at Law of Nolan County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.1792. NOLAN 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 Nolan County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) A county court at law has concurrent jurisdiction with the justice court in criminal matters prescribed by law for justice courts. This section does not affect the right of appeal to a county court at law from a justice court where the right of appeal to the county court exists by law.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law shall be paid an annual salary that is at least equal to 75 percent of, but does not exceed, the total annual salary paid by the state to a district judge in the county.
(e) The judge may not receive from a law firm any money other than money earned before taking office. The judge may not engage in the private practice of law.
(f) If the regular judge of a county court at law is absent, disabled, or disqualified from presiding, the presiding judge of the administrative judicial region in which the county is located may appoint a person to sit as a special judge. The person appointed must have the same qualifications as the regular judge except the only residency requirement for a retired district court or county court at law judge is that the judge reside in the administrative judicial region.
(g) A special judge must take the oath of office required by law for a regular judge and has all the power and jurisdiction of the court and of the regular judge for whom he is sitting. A special judge may sign orders, judgments, decrees, or other process as "Judge Presiding" when acting for the regular judge.
(h) A special judge is entitled to the same rate of compensation as the regular judge. The compensation shall be paid out of the county funds on certification by the presiding judge of the administrative judicial region that the special judge has rendered the services and is entitled to receive the compensation. The compensation paid the special judge may not be deducted from the salary of the regular judge.
(i) The county attorney and county sheriff shall attend a county court at law as required by the judge.
(j) The judge of a county court at law may appoint a court coordinator or administrative assistant. A court coordinator or administrative assistant performs the duties prescribed by the judge and cooperates with the administrative judges and state agencies for the uniform and efficient operation of the courts and the administration of justice. The court coordinator or administrative assistant is entitled to be paid from county funds the compensation, fees, and allowances that are set by the commissioners court or provided by law.
(k) An official court reporter of a county court at law is entitled to receive a salary set by the commissioners court to be paid out of the county treasury, either by salary or by contract as set by the commissioners court. The clerk of the court shall tax as costs, in each civil, criminal, and probate case in which a record of any part of the evidence in the case is made by the reporter, a stenographer's fee of $25. The fee shall be paid in the same manner as other costs in the case. The clerk collects the fee and pays it into the general fund of the county.
(l) The district clerk serves as clerk of a county court at law in matters of concurrent jurisdiction with the district court, and the county clerk serves as clerk of a county court at law in all other cases. The commissioners court shall provide the deputy clerks, bailiffs, and other personnel necessary to operate a county court at law.
(m) If a jury trial is requested in a case enumerated in Subsection (a), the jury shall be composed of six members unless the constitution requires a 12-member jury. Unless a person objects not later than the 10th day after the day the case is set for trial, the person waives the right to a 12-member jury.
(n) Sections 25.0006, 25.0008, and 74.054(b) do not apply to a county court at law in Nolan County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.44(7), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 203, § 1, eff. Aug. 2, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.15, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 43, 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 1151, § 1, eff. Sept. 1, 1997.
§ 25.1801. NUECES COUNTY. (a) Nueces County has the following statutory county courts:
(1) County Court at Law No. 1 of Nueces County; (2) County Court at Law No. 2 of Nueces County; (3) County Court at Law No. 3 of Nueces County; (4) County Court at Law No. 4 of Nueces County; and (5) County Court at Law No. 5 of Nueces County. (b) The County Court at Law No. 1 of Nueces County and the County Court at Law No. 2 of Nueces County sit in Corpus Christi.
(c) The County Court at Law No. 5 of Nueces County shall give preference to:
(1) any proceeding involving an order relating to a child in the possession or custody of the Department of Protective and Regulatory Services or for whom the court has appointed a temporary or permanent managing conservator;
(2) proceedings under Title 3, Family Code; and (3) mental health matters over which the court has jurisdiction under Section 25.1802(a)(4).
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 1134, § 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 679, § 1, eff. June 20, 2003.
§ 25.1802. NUECES COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction provided by Section 25.0003 and other law, and except as limited by Subsection (d), a county court at law in Nueces County has:
(1) the jurisdiction provided by the constitution and by general law for district courts;
(2) concurrent jurisdiction with the district court 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;
(3) concurrent jurisdiction with the district court over civil forfeitures, including surety bond forfeitures without minimum or maximum limitation as to the amount in controversy or remedy sought;
(4) 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) Subtitle C, Title 7, Health and Safety Code; (B) Chapter 462, Health and Safety Code; and (C) Subtitle D, Title 7, Health and Safety Code; (5) jurisdiction over the collection and management of estates of minors, mentally disabled persons, and deceased persons;
(6) concurrent jurisdiction with the district court 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; and
(7) jurisdiction in all cases assigned, transferred, or heard under Sections 74.054, 74.059, and 74.094, Government Code.
(b) A county court at law has original concurrent jurisdiction with the justice courts in all civil and criminal matters prescribed by law for justice courts. Appeals from justice courts and other courts of inferior jurisdiction in Nueces County must be made directly to a county court at law.
(c) A county court at law has four terms beginning on the first Mondays in January, April, July, and October of each year.
(d) 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, Government Code;
(3) contested elections; or (4) except as provided by Subsection (r), family law cases. (e) The judge of County Court at Law No. 1, 2, or 3 of Nueces County may be paid, and the judge of County Court at Law No. 4 and the judge of County Court at Law No. 5 of Nueces County shall each be paid, an annual salary equal to the amount that is $1,000 less than the salary paid by the state to a district judge in the county. The salaries shall be paid in the same manner and from the same fund as prescribed by law for the county judge.
(f) A special judge for the County Courts at Law Nos. 1, 2, and 3 of Nueces County may be appointed or elected as provided by law for a special county judge. The special judge is entitled to receive compensation at the rate of $25 a day for each day served. The compensation shall be paid out of the county's general fund on order of the commissioners court. If the judge of County Court at Law No. 1 of Nueces County 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. If the judge of County Court at Law No. 2 of Nueces County 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 in the same manner as provided by law for a special county judge.
(g) If the regular judge of County Court at Law No. 4 or 5 of Nueces County is absent or disqualified from presiding, a special judge may be appointed by the commissioners court. The person appointed must be recommended by the regular judge or, if the judge is unable to recommend a person, by the board of directors of the Nueces County Bar Association. A special judge is entitled to the same rate of compensation as the regular judge. A special judge has all the powers, duties, and immunities of the regular judge.
(h) The county sheriff shall, in person or by deputy, attend the County Court at Law No. 1 or 2 of Nueces County as required by the judge. The county sheriff serves the county courts at law as provided by Section 25.0010(b).
(i) The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve the County Courts at Law Nos. 3, 4, and 5 of Nueces County.
(j) Practice in a county court at law is that prescribed by law for county courts.
(k) The laws governing the drawing, selection, service, and pay of jurors prescribed by law for county courts apply to a county court at law. Juries summoned for the county court or a county court at law may by order of the judge of the court to which they were summoned be transferred to another court for service and may be used as if summoned for the court to which they were transferred.
(l) A county court at law does not have general supervisory control over the commissioners court.
(m) A county court at law may not issue writs of habeas corpus in felony cases.
(n) The district clerk serves as clerk of a county court at law in cases enumerated in Subsection (a). The district clerk shall establish a separate docket for each county court at law. In matters of concurrent jurisdiction with the district court, the district clerk shall charge the same fees as are allowed in district court cases, except that in cases enumerated in Subsections (a)(2) and (a)(4) and in misdemeanor cases other than those involving official misconduct, the clerk may not charge higher fees than the fees charged by county clerks for similar cases.
(o) If a jury trial is requested in a case that is in a county court at law's jurisdiction, the jury shall be composed of six members unless the constitution requires a 12-member jury. Failure to object before a six-member jury is seated and sworn constitutes a waiver of a 12-member jury.
(p) If any cause or proceeding is lodged with the district clerk and the district clerk files, dockets, or assigns the cause or proceeding in or to a county court at law and the county court at law does not have subject matter jurisdiction over the cause or proceeding, then the filing, docketing, or assignment of the cause or proceeding in or to a county court at law is considered a clerical error and that clerical error shall be corrected by a judgment or order nunc pro tunc. The cause or proceeding is considered filed, docketed, or assigned to the district court of the local administrative judge in the first instance rather than to a county court at law of Nueces County. The judge of a county court at law of Nueces County who acts in the cause or proceeding is considered assigned to the district court of the local administrative judge for that purpose and has all the powers of the judge of that district court under the assignment.
(q) The judges of the county courts at law of Nueces County have the same judicial immunity as a district judge.
(r) In addition to the jurisdiction provided by this section for statutory county courts of Nueces County, the County Court at Law No. 5 of Nueces County has jurisdiction of:
(1) proceedings under Title 3, Family Code; and (2) any proceeding involving an order relating to a child in the possession or custody of the Department of Protective and Regulatory Services or for whom the court has appointed a temporary or permanent managing conservator.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1995, 74th Leg., ch. 796, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 549, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 431, § 3, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1134, § 2, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 679, § 2, eff. June 20, 2003.
§ 25.1831. ORANGE COUNTY. (a) Orange County has the following statutory county courts:
(1) the County Court at Law of Orange County; and (2) the County Court at Law No. 2 of Orange County. (b) A county court at law in Orange County sits at the county seat.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 377, § 4(a), eff. Sept. 1, 2003.
§ 25.1832. ORANGE 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 Orange County has concurrent jurisdiction with the district court in:
(1) family law cases and proceedings; and (2) cases and proceedings involving justiciable controversies and differences between spouses, between parents, between parent and child, or between any of these and third persons.
(b) A county court at law has the same terms of court as a district court in Orange County.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law may not appear and plead as an attorney at law in any court of record in the state. The judge may not appear and practice as an attorney at law in any court over which he has original or appellate jurisdiction.
(e) The judge of a county court at law shall be paid an annual salary in an amount that is at least the amount the judge of the County Court at Law of Orange County was paid June 15, 1971, but not more than the amount paid a district judge by the state. The salary shall be paid out of the county treasury on order of the commissioners court.
(f) If the judge of a county court at law is disqualified, ill, or for any reason unable to hold court on any matters pending in the county court at law, the fact shall be brought to the attention of a district judge in the county by any attorney, and the district judge shall dispose of the matters requiring attention in the district courts of the county. If a special judge is necessary, he may be selected in the manner provided by law for the selection of a special district court judge.
(g) 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 clerk of the court in all other matters. The commissioners court may employ as many additional assistant county attorneys, deputy sheriffs, and clerks as are necessary to serve a county court at law.
(h) The probation department, welfare agencies, sheriff, constables, and other law enforcement agencies of the state, county, and city shall furnish a county court at law with services in the line of their respective duties as are required by a county court at law. All sheriffs and constables within the state shall render the same services with reference to process and writs from the district court, county court, and probate court.
(i) Except as otherwise required by law, a jury in a county court at law is composed of six members.
(j) Jurors regularly impaneled for the week by the district court may, at the request of the judge of a county court at law or the county judge, be made available by the district judge in the numbers requested and shall serve for the week in the county court, county court at law, or both courts.
(k) Appeals in all cases from judgments and orders of the court shall be to the court of appeals as provided by law for appeals from district and county courts.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 44, 70, eff. Oct. 1, 1991; Acts 2003, 78th Leg., ch. 377, § 4(b), eff. Sept. 1, 2003.
§ 25.1851. PANOLA COUNTY. Panola County has one statutory county court, the County Court at Law of Panola County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.1852. PANOLA COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction provided by Section 25.0003 and other law, and notwithstanding any law granting exclusive jurisdiction to the district court, a county court at law in Panola County has concurrent jurisdiction with the district court.
(b) A county court at law has concurrent jurisdiction with the justice court in all criminal matters prescribed by law for justice courts. This section does not affect the right of appeal to a county court at law from a justice court where the right of appeal to the county court exists by law.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law shall be paid an annual salary that is at least equal to the amount that is $1,000 less than the total annual salary, including supplements, received by a district judge in the county.
(e) The judge may not receive any money from a law firm, except money earned before taking office. The judge of a county court at law may not engage in the private practice of law.
(f) The judge may appoint a court coordinator or administrative assistant for a county court at law. A court coordinator or administrative assistant performs the duties prescribed by the judge and cooperates with the administrative judges and state agencies for the uniform and efficient operation of the courts and the administration of justice. The court coordinator or administrative assistant is entitled to be paid from county funds the compensation, fees, and allowances set by the commissioners court or as otherwise provided by law.
(g) The district clerk serves as clerk of a county court at law in matters of concurrent jurisdiction with the district court and the county clerk shall serve as clerk of the county courts at law in all other cases. The commissioners court shall provide the deputy clerks, bailiffs, and other personnel necessary to operate a county court at law.
(h) The criminal district attorney or county attorney and the county sheriff shall attend a county court at law as required by the judge.
(i) If the regular judge of a county court at law is absent or disqualified from presiding, the presiding judge of the administrative judicial region in which the county is located may appoint a person with the same qualifications as the regular judge to sit as special judge. A retired district or county court at law judge may be appointed as a special judge. The only residency requirement for a retired judge is that the judge reside in the administrative judicial region. A special judge must take the oath of office required by law for the regular judge and has the power and jurisdiction of the court and of the regular judge. A special judge may sign orders, judgments, decrees, or other process of any kind as "Judge Presiding" when acting for the regular judge. A special judge receives the same rate of compensation as the regular judge. The compensation shall be paid out of the county funds on certification by the presiding judge of the administrative judicial region that the special judge has rendered the services and is entitled to receive the compensation. The amount paid to the special judge may not be deducted from the salary of the regular judge.
(j) Section 21.002, Property Code, does not affect the jurisdiction of a county court at law in Panola County.
(k) Sections 25.0006 and 25.0008 do not apply to a county court at law in Panola County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.44(8), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.16, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 564, § 1, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, § 45, 70, eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 601, § 1, eff. Sept. 1, 1993.
§ 25.1861. PARKER COUNTY. (a) Parker County has the following statutory county courts:
(1) the County Court at Law of Parker County; and (2) the County Court at Law No. 2 of Parker County. (b) The County Court at Law of Parker County sits in Weatherford.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 377, § 6(a), eff. Sept. 1, 2003.
§ 25.1862. PARKER COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction provided by Section 25.0003 and other law, and except as limited by Subsection (b), a county court at law in Parker County has the jurisdiction provided by the constitution and by general law for district courts.
(b) A county court at law does not have jurisdiction of felony cases, except as otherwise provided by law.
(c) A county court at law does not have general supervisory control over the commissioners court.
(d) A county court at law may not issue writs of habeas corpus in felony cases.
(e) The district clerk serves as clerk of a county court at law in cases in the concurrent jurisdiction of the county courts at law and the district courts, and the county clerk serves as the clerk in all other cases. The district clerk shall establish a separate docket for each county court at law.
(f) A special judge of a county court at law may be appointed or elected in the manner provided by law for the appointment or election of a special county judge.
(g) A special judge must take the oath of office required by law for the regular judge and has all the power and jurisdiction of the court and of the regular judge. A special judge may sign orders, judgments, decrees, or other process as "Judge Presiding" when acting for the regular judge.
(h) A special judge is entitled to receive for each day served the same amount of daily compensation that the regular judge receives for services. The amount paid a special judge for sitting for a regular judge may not be deducted or paid out of the salary of the regular judge.
(i) The district attorney or county attorney and the county sheriff, in person or by deputy, shall attend a county court at law as required by the judge.
(j) The commissioners court shall provide the deputy clerks, bailiffs, and other personnel necessary to operate a county court at law.
(k) If a jury trial is requested in a case that is in a county court at law's jurisdiction as provided by Subsection (a), the jury shall be composed of six members unless the constitution requires a 12-member jury. Failure to object before a six-member jury is seated and sworn constitutes a waiver of a 12-member jury.
(l) The official court reporter's fee shall be taxed as costs in civil actions in the same manner as that fee is taxed in civil cases in the district courts.
(m) On request of a county court at law judge, jurors regularly impaneled for a week by the district courts may be made available and shall serve for the week in the county court at law.
(n) A county court at law of Parker County may summon jurors for service in the court in the manner provided by law for county courts. Juries summoned for the County Court of Parker County or a county court at law of Parker County may, by order of the judge of the court in which they are summoned, be transferred to the other court for service.
(o) The judge of a county court at law shall be paid an annual salary that is at least equal to the amount that is $1,000 less than the total annual salary, including supplements, received by a district judge in the county.
(p) A vacancy in the office of judge of a county court at law is filled by appointment by the commissioners court.
(q) The judges of the county courts at law may divide each term of court into as many sessions as they consider necessary for the disposition of business and may extend a particular term of court if practicable for the efficient and justiciable disposition of individual proceedings and matters.
(r) The official court reporter of a county court at law must be well skilled in the court reporter's profession. The official court reporter of a county court at law is a sworn officer of the court who holds office at the pleasure of the court. The official court reporter of a county court at law is entitled to receive at least the same amount as compensation as the official court reporters in the district courts in the county. The compensation shall be paid in the same manner that the district court reporters are paid.
(s) If any cause or proceeding is lodged with the district clerk and the district clerk files, dockets, or assigns the cause or proceeding in or to a county court at law and the county court at law does not have subject matter jurisdiction over the cause or proceeding, then the filing, docketing, or assignment of the cause or proceeding in or to a county court at law is considered a clerical error and that clerical error shall be corrected by a judgment or order nunc pro tunc. The cause or proceeding is considered filed, docketed, or assigned to the district court of the local administrative judge in the first instance rather than to a county court at law. The judge of a county court at law who acts in the cause or proceeding is considered assigned to the district court of the local administrative judge for that purpose and has all the powers of the judge of that district court under the assignment.
(t) A county court at law judge has jurisdiction to grant an order permitting a marriage ceremony to take place during a 72-hour period immediately following the issuance of a marriage license in Parker County.
(u) The judges of the county courts at law have the same judicial immunity as a district judge.
(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 24.303.
(w) A judge of a county court at law and a judge of a district court may exchange benches and may sit and act for each other in any matter pending before the court.
(x) The judges of the county courts at law may from time to time transfer criminal misdemeanor cases to other county courts at law to equalize the criminal misdemeanor dockets of the county courts at law for the efficient operation of the court system and the effective administration of justice.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.17, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 46, 70, eff. Oct. 1, 1991; Acts 1999, 76th Leg., ch. 1056, § 1, eff. June 18, 1999; Acts 2003, 78th Leg., ch. 377, § 6(b), eff. Sept. 1, 2003.
§ 25.1863. PROBATE JURISDICTION: CONTESTED CASES. (a) Except as provided by Subsection (b), a county court at law in Parker County does not have the jurisdiction of a probate court.
(b) A county court at law has concurrent jurisdiction with the district court over contested probate matters. Notwithstanding the requirement in Subsection (b), Section 5, Texas Probate Code, that the judge of the constitutional county court transfer a contested probate proceeding to the district court, the judge of the constitutional county court shall transfer the proceeding under that section to either the County Court at Law of Parker County or the district court. The county court at law has the jurisdiction, powers, and duties that a district court has under Subsection (b), Section 5, Texas Probate Code, for the transferred proceeding, and the county clerk acts as clerk for the proceeding. The contested proceeding may be transferred between the county court at law and the district court as provided by local rules of administration.
Added by Acts 1989, 71st Leg., ch. 2, § 8.17(a), eff. Aug. 28, 1989. Amended by Acts 2003, 78th Leg., ch. 377, § 6(c), eff. Sept. 1, 2003.
§ 25.1891. POLK COUNTY. Polk County has one statutory county court, the County Court at Law of Polk County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.1892. POLK 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 Polk County has concurrent civil jurisdiction with the district court in:
(1) cases and proceedings involving the collection of delinquent taxes, penalties, interest, and costs and the foreclosure of tax liens; and
(2) family law cases and proceedings. (b) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (c) The judge of a county court at law shall be paid an annual salary in an amount that is at least equal to 80 percent of the annual salary, including supplements, paid the district judges in the county. The salary shall be paid by the county treasurer on order of the commissioners court.
(d) The judge may not engage in the private practice of law. (e) The county attorney or district attorney serves a county court at law as required by the judge. The district clerk serves as clerk of a county court at law in cases enumerated in Subsection (a)(2), and the county clerk serves as clerk in all other cases. The district clerk shall establish a separate docket for a county court at law. The commissioners court may employ as many additional assistant county attorneys, deputy sheriffs, and clerks as are necessary to serve a county court at law.
(f) The jury in all civil or criminal matters shall be composed of 12 members, except that in misdemeanor criminal cases and any other cases in which the court has concurrent jurisdiction with the county court the jury shall be composed of six members.
(g) Appeals in all cases from judgments and orders of the county court at law are to the court of appeals as provided for appeals from district and county courts.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.18, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 47, 70, eff. Oct. 1, 1991.
§ 25.1901. POTTER COUNTY. (a) Potter County has the following statutory county courts:
(1) County Court at Law No. 1 of Potter County; and (2) County Court at Law No. 2 of Potter County. (b) The county courts at law of Potter County sit in Amarillo.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.18(a), eff. Aug. 28, 1989.
§ 25.1902. POTTER 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 Potter County has concurrent jurisdiction with the justice courts in civil matters prescribed by law for justice courts. A county court at law or its judge does not have jurisdiction to act as coroner or to preside at inquests in Potter County. A county court at law does not have jurisdiction over claims within the jurisdiction of the small claims court.
(b) The County Court at Law No. 2 of Potter County also has concurrent jurisdiction with the district court in family law cases and proceedings.
(c) An appeal or writ of error may not be taken to the court of appeals from a final judgment of a county court at law if:
(1) the judgment or amount in controversy does not exceed $100, exclusive of interest and costs; and
(2) the case is a civil case over which the court has appellate or original concurrent jurisdiction with the justice court.
(d) This section does not affect the right of appeal to a county court at law from a justice court in cases in which the right of appeal to the county court exists.
(e) The commissioners court sets the terms of a county court at law in the same manner provided by law for setting terms of court for county courts.
(f) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (g) The judge of a county court at law may not engage in the private practice of law.
(h) Repealed by Acts 1995, 74th Leg., ch. 242, § 1, eff. Aug. 28, 1995. (i) A special judge of a county court at law may be appointed or elected as provided by law for county judges. If a judge of a county court at law 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 of the County Court at Law of Potter County is entitled to receive $30 a day for each day served. The commissioners court shall pay a special judge out of the county's general fund.
(j) The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.
(k) The jurisdiction and authority vested in the County Court of Potter County for the drawing, selection, and service of jurors shall also be exercised by a county court at law of Potter County. Jurors summoned for any court may by order of the judge of the court in which they are summoned be transferred to another court and may be used as if summoned by the court to which they were transferred. On concurrence by the judges of the county court and county courts at law jurors may be summoned for service in any court and may be used interchangeably in the courts.
(l) Sections 25.0005(b) and 25.0007 do not apply to a county court at law in Potter County.
(m) The district clerk serves as clerk of a county court at law in matters enumerated in Subsections (b)(1), (b)(2), and (b)(3); the county clerk serves as clerk of the court in all other matters.
(n) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.18(b) to (g), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1100, § 4.02(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.19, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 16, § 8.01, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, § 48, 70, eff. Oct. 1, 1991; Acts 1995, 74th Leg., ch. 242, § 1, eff. Aug. 28, 1995.
§ 25.1931. RANDALL COUNTY. (a) Randall County has two statutory county courts:
(1) the County Court at Law No. 1 of Randall County; and (2) the County Court at Law No. 2 of Randall County. (b) A county court at law of Randall County sits in the county seat or at another location in the county as assigned by the local administrative statutory county court judge.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.19(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 1st C.S., ch. 29, § 1, eff. Oct. 18, 1989; Acts 2003, 78th Leg., ch. 1298, § 1, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 51, § 1, eff. Sept. 1, 2005.
§ 25.1932. RANDALL 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 Randall County has concurrent jurisdiction with the district court in:
(1) family law cases and proceedings; (2) cases and proceedings involving justiciable controversies and differences between spouses, or between parents, or between parent and child, or between any of these and third persons;
(3) civil cases in which the amount in controversy is within the limits prescribed by Section 25.0003(c)(1); and
(4) felony cases to conduct arraignments, conduct pretrial hearings, and accept pleas in uncontested matters.
(a-1) to (a-3) Repealed by Acts 1989, 71st Leg., 1st C.S., ch. 29, § 4, eff. Oct. 18, 1989.
(b) A county court at law has terms beginning on the first Mondays of January and July of each year.
(b-1) Repealed by Acts 1989, 71st Leg., 1st C.S., ch. 29, § 4, eff. Oct. 18, 1989.
(c) The judge of a county court at law may not engage in the private practice of law.
(d) The salary paid the judge of a county court at law shall be paid out of the county treasury by the commissioners court, except as otherwise provided by law.
(e) The judge of a county court at law is entitled to travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as the county judge.
(f) A special judge of a county court at law with the same qualifications as the regular judge may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. If a judge of a county court at law 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 for the case. A special judge is entitled to the same rate of compensation as the regular judge.
(g) The district clerk serves as clerk of a county court at law in cases of concurrent jurisdiction with the district court, and the county clerk serves as clerk of the court in all other cases.
(h) The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve a county court at law.
(i) Practice in a county court at law is that prescribed by law for county courts, except that practice and procedure, rules of evidence, issuance of process and writs, and all other matters pertaining to the conduct of trials and hearings in a county court at law involving cases in the court's concurrent jurisdiction with the district court shall be governed by this section and the laws and rules pertaining to district courts as well as county courts. If a case in the court's concurrent jurisdiction with the district court is tried before a jury, the jury shall be composed of 12 members.
(j) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a county court at law. Jurors regularly impaneled for a week by a district court may, on request of the county judge or the judge of a county court at law, be made available and shall serve for the week in the county court or a county court at law.
(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 24.303.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.19(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 1st C.S., ch. 29, § 2 to 4, eff. Oct. 18, 1989; Acts 1991, 72nd Leg., ch. 746, § 49, 70, eff. Oct. 1, 1991; Acts 2003, 78th Leg., ch. 1298, § 2, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 181, § 1, eff. May 27, 2005.
§ 25.1971. REEVES COUNTY. (a) Reeves County has one statutory county court, the County Court at Law of Reeves County.
(b) The County Court at Law of Reeves County sits in Pecos.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.1972. REEVES 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 Reeves County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) A county court at law has the same terms of court as a district court in Reeves County.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law may not engage in the private practice of law in a court in this state.
(e) The judge of a county court at law shall be paid an annual salary that does not exceed 90 percent of the total salary paid the district judge. The salary shall be paid out of the county treasury on order of the commissioners court. The judge is entitled to travel expenses and necessary office expenses, including administrative and clerical assistance.
(f) A special judge of a county court at law may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. If the judge of a county court at law 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 to try the case. A special judge is entitled to receive for each day served compensation in an amount equal to 1/365 of the annual salary of the regular judge, to be paid out of the county's general fund by the commissioners court.
(g) 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 matters.
(h) The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.
(i) Practice in a county court at law is that prescribed by law for county courts, except that practice and procedure, rules of evidence, issuance of process and writs, and all other matters pertaining to the conduct of trials and hearings involving family law cases and proceedings are governed by this section and the laws and rules pertaining to district courts. If a family law case is tried before a jury, the jury shall be composed of 12 members.
(j) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a county court at law. Jurors regularly impaneled for a week by a district court may, on request of the judge of a county court at law, be made available and shall serve for the week in a county court at law.
(k) All cases appealed from the justice courts and other courts of inferior jurisdiction in the county shall be appealed to a county court at law under the provisions governing appeals to county courts.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 50, 70, eff. Oct. 1, 1991.
§ 25.2011. ROCKWALL COUNTY. Rockwall County has one statutory county court, the County Court at Law of Rockwall County.
Added by Acts 2003, 78th Leg., ch. 377, § 5(a), eff. Sept. 1, 2003.
§ 25.2012. ROCKWALL COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction provided by Section 25.0003 and other law, and except as limited by Subsection (b), a county court at law in Rockwall County has, concurrent with the district court, the jurisdiction provided by the constitution and general law for district courts.
(b) A county court at law does not have general supervisory control or appellate review of the commissioners court or jurisdiction of:
(1) felony cases involving capital murder; (2) suits on behalf of the state to recover penalties or escheated property;
(3) misdemeanors involving official misconduct; or (4) contested elections. (c) The district clerk serves as clerk of a county court at law except that the county clerk serves as clerk of the county court at law in matters of mental health, the probate and criminal misdemeanor docket, and all civil matters in which the county court at law does not have concurrent jurisdiction with the district court.
(d) Jurors regularly impaneled for the week by the district courts may, at the request of the judge of a county court at law, be made available by the district judge in the numbers requested and shall serve for the week or until released in the county court at law.
(e) A county court at law may summon jurors through the county clerk for service in the county court at law in the manner provided by the laws governing the drawing, selection, and service of jurors for county courts. Jurors summoned shall be paid in the same manner and at the same rate as jurors for district courts in Rockwall County. By order of the judge of a county court at law, jurors summoned to the county court at law may be transferred to the district court for service in noncapital felony cases.
(f) Notwithstanding Sections 74.091 and 74.0911, a district judge serves as the local administrative judge for the district and statutory county courts in Rockwall County. The judges of district courts shall elect a district judge as local administrative judge for a term of not more than two years. The local administrative judge may not be elected on the basis of rotation or seniority.
(g) When administering a case for the county court at law, the district clerk shall charge civil fees and court costs as if the case had been filed in the district court. In a case of concurrent jurisdiction, the case shall be assigned to either the district court or the county court at law in accordance with local administrative rules established by the local administrative judge.
(h) The judge of the county court at law shall appoint an official court reporter for the court and shall set the official court reporter's annual salary, subject to approval by the county commissioners court. The official court reporter of the county court at law shall take an oath or affirmation as an officer of the court. The official court reporter holds office at the pleasure of the judge of the court and shall be provided a private office in close proximity to the court. The official court reporter is entitled to all rights and benefits afforded all other county employees.
(i) With the approval of the county commissioners court and through the county budget process, the judge of the county court at law shall hire a staff. The staff of the judge of the county court at law consists of a court coordinator and a bailiff. Court personnel employed under this subsection are entitled to receive a salary set by the commissioners court and other employment benefits received by county employees.
(j) Not later than one year after the date of appointment, the bailiff of a county court at law must obtain a peace officer license under Chapter 1701, Occupations Code, from the Commission on Law Enforcement Officer Standards and Education. The sheriff of Rockwall County shall deputize the bailiff of a county court at law. The bailiff of a county court at law is subject to the training and continuing education requirements of a sheriff's deputy of the county. The sheriff shall remove from office a bailiff who does not receive a peace officer license within one year of appointment as required by this subsection.
(k) The judge of a county court at law must be a United States citizen at the time of appointment or election.
(l) The judge of a county court at law shall diligently discharge the duties of the office on a full-time basis and may not engage in the private practice of law.
(m) In matters of concurrent jurisdiction, the judge of a county court at law and the district judge may exchange benches, transfer cases subject to acceptance, assign each other to hear cases, and otherwise manage their respective dockets under local administrative rules.
(n) The judge of a county court at law has the same judicial immunity as a district judge.
Added by Acts 2003, 78th Leg., ch. 377, § 5(a), eff. Sept. 1, 2003.
§ 25.2031. RUSK COUNTY. Rusk County has one statutory county court, the County Court at Law of Rusk County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.2032. RUSK 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 Rusk County has concurrent jurisdiction with the district court in:
(1) family law cases and proceedings; and (2) civil cases. (b) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (c) The judge of a county court at law may not engage in the private practice of law after appointment or election.
(d) The judge of a county court at law shall be paid an annual salary that is at least equal to the amount that is 90 percent of the total annual salary, including supplements, received by a district judge in the county. The commissioners court may provide travel expenses and office expenses, including administrative and clerical assistance, in addition to the judge's salary, as it considers necessary.
(e) A special judge of a county court at law with the same qualifications as the regular judge may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. If a judge of a county court at law 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 for the case. A special judge is entitled to the same rate of compensation as the regular judge.
(f) The district clerk serves as clerk of the county courts at law in matters of concurrent jurisdiction with the district court and the county clerk serves as clerk of the county courts at law in all other cases. The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve a court.
(g) The judge of a county court at law, with the consent of the commissioners court, may employ a secretary. The secretary is entitled to a salary as determined by the commissioners court.
(h) Practice in a county court at law shall conform to that prescribed by general law for county courts. 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 or courts may, on request of either the county judge or the judge of a county court at law, be made available and shall serve for the week in either the county court or county court at law.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 540, § 1, eff. June 14, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.20, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 51, 70, eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 582, § 1, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1143, § 1, eff. June 19, 1997.
§ 25.2071. SAN PATRICIO COUNTY. (a) San Patricio County has one statutory county court, the County Court at Law of San Patricio County.
(b) A county court at law sits in Sinton.
Added by Acts 1989, 71st Leg., ch. 659, § 1, eff. Sept. 1, 1989.
§ 25.2072. SAN PATRICIO 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 San Patricio County has concurrent jurisdiction with the district court in matters involving the juvenile and child welfare law of this state.
(b) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (c) The judge of a county court at law may not engage in the private practice of law.
(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.
(e) The terms of a county court at law are the same as those for the County Court of San Patricio County.
(f) A special judge of a county court at law with the same qualifications as the regular judge may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. If a judge of a county court at law 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 for the case. A special judge is entitled to the same rate of compensation as the regular judge. The amount paid to the special judge may not be deducted or paid out of the salary of the regular judge.
(g) The judge of a county court at law shall appoint an official shorthand reporter for the court. The reporter must have the qualifications required by law for official shorthand reporters. The reporter shall be a sworn officer of the court and shall hold office at the pleasure of the court. The reporter must take the oath required of official court reporters. The official court reporter of a county court at law is entitled to a salary set by the commissioners court. The salary shall be paid out of the county treasury in equal monthly installments.
(h) Practice in a county court at law is that prescribed by law for county courts.
(i) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a county court at law. Jurors regularly impaneled for a week by the district court may, on request of a judge of a county court at law, be made available and shall serve for the week in the county court at law.
(j) The judge of a county court and the judge of a county court at law may transfer cases to and from the dockets of their respective courts in matters within their jurisdiction in order that the business may be distributed between them. However, a case may not be transferred from one court to another without the consent of the judge of the court to which it is transferred, unless it is within the jurisdiction of the court to which it is transferred.
(k) In all cases transferred to a county court at law and in all cases transferred to the county court by order of the judge of the other court, all processes, writs, bonds, recognizances, or other obligations issued or made in the cases shall be returned to and filed in the court to which the transfer is made. All bonds executed and recognizances entered into in those cases shall bind the parties for their appearance or to fulfill the obligations on the bonds or recognizances at the terms of court to which the cases are transferred as are fixed by law. All processes issued or returned before transfer of the cases as well as all bonds and recognizances taken in the case are valid and binding as though originally issued out of the court to which the transfer is made.
(l) The county judge and the judge of a county court at law may freely exchange benches and the courtroom with each other in matters within their jurisdiction, so that if one is ill, disqualified, or otherwise absent, the other may hold court for him without the necessity of transferring the case involved. However, the judge of one court may not assume the bench of the other court without the consent of the judge of the other court set forth by order recorded in the minutes of the other court. Either judge may hear all or any part of a case pending in the county court or a county court at law, but only in matters within his jurisdiction, and may rule and enter orders on and continue, determine, or render judgment on all or any part of the case without the necessity of transferring it to his own docket. Each judgment and order shall be entered in the minutes of the court in which the case is pending. The provisions for the exchange of benches by and between the judges are in addition to the provisions in this section for the selection and appointment of a special judge of a court at law.
(m) The judge of the county court and the judge of a county 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 court at law are unable to agree on a filing, docketing, and assignment of cases plan, the presiding judge of the 36th Judicial District shall design a plan for both courts.
(n) The county clerk shall establish a separate docket for the court created by this section from among pending matters filed originally in the County Court of San Patricio County and shall transfer those matters to the docket of the court created by this section.
Added by Acts 1989, 71st Leg., ch. 659, § 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 746, § 52, 70, eff. Oct. 1, 1991.
§ 25.2141. SMITH COUNTY. (a) Smith County has the following statutory courts:
(1) County Court at Law of Smith County; (2) County Court at Law No. 2 of Smith County; and (3) County Court at Law No. 3 of Smith County. (b) The county courts at law of Smith County sit in Tyler.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 102, § 1, eff. May 15, 1997.
§ 25.2142. SMITH COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction provided by Section 25.0003 and other law, and except as limited by Subsection (a-1), a county court at law in Smith County has the jurisdiction provided by the constitution and by general law for district courts.
(a-1) A county court at law does not have jurisdiction of: (1) capital felony cases or felonies of the first or second degree; (2) suits on behalf of the state to recover penalties, forfeiture, or escheat;
(3) misdemeanors involving official misconduct; or (4) contested elections. (b) A county court at law has concurrent jurisdiction with the county court in mental illness matters and proceedings under Subtitle C, Title 7, Health and Safety Code.
(c) The terms of a county court at law are the same as the terms of the County Court of Smith County and may be changed as provided by law for changing the terms of the county court.
(d) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (e) The judge of a county court at law may not engage in the private practice of law.
(f) The commissioners court may, by an issued and signed order, require the judge of a county court at law to execute a bond in an amount set by the commissioners court. The commissioners court may require a bond of any special judge or visiting judge assigned to a county court at law. If the commissioners court requires a bond, the commissioners court must pay the appropriate fee for the bond from county funds.
(g) The judge of a county court at law may be paid an annual salary that is equal to the amount that is $1,000 less than the total annual salary, including supplements, paid a district judge in the county. The salary shall be paid to the judge in equal installments at the established county pay periods. The salary shall be paid out of the general fund of the county by warrants drawn on the county treasury on order of the commissioners court. The judge of a county court at law shall assess the fees prescribed by law relating to county judges and district judges according to the nature of the matter brought before the judge.
(h) If the office of judge of a county court at law is vacant, if the regular judge is absent, disabled, or disqualified from presiding, or if the regular judge of a county court at law certifies that the orderly administration of justice in the court requires the temporary assistance of a special judge or visiting judge, the presiding judge of the administrative judicial region in which the county is located may appoint a person to sit as a special or visiting judge.
(i) A special judge of a county court at law must: (1) be a citizen of the United States; (2) have resided in the county for at least one year before appointment; and
(3) be a licensed attorney in this state and have actively practiced law for at least five years before appointment.
(j) A special judge of a county court at law must take the constitutional oath of office.
(k) A visiting judge of a county court at law must: (1) be a former judge of a district court or statutory county court, or an active judge of a district court or county court at law;
(2) not appear and plead as an attorney at law in any court of this state while serving as a visiting judge;
(3) have been a successful candidate for election in at least two general elections for judge of a district court or statutory county court;
(4) not have been removed from office by impeachment, the supreme court, the governor on address of the legislature, or by the State Commission on Judicial Conduct; and
(5) not have resigned as judge of a court while under investigation by the State Commission on Judicial Conduct.
(l) A special judge or visiting judge of a county court at law may sign orders, judgments, decrees, or any other process authorized by law as "Judge Presiding" when acting for the regular judge.
(m) In appointing a visiting judge, preference shall be given to the appointment of a former judge of a statutory county court. If a judge of a statutory county court is not available, the presiding judge of the judicial district may appoint a former judge of a district court or an active judge of a district court or county court at law.
(n) A special judge of a county court at law is entitled to receive for services actually performed the same amount of compensation as the regular judge. A former judge sitting as a visiting judge of a county court at law is entitled to receive for services performed the same amount of compensation that the regular judge receives, less an amount equal to the pro rata annuity received from any state, district, or county retirement fund. An active judge sitting as a visiting judge of a county court at law is entitled to receive for services performed the same amount of compensation that the regular judge receives, less an amount equal to the pro rata compensation received from state or county funds as salary, including supplements.
(o) A visiting judge of a county court at law is entitled to receive reimbursement for food and lodging expenses incurred, in an amount not to exceed the sum paid visiting judges of district courts in the state, and for actual travel expenses between the residence of the visiting judge and the county court at law.
(p) The compensation, including authorized expenses, for a county court at law judge, special judge, or visiting judge shall be paid by the commissioners court. Payment to a special judge or visiting judge shall be made on certification by the presiding judge of the administrative judicial region that the special judge or visiting judge has rendered the service and is entitled to receive the compensation. The amount paid to a special judge or visiting judge may not be deducted from the salary or allowable expenses of the regular judge.
(q) A special or visiting judge of a county court at law has all the powers, jurisdiction, authority, duties, immunities, and privilege provided by law for the county court at law or its judge, except those powers and that authority associated with the appointment or assignment of court personnel.
(r) The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.
(s) The official court reporter of a county is entitled to receive a salary set by the commissioners court. If possible, the commissioners court shall set the salary at an amount equal to the amount of compensation, fees, and allowances received by the court reporters of the district courts in Smith County. The official court reporter shall perform any reasonable court-related duties required by the judge of the court.
(t) The judge of a county court at law may appoint a court coordinator or administrative assistant. A court coordinator or administrative assistant performs the duties prescribed by the judge and cooperates with the administrative judges and state agencies for uniform and efficient operation of the court and the administration of justice. The court coordinator or administrative assistant is entitled to be paid from county funds the compensations, fees, and allowances set by the commissioners court. The court coordinator or administrative assistant serves the judge of the court and holds office at the pleasure of the judge. If possible, the commissioners court shall set the salary of the court coordinator or administrative assistant at an amount equal to the amount paid the court coordinator or administrative assistant of the district courts of Smith County.
(u) A county court at law may draw jurors from the central jury panel summoned through the district clerk's office in Smith County for jurors to serve in district court, county court, county courts at law, and other courts in the county. The laws governing the drawing, selection, and service of jurors for county courts apply to a county court at law. Jurors summoned for the county court or the county courts at law may by order of the judge of the court in which they are summoned be transferred to another court for service and may be used as if summoned for the court to which they are transferred. If the judges of the county court and county courts at law agree, jurors may be summoned for service in the judges' courts and used interchangeably in the courts.
(v) Except as otherwise provided by this section, juries in a county court at law shall be composed of six members. In matters of concurrent jurisdiction with the district court, if a party to the suit requests a 12-member jury, the jury shall be composed of 12 members. In a civil case tried in a county court at law, the parties may, by mutual agreement and with the consent of the judge, agree to try the case with any number of jurors and agree to have a verdict rendered and returned by the vote of any number of jurors less than all those hearing the case.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 21, § 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, § 8.44(9), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.21, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 76, § 12, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 53, 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 449, § 1, eff. Sept. 1, 1997.
§ 25.2161. STARR COUNTY. Starr County has one statutory county court, the County Court at Law of Starr County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.2162. STARR 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 Starr County has concurrent jurisdiction with the district court in:
(1) family law cases and proceedings; and (2) controversies involving title to real property. (b) This section does not affect the right of appeal to a county court at law from the justice court in cases in which the right of appeal to the county courts exists by law.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law may engage in the private practice of law but may not appear and plead as an attorney in any court of record in this state or in any court over which the judge has appellate jurisdiction.
(e) The judge of a county court at law shall be paid an annual salary that is at least equal to the salary paid the county judge but not more than $1,000 less than the total annual salary, including supplements, paid a district judge in the county.
(f) If the regular judge of a county court at law is absent, disabled, or disqualified from presiding, the presiding judge of the administrative judicial region in which the county is located may appoint a person with the same qualifications as the regular judge to sit as a special judge.
(g) A special judge must take the oath of office required by law for the regular judge and has all the power and jurisdiction of the court and the regular judge. A special judge may sign orders, judgments, decrees, or any other process as "Judge Presiding" when acting for the regular judge.
(h) A special judge is entitled to receive for services actually performed the same amount of compensation that the regular judge receives for those services. The compensation shall be paid out of county funds on certification by the presiding judge of the administrative judicial region that the special judge has rendered the services and is entitled to receive the compensation. The amount paid to a special judge may not be deducted or paid out of the salary of the regular judge.
(i) The district clerk serves as clerk of a county court at law in matters of concurrent jurisdiction with the district court and shall establish a separate docket for the county court at law. The county clerk serves as clerk of the court in all other matters.
(j) The commissioners court shall provide the assistant county attorneys, deputy sheriffs, deputy clerks, bailiffs, and other personnel necessary to operate a county court at law.
(k) With the approval of the commissioners court, the judge of a county court at law may appoint a court coordinator or administrative assistant for the court. A court coordinator or administrative assistant performs the duties prescribed by the judge and cooperates with the administrative judges and state agencies for the uniform and efficient operation of the courts and the administration of justice. The court coordinator or administrative assistant is entitled to be paid from county funds the compensation, fees, and allowances set by the commissioners court or as otherwise provided by law.
(l) Section 25.0008 does not apply to a county court at law in Starr County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.44(10), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 1st C.S., ch. 30, § 1, eff. Aug. 2, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.22, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 31, § 1, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, § 54, 70, eff. Oct. 1, 1991.
§ 25.2221. TARRANT COUNTY. (a) Tarrant County has the following county courts at law:
(1) County Court at Law No. 1 of Tarrant County; (2) County Court at Law No. 2 of Tarrant County; and (3) County Court at Law No. 3 of Tarrant County. (b) Tarrant County has the following county criminal courts: (1) County Criminal Court No. 1 of Tarrant County; (2) County Criminal Court No. 2 of Tarrant County; (3) County Criminal Court No. 3 of Tarrant County; (4) County Criminal Court No. 4 of Tarrant County; (5) County Criminal Court No. 5 of Tarrant County; (6) County Criminal Court No. 6 of Tarrant County; (7) County Criminal Court No. 7 of Tarrant County; (8) County Criminal Court No. 8 of Tarrant County; (9) County Criminal Court No. 9 of Tarrant County; and (10) County Criminal Court No. 10 of Tarrant County. (c) Tarrant County has the following statutory probate courts: (1) Probate Court No. 1 of Tarrant County; and (2) Probate Court No. 2 of Tarrant County. (d) Repealed by Acts 1997, 75th Leg., ch. 317, § 3, eff. Sept. 1, 1997.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 38, § 1, eff. Oct. 20, 1987; Acts 1989, 71st Leg., ch. 2, § 8.20(a), eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 354, § 1, 2, eff. Jan. 1, 1995; Acts 1997, 75th Leg., ch. 317, § 1, 3, eff. Sept. 1, 1997.
§ 25.2222. TARRANT COUNTY COURT AT LAW PROVISIONS. (a) A county court at law in Tarrant County has jurisdiction over all civil matters and causes, original and appellate, prescribed by law for county courts. The County Court at Law No. 1 of Tarrant County also has jurisdiction over all criminal matters and causes, original and appellate, prescribed by law for county courts. The County Courts at Law Nos. 2 and 3 of Tarrant County do not have criminal jurisdiction.
Text of subsec. (b) as amended by Acts 1991, 72nd Leg., ch. 22, § 1 and Acts 2005, 79th Leg., ch. 265, § 6.005
(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 $100,000, excluding mandatory damages and penalties, attorney's fees, interest, and costs;
(2) nonjury family law cases and proceedings; (3) final rulings and decisions of the division of workers' compensation of the Texas Department of Insurance regarding workers' compensation claims, regardless of the amount in controversy;
(4) eminent domain proceedings, both statutory and inverse, regardless of the amount in controversy;
(5) suits to decide the issue of title to real or personal property; (6) suits to recover damages for slander or defamation of character; (7) suits for the enforcement of a lien on real property; (8) suits for the forfeiture of a corporate charter; (9) suits for the trial of the right to property valued at $200 or more that has been levied on under a writ of execution, sequestration, or attachment; and
(10) suits for the recovery of real property.
Text of subsec. (b) as amended by Acts 1991, 72nd Leg., ch. 746, § 55
(b) A county court at law has concurrent jurisdiction with the district court in nonjury family law cases and proceedings.
(c) A county court at law has at least four terms of court each year. The terms of court shall be set by the commissioners court in the manner provided by law for setting terms of county courts. The county courts at law must have the same terms.
(d) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (e) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (f) The judge of a county court at law shall be paid an annual salary in an amount that is not less than $1,000 less than the total annual salary, including supplements and salary increases, paid any district judge in the county.
(g) A vacancy in the office of judge of the County Court at Law No. 1 of Tarrant County shall be filled by appointment by the governor until the next general election.
(h) The judge of the County Court at Law No. 2 or 3 of Tarrant County may not engage in the private practice of law.
(i) A special judge of a county court at law may be appointed or elected in the manner provided by law for the appointment or election of a special county judge.
(j) The county clerk serves as clerk of a county court at law except that the district clerk serves as clerk of the court for family law cases and proceedings. The district clerk may establish a separate docket for family law cases and proceedings filed originally in the district courts of Tarrant County.
(k) The county sheriff shall, in person or by deputy, attend the County Court at Law No. 1 or 2 of Tarrant County as required by the judge.
(l) The official court reporter for the County Court at Law No. 2 of Tarrant County and the official court reporter for the County Court at Law No. 3 of Tarrant County are each entitled to the same fees and salaries and shall perform the duties and take the oath of office as provided by law for district court reporters.
(m) Practice and procedure, appeals, and writs of error in a county court at law are as prescribed by law for county courts, except that:
(1) practice and procedure, rules of evidence, and all other matters pertaining to the conduct of trials and hearings in a county court at law involving family law cases and proceedings are governed by the laws and rules pertaining to district courts; and
(2) practice and procedure, rules of evidence, and all other matters pertaining to the conduct of trials and hearings in the County Court at Law No. 3 of Tarrant County involving eminent domain cases and cases enumerated in Section 25.2222(b) are governed by the laws and rules pertaining to district courts.
(n) The jurisdiction and authority vested by law in the county court for the selection and service of jurors may also be exercised by a county court at law.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.20(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 934, § 1, eff. June 14, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.23, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 22, § 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 55, 70, eff. Oct. 1, 1991; Acts 2003, 78th Leg., ch. 62, § 1, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 265, § 6.005, eff. Sept. 1, 2005.
§ 25.2223. TARRANT COUNTY CRIMINAL COURT PROVISIONS. (a) A county criminal court in Tarrant County has jurisdiction over all criminal matters and causes, original and appellate, prescribed by law for county courts, but does not have civil jurisdiction. The County Criminal Courts Nos. 5 and 10 of Tarrant County also have concurrent jurisdiction within the county of all appeals from criminal convictions under the laws of this state and the municipal ordinances of the municipalities located in Tarrant County that are appealed from the justice courts and municipal courts in the county. The County Criminal Courts Nos. 5, 7, 8, 9, and 10 of Tarrant County also have concurrent jurisdiction with the district court in felony cases to conduct arraignments, conduct pretrial hearings, and accept guilty pleas.
(b) A county criminal court or its judge may issue writs of injunction and all writs necessary for the enforcement of the jurisdiction of the court. It may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the court or of a court of inferior jurisdiction in the county. A county criminal court or its judge may punish for contempt as prescribed by law for county courts.
(c) A county criminal court in Tarrant County has at least four terms of court each year. The terms of court shall be set by the commissioners court in the manner provided by law for setting terms of county courts.
(d) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (e) A judge of the County Criminal Court No. 1 or 2 of Tarrant County shall devote his entire time to the duties of the office of judge and may not engage in the private practice of law. A judge of the County Criminal Court No. 3, 4, 5, 6, 7, 8, 9, or 10 of Tarrant County may not engage in the practice of law.
(f) The judge of a county criminal court shall be paid an annual salary in an amount that is not less than $1,000 less than the total annual salary, including supplements and salary increases, paid any district judge in the county.
(g) A special judge of a county criminal court may be appointed or elected in the manner provided by law for the appointment or election of a special county judge.
(h) The county sheriff shall, in person or by deputy, attend a county criminal court as required by the judge.
(i) The official court reporter of a county criminal court is entitled to the same fees and salary as a district court reporter and shall perform the same duties and take the oath of office as provided by law for district court reporters. The official court reporter for the County Criminal Court No. 1 or 3 of Tarrant County is not required to take testimony in cases in which neither a party nor the judge demands it. In cases in which testimony is taken, a fee of $3 shall be taxed as costs in the case. The clerk collects the fee and pays it into the county treasury.
(j) At least two bailiffs shall be assigned regularly to the County Criminal Court No. 1 of Tarrant County and the County Criminal Court No. 2 of Tarrant County. The judges of the County Criminal Courts Nos. 1 and 2 of Tarrant County shall each appoint one officer to act as bailiff of the judge's court, and the sheriff of Tarrant County shall appoint a bailiff for each court as prescribed by law. The bailiffs serve at the pleasure of the court and shall perform the duties required by the judge of the court to which the bailiffs are assigned.
(k) Section 25.0007 does not apply to a county criminal court in Tarrant County.
(l) The County Criminal Court No. 5 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 and 42.072, Penal Code.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 38, § 2, eff. Oct. 20, 1987; Acts 1989, 71st Leg., ch. 5, § 2(c), eff. March 22, 1989; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 317, § 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 131, § 1, eff. May 16, 2001; Acts 2003, 78th Leg., ch. 62, § 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, § 7.002(n), 9.001(b), eff. Sept. 1, 2003.
§ 25.2224. TARRANT COUNTY PROBATE COURT PROVISIONS. (a) Repealed by Acts 2001, 77th Leg., ch. 635, § 3(2), eff. Sept. 1, 2001.
(b) The judge of the Probate Court No. 1 of Tarrant County must: (1) be well informed in the laws of this state; and (2) have been a licensed and practicing member of the state bar for at least five consecutive years before election.
(c) The judge of the Probate Court No. 2 of Tarrant County must: (1) be well informed in the laws of this state; and (2) have been a licensed and practicing member of the state bar for at least five consecutive years before election or appointment.
(d) The salaries of the statutory probate court judges shall be paid out of the county treasury by the commissioners court and shall be set at equal amounts.
(e) In case of the absence, disqualification, or incapacity of the county judge or the judge of the Probate Court No. 1 of Tarrant County, or for any other reason, the judges may sit and act for each other in any probate matter or proceeding. The judge may hear and determine, in either courtroom, any matter or proceeding pending in either court. The judge may enter any orders in the matters or proceedings that the judge of the other court may enter.
(f) A special judge of a statutory probate court may be appointed or elected in the manner provided by law for the appointment or election of a special county judge.
(g) The county sheriff shall, in person or by deputy, attend a statutory probate court as required by the judge.
(h) The commissioners court shall provide a secretary and chief clerk for each judge of a statutory probate court. The secretary and chief clerk serve at the pleasure of the judge of a statutory probate court. The commissioners court may also provide additional clerical assistance necessary to operate a statutory probate court.
(i) Practice and procedure in a statutory probate court is that provided by law for county courts. Rules of court relating to proceedings in a county court, or to reviews or appeals from a county court, apply to a statutory probate court.
(j) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to the Probate Court No. 2 of Tarrant County.
(k) Repealed by Acts 1991, 72nd Leg., ch. 394, § 4, eff. Aug. 26, 1991, and Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 394, § 4, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 2001, 77th Leg., ch. 635, § 3(2), eff. Sept. 1, 2001.
§ 25.2231. TAYLOR COUNTY. Taylor County has the following statutory county courts:
(1) County Court at Law of Taylor County; and (2) County Court at Law No. 2 of Taylor County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.2232. TAYLOR 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 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 $100,000, excluding interest.
(b) A county court at law has terms of court beginning on the third Mondays in February, April, June, August, October, and December.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law shall be paid an annual salary that is not less than the salary paid the county judge. The salary shall be paid out of the county treasury.
(e) A special judge of a county court at law may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. The special judge is entitled to reasonable compensation determined by the commissioners court for each day served, to be paid out of the general county fund by the commissioners court.
(f) The county sheriff shall, in person or by deputy, attend a county court at law, as required by the judge.
(g) Practice and procedure and appeals and writs of error prescribed by law for county courts apply to a county court at law.
(h) On authorization by the commissioners court, the judge of a county court at law may appoint a secretary for the court. The secretary is entitled to receive the same compensation allowed the secretary of the county judge, to be paid out of the county treasury in equal monthly installments as other county officials are paid. The secretary serves at the pleasure of the judge.
(i) Section 25.0006(b) does not apply to a county court at law in Taylor County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1991, 72nd Leg., ch. 760, § 1, eff. Aug. 26, 1991.
§ 25.2281. TOM GREEN COUNTY. Tom Green County has the following statutory county courts:
(1) County Court at Law of Tom Green County; and (2) County Court at Law No. 2 of Tom Green County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 703, § 1, eff. Aug. 28, 1995.
§ 25.2282. TOM GREEN COUNTY COURT AT LAW PROVISIONS. (a) A judge of County Court at Law No. 2 of Tom Green County may not be assigned under Chapter 74 to serve as a visiting judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland, Tarrant, or Travis County.
(b) A county court at law has the same terms as the county court. (c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law shall devote his entire time to the duties of his office. The judge may not engage in the private practice of law.
(e) The salary of a judge of a county court at law shall be paid out of the county treasury by the commissioners court. The judge of a county court at law is entitled to travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as the county judge.
(f) If the judge of a county court at law is disqualified, a special judge of a county court at law may be appointed in the manner provided by law for the appointment of a special county judge. A special judge must meet the same qualifications as the regular judge and is entitled to the same rate of compensation as the regular judge.
(g) The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve a county court at law.
(h) With the approval of the judge of a county court at law, the official court reporter of a county court at law shall be available for matters being considered in the county court and the district courts in the county.
(i) Practice in a county court at law must conform to that prescribed by law for county courts.
(j) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a county court at law. A general panel of jurors, or jurors impaneled for a week by a district court, may be made available to serve for the week in a county court at law.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1995, 74th Leg., ch. 703, § 2, eff. Aug. 28, 1995.
§ 25.2291. TRAVIS COUNTY. (a) Travis County has the following statutory county courts:
(1) County Court at Law No. 1 of Travis County, Texas; (2) County Court at Law No. 2 of Travis County, Texas; (3) County Court at Law No. 3 of Travis County, Texas; (4) County Court at Law Number 4 of Travis County; (5) County Court at Law Number 5 of Travis County; (6) The County Court at Law Number 6 of Travis County; and (7) The County Court at Law Number 7 of Travis County. (b) The county courts at law of Travis County sit in Austin. (c) Travis County has one statutory probate court, the Probate Court No. 1 of Travis County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.21(a), eff. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 578, § 1, eff. Sept. 1, 1997.
§ 25.2292. TRAVIS 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 Travis County has concurrent jurisdiction with the district court in civil cases in which the matter in controversy exceeds $500 but does not exceed $250,000, excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs, as alleged on the face of the petition.
(b) A county court at law has six terms beginning on the first Mondays in January, March, May, July, September, and November.
(c) In addition to the jurisdiction provided by Section 25.0003 and other law, the County Court at Law Number 4 of Travis County has concurrent jurisdiction with the district court in state jail felony and third degree felony cases involving family violence, as defined by Section 71.004, Family Code. The court shall give preference to cases in which family violence is alleged, including cases under Title 4, Family Code.
(d) In civil cases, the jury is composed of six members unless: (1) the amount in controversy exceeds $100,000; and (2) a party to the case files a written request for a 12-member jury not later than the 30th day before the date of the trial.
(e) A judge of a county court at law may not engage in the private practice of law.
(f) The judge of a county court at law shall be paid an annual salary that is at least equal to the salary paid district judges from the general revenue fund of the state, but not more than $1,000 less than the annual salary, including supplements, received by district judges in the county.
(g) The salary shall be paid out of the county general fund by warrants drawn on the county treasury on orders of the commissioners court.
(h) Repealed by Acts 1989, 71st Leg., ch. 1131, § 3, eff. Sept. 1, 1989. (i) The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.
(j) All cases from justice courts or other inferior courts must be appealed directly to a county court at law.
(k) The jurisdiction and authority vested by law in the county court for the drawing, selection, and service of jurors shall be exercised by the statutory county courts. Juries summoned for any county court at law or statutory probate court may, by order of the judge of the court in which they are summoned, be transferred to any of the other courts to serve and may be used as if summoned for the court to which they are transferred.
(l) Practice in the courts at law is that prescribed by law for county courts.
(m) Section 25.0007 does not apply to a county court at law in Travis County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.21(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1131, § 1, 3, eff. Sept. 1, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.24, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 578, § 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1079, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1203, § 1, eff. Sept. 1, 2001.
§ 25.2293. TRAVIS COUNTY PROBATE COURT PROVISIONS. (a) Repealed by Acts 2001, 77th Leg., ch. 635, § 3(2), eff. Sept. 1, 2001.
(b) Repealed by Acts 2003, 78th Leg., ch. 1276, § 9.003. (c) A statutory probate court has eminent domain jurisdiction. All actions, cases, matters, or proceedings of eminent domain arising under Chapter 21, Property Code, or under Section 251.101, Transportation Code , shall be filed and docketed in Probate Court No. 1 of Travis County. A statutory probate court may transfer an eminent domain proceeding to a county court at law in the county.
(d) Repealed by Acts 2001, 77th Leg., ch. 635, § 3(2) and Acts 2001, 77th Leg., ch. 677, § 2, eff. Sept. 1, 2001.
(e) The terms of a statutory probate court begin on the first Mondays in January and July. Each term of court continues until the next succeeding term begins.
(f) The judge of a statutory probate court must be: (1) a qualified voter in the county; (2) a resident of the county; and (3) a licensed attorney in this state who has actively practiced law for at least the five years before appointment or election.
(g) The judge of a statutory probate court may not engage in the private practice of law.
(h) Repealed by Acts 2001, 77th Leg., ch. 426, § 7, eff. Sept. 1, 2001. (i) The official court reporter of a statutory probate court is entitled to the same amount of compensation paid to the official court reporters in the district courts in the county. The reporter's salary shall be paid in the same manner as the compensation of the official court reporters of the district courts.
(j) The judge of a statutory probate court may appoint an administrative assistant and an auditor to aid the judge in the performance of his duties. The judge sets the salary of the administrative assistant and the salary of the auditor by an order entered in the minutes of the court. The appointments and the salaries may be changed only by order of the judge. The salaries of the auditor and the administrative assistant shall be paid monthly out of the county's general fund or any other fund available for that purpose.
(k) The jurisdiction and authority vested by law in the county court for the drawing, selection, and service of jurors shall be exercised by the statutory county courts. Juries summoned for any statutory probate court or county court at law may, by order of the judge of the court in which they are summoned, be transferred to any of the other courts to serve and may be used as if summoned for the court to which they are transferred.
(l) Practice in a statutory probate court is that prescribed by law for county courts.
(m) Repealed by Acts 1991, 72nd Leg., ch. 394, § 4, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991.
Added by Acts 1989, 71st Leg., ch. 2, § 8.21(c), eff. Aug. 28, 1989. Amended by Acts 1989, 71st Leg., ch. 1131, § 2, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 76, § 13, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 394, § 4, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1991; Acts 1997, 75th Leg., ch. 165, § 30.185, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 426, § 7, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 635, § 3(2), eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 677, § 1, 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, § 9.003, eff. Sept. 1, 2003.
§ 25.2351. VAL VERDE COUNTY. (a) Val Verde County has one statutory county court, the County Court at Law of Val Verde County.
(b) The County Court at Law of Val Verde County sits in Del Rio.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.2352. VAL VERDE 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 Val Verde County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) A county court at law has the same terms as a district court in Val Verde County.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law may not engage in the private practice of law.
(e) The judge of a county court at law shall be paid an annual salary that is at least $20,000 but not more than 90 percent of the total compensation paid the district judge. The salary shall be paid by the county treasurer on order of the commissioners court. The judge is entitled to travel expenses and necessary office expenses, including administrative and clerical assistance.
(f) A special judge of a county court at law may be appointed or elected in the manner provided by law for special county judges. If the judge of a county court at law 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 to try the case. A special judge is entitled to receive for each day served compensation equal to 1/365 of the annual salary of the regular judge, to be paid out of the county's general fund by the commissioners court.
(g) The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.
(h) 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 matters.
(i) Practice in a county court at law is that prescribed by law for county courts, except that practice and procedure, rules of evidence, issuance of process and writs, and all other matters pertaining to the conduct of trials and hearings involving family law cases and proceedings shall be governed by this section and the laws and rules pertaining to district courts. If a family law case is tried before a jury, the jury shall be composed of 12 members.
(j) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a county court at law. Jurors regularly impaneled for a week by the district court may, on request of the judge of a county court at law, be made available and shall serve for the week in a county court at law.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 56, 70, eff. Oct. 1, 1991.
§ 25.2371. VICTORIA COUNTY. Victoria County has the following statutory county courts:
(1) County Court at Law No. 1 of Victoria County; and (2) County Court at Law No. 2 of Victoria County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.22(a), eff. Aug. 28, 1989.
§ 25.2372. VICTORIA COUNTY COURT AT LAW PROVISIONS. (a) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991.
(b) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (c) The terms of a county court at law are the same as those of the County Court of Victoria County.
(d) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (e) The judge of the County Court at Law No. 1 of Victoria County shall be paid the same amount in salary, from the same fund and in the same manner, as the county judge. The judge of the County Court at Law No. 2 of Victoria County shall be paid a salary that does not exceed 90 percent of the amount paid a district court judge in the county. The commissioners court may provide travel expenses and necessary office expenses, including clerical and administrative assistance, for the county courts at law.
(f) A special judge of a county court at law with the same qualifications as the regular judge may be appointed as provided by law for the appointment of a special county judge. If a judge of a county court at law is disqualified to try a case pending in his court, the parties or their attorneys may agree on the selection of a special judge for the case. A special judge is entitled to the same rate of compensation as the regular judge.
(g) Practice in a county court at law must conform to that prescribed by law for the county court.
(h) The laws that govern the drawing, selection, service, and pay of jurors for county courts apply to a county court at law.
(i) Jurors regularly impaneled for a week by the district court may, on request of either the county judge or a judge of a county court at law, be made available and shall serve for the week in either the county court or the county court at law.
(j) Section 25.0008 does not apply to the county courts at law in Victoria County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.22(b), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991.
§ 25.2381. WALKER COUNTY. (a) Walker County has one statutory county court, the County Court at Law of Walker County.
(b) The County Court at Law of Walker County sits in Huntsville.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.2382. WALKER 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 Walker County has concurrent jurisdiction with the district court in:
(1) family law cases and proceedings; and (2) cases and proceedings involving justiciable controversies and differences between spouses, between parents, or between parent and child, or between any of these and third persons.
(b) A county court at law has four terms of court beginning on the first Mondays of January, April, July, and October.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law may not engage in the private practice of law.
(e) The judge of a county court at law shall be paid an annual salary that is at least 83 percent of the annual salary of a district judge in the county. The salary shall be paid by the county treasurer by order of the commissioners court. The judge is entitled to travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as the county judge.
(f) A special judge of a county court at law with the same qualifications as the regular judge may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. If the judge of a county court at law 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 for the case. A special judge is entitled to the same rate of compensation as the regular judge.
(g) The district clerk serves as clerk of a county court at law in the cases enumerated in Subsections (a)(2)(B) and (C), and the county clerk serves as clerk of the court in all other matters. The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve a county court at law.
(h) 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.
(i) Practice in a county court at law is that prescribed by law for county courts, except that practice and procedure, rules of evidence, issuance of process and writs, and all other matters pertaining to the conduct of trials and hearings in a county court at law involving matters enumerated in Subsection (a)(2)(B) or (C) shall be governed by this section and the laws and rules pertaining to district courts. If a case in Subsection (a)(2)(B) or (C) is tried before a jury, the jury shall be composed of 12 members.
(j) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a county court at law. Jurors regularly impaneled for a week by the district court may, on request of the judge of a county court at law, be made available and shall serve for the week in a county court at law.
(k) All cases appealed from the justice courts and other courts of inferior jurisdiction in the county shall be made direct to a county court at law, unless otherwise provided by law.
(l) Appeals in all cases from judgments and orders of the county court at law shall be to the court of appeals as provided by law for county and district courts.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 57, 70, eff. Oct. 1, 1991.
§ 25.2391. WALLER COUNTY. (a) Waller County has one statutory county court, the County Court at Law of Waller County.
(b) The County Court at Law of Waller County sits in Hempstead.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.2392. WALLER 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 Waller County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) A county court at law has four terms of court beginning on the first Mondays of January, April, July, and October of each year.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law may not engage in the private practice of law.
(e) The judge of a county court at law shall be paid an annual salary that is at least equal to 85 percent of the amount paid by the state to a district judge. The salary shall be paid by the county treasurer on order of the commissioners court. The judge of a county court at law is entitled to travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as the county judge.
(f) A special judge of a county court at law with the same qualifications as the regular judge may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. If a judge of a county court at law 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 for the case. A special judge is entitled to the same rate of compensation as the regular judge.
(g) 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 commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve the court.
(h) The judge of a county court at law may appoint an official court reporter or the judge may contract for the service of a court reporter under guidelines established by the commissioners court.
(i) If a case enumerated in Subsection (a)(2) is tried before a jury, the jury shall be composed of 12 members.
(j) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a county court at law. Jurors regularly impaneled for a week by the district court may, on request of the judge of a county court at law, be made available and shall serve for the week in a county court at law.
(k) Appeals in civil and criminal cases from judgments and orders of the county court at law are to the court of appeals as provided for appeals from district and county courts. All cases appealed from the justice courts and other inferior courts in the county are to a county court at law, unless otherwise provided by law.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 58, 70, eff. Oct. 1, 1991.
§ 25.2411. WASHINGTON COUNTY. Washington County has one statutory county court, the County Court at Law of Washington County.
Added by Acts 1989, 71st Leg., ch. 2, § 8.23(a), eff. Aug. 28, 1989.
§ 25.2412. WASHINGTON 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 Washington County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) A county court at law has terms beginning on the first Mondays of January, April, July, and October.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law may not engage in the private practice of law.
(e) The judge of a county court at law shall be paid an annual salary that is not less than 65 percent of the amount appropriated by the state for the annual salary of each district judge. The salary shall be paid from the county treasury on order of the commissioners court. The judge is entitled to travel expenses and necessary office expenses, including administrative and clerical personnel, in the same manner as the county judge.
(f) A special judge for a county court at law with the same qualifications as the regular judge may be appointed or elected as provided by law for the appointment or election of a special county judge. If the judge 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 for the case. A special judge is entitled to the same rate of compensation as the regular judge.
(g) 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. The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve the court.
(h) The judge of a county court at law may, in lieu of appointing an official court reporter, contract for the services of a court reporter under guidelines established by the commissioners court.
(i) The jurisdiction and authority vested by law in county courts for the drawing, selection, service, and pay of jurors apply to a county court at law.
(j) 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 six members.
(k) Jurors regularly impaneled for a week by the district court may, on request of the judge of a county court at law, be made available and shall serve for the week in the county court at law.
(l) Appeals in all cases from judgments and orders of the county court at law are to the court of appeals as provided for appeals from district and county courts. All cases appealed from the justice courts and other inferior courts in the county are to a county court at law, unless otherwise provided by law.
Added by Acts 1989, 71st Leg., ch. 2, § 8.23(a), eff. Aug. 28, 1989. Amended by Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.25, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 59, 70, eff. Oct. 1, 1991.
§ 25.2421. WEBB COUNTY. (a) Webb County has the following statutory county courts:
(1) the County Court at Law No. 1 of Webb County; and (2) the County Court at Law No. 2 of Webb County. (b) The county courts at law of Webb County sit in Laredo.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 23, § 1, eff. Aug. 26, 1991.
§ 25.2422. WEBB 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 Webb County has concurrent jurisdiction with the district court in:
(1) family law cases and proceedings; (2) cases and proceedings involving justiciable controversies and differences between spouses, or between parents, or between parent and child, or between any of these and third persons; and
(3) proceedings to expunge a criminal arrest record under Chapter 55, Code of Criminal Procedure.
(b) A county court at law has six terms of court beginning on the first Mondays in January, March, May, July, September, and November of each year. Each term continues until the court has disposed of its business, but a term may not continue past the beginning of the next term unless the court enters an order in the minutes extending the term for a specific cause.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) A judge of a county court at law may not engage in the private practice of law.
(e) A judge of a county court at law shall be paid an annual salary that is at least $20,000, but not more than the salary, including any supplements, paid to a district judge in the county. The salary shall be paid out of the county treasury by order of the commissioners court. A judge of a county court at law is entitled to receive travel and necessary office expenses, including administrative and clerical assistance, in the same manner as the county judge.
(f) A special judge of a county court at law with the same qualifications as the regular judge may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. If a judge of a county court at law is disqualified to try a case pending in his court, the parties or their attorneys may agree on the selection of a special judge for the case. A special judge is entitled to the same rate of compensation as the regular judge.
(g) The district attorney of the 49th Judicial District serves as district attorney of a county court at law, except that the county attorney of Webb County prosecutes all juvenile, child welfare, mental health, and other civil cases in which the state is a party. The district clerk serves as clerk of a county court at law in the cases enumerated in Subsection (a)(2), and the county clerk serves as clerk of a county court at law in all other cases. The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve the court.
(h) Practice and procedure, rules of evidence, issuance of process and writs, and all other matters pertaining to the conduct of trials and hearings in a county court at law involving those matters of concurrent jurisdiction enumerated in Subsection (a)(2)(B) or (C) are governed by this section and the laws and rules pertaining to district courts, as well as county courts. If a case enumerated in Subsection (a)(2)(B) or (C) is tried before a jury, the jury shall be composed of 12 members.
(i) The laws that govern the drawing, selection, service, and pay of jurors for county courts apply to a county court at law.
(j) Jurors regularly impaneled for a week by the district court or courts may, on request of either the county judge or the judge of a county court at law, be made available and shall serve for the week in either the county court or county court at law.
(k) A meeting of district judges in Webb County held under Section 62.016(a) to determine the number of prospective jurors that are necessary for each week of the year may include the county court at law judges. The judges may designate a county court at law judge to be the judge to whom the general jury panels report for jury service under Section 62.016(c).
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.11(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 944, § 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.26, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 60, 70, eff. Oct. 1, 1991; Acts 1995, 74th Leg., ch. 105, § 1, eff. Aug. 28, 1995.
§ 25.2451. WICHITA COUNTY. Wichita County has the following statutory county courts:
(1) County Court at Law No. 1 of Wichita County; and (2) County Court at Law No. 2 of Wichita County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.24(a), eff. Aug. 28, 1989.
§ 25.2452. WICHITA COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction provided by Section 25.0003 and other law, including the general jurisdiction provided for a county court at law by the Texas Probate Code, a county court at law in Wichita County has concurrent jurisdiction with the county court in:
(1) appeals from municipal courts of record in Wichita County as provided by Subchapter D, Chapter 30;
(2) misdemeanor cases; and (3) probate and mental health matters. (b) All misdemeanor cases, probate and mental health matters, and appeals from municipal courts of record shall be filed in the county court at law. A county court at law may transfer a case or an appeal described by this subsection to the county court with the consent of the county judge.
(c) Except as provided by Section 25.0003 and Subsection (d), a county court at law has concurrent jurisdiction with the district court in:
(1) family law cases and proceedings under the Family Code; and (2) civil cases. (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 $100,000, exclusive of punitive or exemplary damages, penalties, interest, costs, and attorney's fees.
(e) On the motion of any party, a county court at law may transfer a civil case originally filed in a county court at law that exceeds the maximum amount in controversy described by Subsection (d)(3)(B) to the district court in Wichita County, except that an announcement of ready for trial by all parties before a motion to transfer the case to the district court is filed confers original jurisdiction on the county court at law. A case that is transferred to the district court shall be completed under the same cause number and in the same manner as if the case were originally filed in the district court.
(f) The judge of a county court at law may not engage in the private practice of law.
(g) The judge of a county court at law shall be paid an annual salary that is $1,000 less than the total annual salary received by a district judge in the county. The salary shall be paid out of the county treasury by the commissioners court. The judge shall be paid in installments in the same manner as other county employees. The judge is also entitled to receive travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as the county judge.
(h) A special judge of a county court at law may be appointed or elected in the manner provided by law for the appointment or election of a special county judge. If a judge of a county court at law 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 for the case. A special judge must have the qualifications of the regular judge. A special judge is entitled to the same rate of compensation as the regular judge.
(i) The district clerk of Wichita County serves as the clerk of the county courts at law in Wichita County in all civil cases except probate and mental health matters. The county clerk serves as clerk in cases involving criminal, probate, or mental health matters.
(j) The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve the court.
(k) Except as otherwise required by law, if a case is tried before a jury, the jury shall be composed of six members and may render verdicts by a five to one margin in civil cases and a unanimous verdict in criminal cases. The laws governing the drawing, selection, service, and pay of jurors for county courts apply to the county courts at law. Jurors regularly impaneled for a week by a district court may, on request of the county judge exercising the jurisdiction provided by this section or a county court at law judge, be made available and shall serve for the week in the county court or county court at law.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.24(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.27, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 61, 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 165, § 7.28, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 687, § 1, eff. Sept. 1, 2001.
§ 25.2461. WILBARGER COUNTY. Wilbarger County has one statutory county court, the County Court at Law of Wilbarger County.
Added by Acts 1993, 73rd Leg., ch. 681, § 1, eff. Aug. 30, 1993.
§ 25.2462. WILBARGER 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 Wilbarger County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) A county court at law has concurrent jurisdiction with the justice court in all criminal matters prescribed by law for justice courts. This subsection does not deny the right of appeal to a county court at law from a justice court in cases in which the right of appeal to the county court exists.
(c) The judge of a county court at law may not engage in the private practice of law.
(d) If the regular judge of a county court at law is absent, disabled, or disqualified from presiding, the presiding judge of the administrative judicial region in which the county is located may appoint a person licensed to practice law in this state to sit as a special judge.
(e) The special judge must have the same qualifications as the regular judge, except that the only residency requirement for a person who is a retired district court or county court at law judge is that the retired judge reside in the administrative judicial region.
(f) A special judge must take the oath of office required by law of the regular judge. A special judge has all the powers and jurisdiction of the court and of the regular judge. A special judge may sign orders, decrees, judgments, or other process as "Judge Presiding" when acting for the regular judge.
(g) A special judge is entitled to receive for services actually performed the same amount of compensation that the regular judge receives for the services. The compensation shall be paid out of county funds on certification by the presiding judge of the administrative judicial region that the special judge has rendered the services and is entitled to receive the compensation. The amount paid to a special judge may not be deducted or paid out of the salary of the regular judge.
(h) The county attorney and the county sheriff shall attend a county court at law as required by the judge. The district clerk serves as clerk of a county court at law in family law cases and proceedings, and the county clerk serves as clerk of the court in all other cases and proceedings.
(i) The judge of a county court at law may appoint a court coordinator or administrative assistant. A court coordinator or administrative assistant performs the duties prescribed by the judge and cooperates with the administrative judges and state agencies for the uniform and efficient operation of the courts and the administration of justice. The court coordinator or administrative assistant is entitled to be paid from county funds the compensation, fees, and allowances set by the commissioners court or as otherwise provided by law.
(j) The commissioners court shall provide the deputy clerks, bailiffs, and other personnel necessary to operate a county court at law.
(k) A jury in a county court at law shall be composed of six members.
Added by Acts 1993, 73rd Leg., ch. 681, § 2, eff. Aug. 30, 1993.
§ 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.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.25(a), eff. Aug. 28, 1989; Acts 1999, 76th Leg., ch. 55, § 1, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 100, § 1, eff. Sept. 1, 2005.
§ 25.2482. WILLIAMSON 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 Williamson County has concurrent jurisdiction with the district court in family law cases and proceedings.
(b) A county court at law has concurrent jurisdiction with the justice court in all criminal matters prescribed by law for justice courts. This subsection does not deny the right of appeal to a county court at law from a justice court in cases in which the right of appeal to the county court exists.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (d) The judge of a county court at law may not engage in the private practice of law.
(e) If the regular judge of a county court at law is absent, disabled, or disqualified from presiding, the presiding judge of the administrative judicial region in which the county is located may appoint a person licensed to practice law in this state to sit as a special judge.
(f) The special judge must have the same qualifications as the regular judge, except that the only residency requirement for a person who is a retired district court or county court at law judge is that the retired judge reside in the administrative judicial region.
(g) A special judge must take the oath of office required by law of the regular judge. A special judge has all the powers and jurisdiction of the court and of the regular judge. A special judge may sign orders, decrees, judgments, or other process as "Judge Presiding" when acting for the regular judge.
(h) A special judge is entitled to receive for services actually performed the same amount of compensation that the regular judge receives for the services. The compensation shall be paid out of county funds on certification by the presiding judge of the administrative judicial region that the special judge has rendered the services and is entitled to receive the compensation. The amount paid to a special judge may not be deducted or paid out of the salary of the regular judge.
(i) The county attorney and the county sheriff shall attend a county court at law as required by the judge. The district clerk serves as clerk of a county court at law in family law cases and proceedings, and the county clerk serves as clerk of the court in all other cases and proceedings.
(j) The judge of a county court at law may appoint a court coordinator or administrative assistant. A court coordinator or administrative assistant performs the duties prescribed by the judge and cooperates with the administrative judges and state agencies for the uniform and efficient operation of the courts and the administration of justice. The court coordinator or administrative assistant is entitled to be paid from county funds the compensation, fees, and allowances set by the commissioners court or as otherwise provided by law.
(k) The commissioners court shall provide the deputy clerks, bailiffs, and other personnel necessary to operate a county court at law.
(l) A jury in a county court at law shall be composed of six members. (m) Sections 25.0006 and 25.0008 do not apply to a county court at law in Williamson County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 27, § 2, eff. Oct. 20, 1987; Acts 1989, 71st Leg., ch. 2, § 8.25(b), 8.44(11), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.28, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 62, 70, eff. Oct. 1, 1991.
§ 25.2511. WISE COUNTY. (a) Wise County has one statutory county court, the County Court at Law of Wise County.
(b) The County Court at Law of Wise County sits in Decatur.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
§ 25.2512. WISE COUNTY COURT AT LAW PROVISIONS.
Text of subsec. (a) as amended by Acts 1991, 72nd Leg., ch. 518, § 1
(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 $100,000, excluding interest and attorney's fees; and
(C) family law cases and proceedings.
Text of subsec. (a) as amended by Acts 1991, 72nd Leg., ch. 746, § 63
(a) In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law in Wise County has concurrent jurisdiction with the district court in:
(1) eminent domain cases; and (2) family law cases and proceedings. (b) A county court at law has one term of court beginning on January 1. (c) Repealed as subsec. (d) by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991.
(d) The judge of a county court at law shall be paid an annual salary in an amount that is not more than 90 percent of the salary paid by the state out of the general revenue fund to a district judge in the county. The salary shall be paid out of the county treasury on orders from the commissioners court. The judge is also entitled to reasonable travel expenses and necessary office expenses, including administrative and clerical assistance.
(e) A special judge of a county court at law with the same qualifications as the regular judge may be appointed in the manner provided by law for the appointment of a special county judge. A special judge is entitled to the same rate of compensation as the regular judge.
(f) The official court reporter of a county court at law is entitled to receive a salary set by the judge of the county court at law and paid out of the county treasury on order of the commissioners court. The salary may not exceed the amount paid the official court reporter of a district court in Wise County.
(g) 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.
(h) Practice in a county court at law is that prescribed by law for county courts.
(i) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a county court at law. Jurors regularly impaneled for a week by the district court may, on request of the judge of a county court at law, be made available and shall serve for the week in a county court at law.
(j) Repealed by Acts 2001, 77th Leg., ch. 1420, § 9.001.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 27, § 1, eff. Oct. 20, 1987; Acts 1991, 72nd Leg., ch. 518, § 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 63, 70, eff. Oct. 1, 1991; Acts 2001, 77th Leg., ch. 1420, § 9.001, eff. Sept. 1, 2001.
SUBCHAPTER D. MULTICOUNTY STATUTORY COUNTY COURTS
§ 25.2601. APPLICATION OF SUBCHAPTER. (a) This subchapter applies only to statutory county courts composed of more than one county. (b) Except for Sections 25.0009, 25.0010(b), and 25.0011, Subchapter A applies to a statutory county court composed of more than one county.
Added by Acts 1991, 72nd Leg., ch. 746, § 64, eff. Oct. 1, 1991.
§ 25.2602. JUDGE. (a) The judge is elected by the qualified voters of the counties at the election at which other statutory county court judges are elected. (b) The judge must be: (1) at least 25 years of age; (2) a resident of one of the counties; and (3) 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.
(c) The judge is entitled to be paid an annual salary set by a vote of a majority of the total number of county judges and commissioners of the commissioners courts of the counties. The salary shall be apportioned among the counties according to the ratio a county's population bears to the total population of the counties comprising the court.
Added by Acts 1991, 72nd Leg., ch. 746, § 64, eff. Oct. 1, 1991.
§ 25.2603. VACANCY. (a) A vacancy in the office of judge is filled by a joint appointment by the commissioners courts of the counties composing the court. An appointment must be approved by a vote of a majority of the total number of county judges and commissioners of the commissioners courts of the counties. (b) An appointee holds office until the next general election and until the successor is elected and has qualified.
(c) This section applies to a vacancy existing on creation of the office of judge.
Added by Acts 1991, 72nd Leg., ch. 746, § 64, eff. Oct. 1, 1991.
§ 25.2604. PERSONNEL. (a) The county clerk of a particular county serves as clerk in that county.
(b) The prosecuting attorney representing the state in county court in a particular county serves as prosecutor in that county.
(c) The sheriff and the other court officials in a county shall serve in the manner required by law for their offices and are entitled to the compensation, fees, and allowances prescribed by law for their offices.
Added by Acts 1991, 72nd Leg., ch. 746, § 64, eff. Oct. 1, 1991.
§ 25.2605. SEAL. The seal is the same as that provided by law for a county court except that the seal must contain the name of the court as designated by statute.
Added by Acts 1991, 72nd Leg., ch. 746, § 64, eff. Oct. 1, 1991.
§ 25.2606. GENERAL LAW. Unless this subchapter contains a conflicting provision, the general law relating to county courts and statutory county courts applies.
Added by Acts 1991, 72nd Leg., ch. 746, § 64, eff. Oct. 1, 1991.
SUBCHAPTER E. MULTICOUNTY STATUTORY PROBATE COURTS
§ 25.2651. APPLICATION OF SUBCHAPTER. (a) This subchapter applies only to statutory probate courts composed of more than one county.
(b) Except for Sections 25.0009, 25.0010(b), 25.0011, 25.0030(b), and 25.0031, Subchapters A and B apply to a statutory probate court composed of more than one county.
Added by Acts 1999, 76th Leg., ch. 409, § 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 426, § 5, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, § 9.001(f), eff. Sept. 1, 2001.
§ 25.2652. JUDGE. (a) The judge is elected by the qualified voters of the counties at the election at which other statutory probate court judges are elected.
(b) The judge must be: (1) at least 25 years of age; (2) a resident of one of the counties; and (3) 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.
(c) The judge is entitled to be paid an annual salary set by a vote of a majority of the total number of the county judges and commissioners of the commissioners courts of the counties. The salary shall be apportioned among the counties according to the ratio a county's population bears to the total population of the counties composing the court.
Added by Acts 1999, 76th Leg., ch. 409, § 1, eff. Sept. 1, 1999.
§ 25.2653. VACANCY. (a) A vacancy in the office of judge is filled by a joint appointment by the commissioners courts of the counties composing the court. An appointment must be approved by a vote of a majority of the total number of the county judges and commissioners of the commissioners courts of the counties.
(b) An appointee holds office until the next general election and until the successor is elected and has qualified.
(c) This section applies to a vacancy existing on creation of the office of judge.
Added by Acts 1999, 76th Leg., ch. 409, § 1, eff. Sept. 1, 1999.
§ 25.2654. PERSONNEL. (a) The county clerk of a particular county serves as clerk in that county.
(b) The prosecuting attorney representing the state in a statutory probate court in a particular county serves as prosecutor in that county.
(c) The sheriff and the other court officials in a county shall serve in the manner required by law for their offices and are entitled to the compensation, fees, and allowances prescribed by law for their offices.
Added by Acts 1999, 76th Leg., ch. 409, § 1, eff. Sept. 1, 1999.
§ 25.2655. SEAL. The seal is the same as that provided by law for a statutory probate court except that the seal must contain the name of the court as designated by statute.
Added by Acts 1999, 76th Leg., ch. 409, § 1, eff. Sept. 1, 1999.
§ 25.2656. GENERAL LAW. Unless this subchapter contains a conflicting provision, the general law relating to statutory probate courts applies.
Added by Acts 1999, 76th Leg., ch. 409, § 1, eff. Sept. 1, 1999. § 26.001. BOND. (a) Before entering the duties of the office, the county judge must execute a bond that:
(1) is payable to the treasurer of the county; (2) is in the amount set by the commissioners court of not less than $1,000 nor more than $10,000; and
(3) is conditioned that the judge will: (A) pay all money that comes into his hands as county judge to the person or officer entitled to it;
(B) pay to the county all money illegally paid to the judge out of county funds; and
(C) not vote or consent to pay out county funds for other than lawful purposes.
(b) The bond must be approved by the commissioners court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.002. TERMS. (a) By order entered on its records, the commissioners court may fix the number of court terms, may set the times at which the terms shall be held, including the four terms required by the constitution, and may set the length of each term.
(b) Notwithstanding Subsection (a), the court must be open at all times for the transaction of probate business.
(c) All terms of court must be held at the county seat.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 149, § 20, eff. Sept. 1, 1987.
§ 26.003. ADJOURNMENT OF COURT BY SHERIFF OR CONSTABLE. If the county judge fails to appear at the time appointed for holding court and a visiting judge is not appointed, the sheriff shall adjourn the court from day to day for three days. If the sheriff fails to adjourn the court, a constable shall do so. If the judge does not appear on the fourth day and no visiting judge is appointed, the sheriff or constable shall adjourn the court until the next regular term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1388, § 1, eff. Sept. 1, 1999.
§ 26.004. MINUTES OF COURT. (a) Each morning, the minutes of the proceedings of the preceding day shall be read in open court. On the last day of the session, the minutes shall be read, corrected if necessary, and signed in open court by the county judge.
(b) A visiting judge shall sign the minutes of the proceedings before the visiting judge.
(c) The presiding judge shall approve and sign the probate minutes of the court on the first day of each month. If the first day falls on a Sunday, the presiding judge shall approve and sign the probate minutes on the preceding day.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1388, § 2, eff. Sept. 1, 1999.
§ 26.005. SEAL. (a) Each county court shall be provided with a seal that has a star with five points engraved in the center. The seal must also have "County Court of ____________ County, Texas" engraved on it.
(b) The impress of the seal shall be attached to all process other than subpoenas issued out of the court and shall be used to authenticate the official acts of the county clerk and county judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.006. SALARY SUPPLEMENT FROM STATE FOR CERTAIN COUNTY JUDGES. (a) A county judge is entitled to an annual salary supplement from the state of $15,000 if at least 40 percent of the functions that the judge performs are judicial functions.
(b) To receive a supplement under Subsection (a), a county judge must file with the Office of Court Administration of the Texas Judicial System an affidavit stating that at least 40 percent of the functions that the judge performs are judicial functions. The office of court administration shall send the affidavit to the comptroller.
(c) The commissioners court in a county with a county judge who is entitled to receive a salary supplement under this section may not reduce the county funds provided for the salary or office of the county judge as a result of the salary supplement required by this section.
Added by Acts 1997, 75th Leg., ch. 1166, § 3, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1467, § 1.08, eff. June 19, 1999; Acts 1999, 76th Leg., ch. 1572, § 4, eff. Oct. 1, 1999; Acts 2005, 79th Leg., 2nd C.S., ch. 3, § 2, eff. Dec. 1, 2005.
§ 26.007. STATE CONTRIBUTION. (a) Beginning on the first day of the state fiscal year, the state shall annually compensate each county that collects the additional fees and costs under Section 51.703 in an amount equal to $5,000 if the county judge is entitled to an annual salary supplement from the state under Section 26.006.
(b) The amount shall be paid to the county's salary fund in equal monthly installments from funds appropriated from the judicial fund.
Added by Acts 1999, 76th Leg., ch. 1572, § 5, eff. Oct. 1, 1999; Acts 1999, 76th Leg., ch. 1467, § 1.09, eff. June 19, 1999.
§ 26.008. EXCESS CONTRIBUTIONS. (a) At the end of each state fiscal year the comptroller shall determine the amounts deposited in the judicial fund under Section 51.703 and the amounts paid to the counties under Section 26.007. If the total amount paid under Section 51.703 by all counties that collect fees and costs under that section exceeds the total amount paid to the counties under Section 26.007, the state shall remit the excess to the counties that collect fees and costs under Section 51.703 proportionately based on the percentage of the total paid by each county.
(b) The amounts remitted under Subsection (a) shall be paid to the county's general fund to be used only for court-related purposes for the support of the judiciary as provided by Section 21.006.
Added by Acts 1999, 76th Leg., ch. 1467, § 1.09, eff. June 19, 1999; Acts 1999, 76th Leg., ch. 1572, § 5, eff. Oct. 1, 1999.
SUBCHAPTER B. APPOINTMENT OF VISITING JUDGE
§ 26.011. ASSIGNMENT OF VISITING JUDGE. If a county judge is absent, incapacitated, or disqualified in a civil or criminal case, the presiding judge shall appoint a visiting judge to hear the case in accordance with Subchapter C, Chapter 74.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1388, § 4, eff. Sept. 1, 1999.
§ 26.012. ASSIGNMENT OF VISITING JUDGE FOR PROBATE, GUARDIANSHIP, AND MENTAL HEALTH MATTERS. If the county judge is absent, incapacitated, or disqualified to act in a probate, guardianship, or mental health matter, a visiting judge shall be assigned in accordance with Section 25.0022(h).
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1388, § 5, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 820, § 2, eff. Sept. 1, 2001.
§ 26.015. VISITING JUDGE TO TAKE OATH. In addition to any oath previously taken, a person appointed as a visiting judge of a constitutional county court, including a person who is a retired, former, or active judge, shall take the oath of office required by the constitution.
Added by Acts 1995, 74th Leg., ch. 456, § 4, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 782, § 6, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1388, § 6, eff. Sept. 1, 1999.
§ 26.016. RECORD. When a visiting judge is appointed, the clerk shall enter in the minutes as a part of the proceedings in the cause a record that gives the visiting judge's name and shows that:
(1) the judge of the court was disqualified, absent, or disabled to try the cause;
(2) the visiting judge was appointed; and (3) in addition to any oath previously taken, the oath of office prescribed by law for the visiting judge, including a person who is a retired, former, or active judge, was duly administered to the visiting judge.
Added by Acts 1995, 74th Leg., ch. 456, § 4, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 782, § 6, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1388, § 7, eff. Sept. 1, 1999.
§ 26.017. APPOINTMENT OF ACTING COUNTY JUDGE. (a) Upon the suspension of a constitutional county judge by the State Commission on Judicial Conduct under Section 1-a, Article V, Texas Constitution, the commissioners court may appoint a resident of the county to fill the office until the next term of that office or until the suspension ends, whichever event occurs first.
(b) The commissioners court shall compensate the acting judge by the day, week, or month in an amount equal to the compensation of the regular judge. For budget amendment purposes under Chapter 111, Local Government Code, this requirement shall constitute an emergency.
Added by Acts 1995, 74th Leg., ch. 336, § 1, eff. June 8, 1995. Renumbered from V.T.C.A., Government Code § 26.015 by Acts 1997, 75th Leg., ch. 165, § 31.01(31), eff. Sept. 1, 1997.
SUBCHAPTER C. APPOINTMENT OF VISITING JUDGES IN CERTAIN COUNTIES
§ 26.021. APPLICATION OF SUBCHAPTER. This subchapter applies only to a county in which:
(1) there is no statutory county court at law or statutory probate court; and
(2) all duties of the county court devolve on the county judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.022. APPOINTMENT FOR PARTICULAR MATTERS. (a) The county judge for good cause may at any time appoint a visiting judge with respect to any pending civil or criminal matter.
(b) The visiting judge may be appointed on motion of the court or on motion of any counsel of record in the matter. Each counsel of record is entitled to notice and hearing on the matter.
(c) To be appointed a visiting judge, a person must be agreed on by the counsels of record, if the counsels are able to agree.
(d) The motion for appointment and the order appointing the visiting judge shall be noted on the docket. A written motion or order may be filed among the papers of the case.
(e) The visiting judge has the powers of the county judge in relation to the matter involved.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 782, § 7, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1388, § 9, eff. Sept. 1, 1999.
§ 26.023. APPOINTMENT FOR ABSENCE OF JUDGE. (a) The county judge may appoint a retired judge or a constitutional county judge from another county as a visiting judge when the county judge is absent from the county or absent because of physical incapacity.
(b) The visiting judge shall sit in all matters that are docketed on any of the county court's dockets and has the powers of the county judge in relation to the matter involved.
(c) Without the consent of the commissioners court, visiting judges appointed under this section may not sit for more than 15 working days during a calendar year.
(d) The order appointing the visiting judge shall be noted in the docket of the court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 811, § 1, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 782, § 8, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1388, § 10, eff. Sept. 1, 1999.
§ 26.024. APPOINTMENT TO SHARE BENCH. (a) The county judge may appoint a retired judge or a constitutional county judge from another county as a visiting judge to share the bench if the county judge finds that the dockets of the county court reflect a case load that the county judge considers to be in excess of that which can be disposed of properly in a manner consistent with the efficient administration of justice.
(b) The visiting judge may share the bench for periods authorized by the commissioners court.
(c) The visiting judge shall sit in those matters authorized by the county judge and has the powers of the county judge in relation to those matters.
(d) The order appointing the visiting judge shall be noted on the docket of the court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 811, § 2, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 782, § 9, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1388, § 11, eff. Sept. 1, 1999.
§ 26.026. COMPENSATION OF VISITING JUDGE. A visiting judge appointed under this subchapter is entitled to compensation from the commissioners court for each day the judge sits as visiting judge at the rate according to law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1388, § 12, eff. Sept. 1, 1999.
§ 26.027. NO ADMINISTRATIVE POWERS. A visiting judge appointed under this subchapter does not have the powers of the county judge as a member and presiding officer of the commissioners court or the powers of the county judge relating to the general administration of county business.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1388, § 13, eff. Sept. 1, 1999.
§ 26.028. ATTORNEY RECOMMENDATIONS. The county judge shall consider the recommendations of attorneys of the court as to the implementation of this subchapter and the accomplishment of its purposes.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER D. JURISDICTION AND POWERS
§ 26.041. GENERAL JURISDICTION; CHANGES. A county court has the jurisdiction conferred by this subchapter and other law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 1.38, eff. Sept. 1, 1987.
§ 26.042. CIVIL JURISDICTION; JUVENILE JURISDICTION. (a) A county court has concurrent jurisdiction with the justice courts in civil cases in which the matter in controversy exceeds $200 in value but does not exceed $5,000, exclusive of interest.
(b) A county court has juvenile jurisdiction as provided by Section 23.001. (c) If under Subchapter E a county court has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction, an appeal or writ of error may not be taken to the court of appeals from a final judgment of the county court in a civil case in which:
(1) the county court has appellate or original concurrent jurisdiction with the justice courts; and
(2) the judgment or amount in controversy does not exceed $100, exclusive of interest and costs.
(d) A county court has concurrent jurisdiction with the district court in civil cases in which the matter in controversy exceeds $500 but does not exceed $5,000, exclusive of interest.
(e) A county court has appellate jurisdiction in civil cases over which the justice courts have original jurisdiction in cases in which the judgment appealed from or the amount in controversy exceeds $20, exclusive of costs.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 1.39, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 745, § 1, eff. June 20, 1987; Acts 1991, 72nd Leg., ch. 776, § 1, eff. Sept. 1, 1991.
§ 26.043. CIVIL MATTERS IN WHICH COUNTY COURT IS WITHOUT JURISDICTION. A county court does not have jurisdiction in:
(1) a suit to recover damages for slander or defamation of character; (2) a suit for the enforcement of a lien on land; (3) a suit in behalf of the state for escheat; (4) a suit for divorce; (5) a suit for the forfeiture of a corporate charter; (6) a suit for the trial of the right to property valued at $500 or more and levied on under a writ of execution, sequestration, or attachment; (7) an eminent domain case; or (8) a suit for the recovery of land.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 1.40, eff. Sept. 1, 1987.
§ 26.044. CERTIORARI JURISDICTION. A county court has jurisdiction in cases brought from justice court by certiorari.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.045. ORIGINAL CRIMINAL JURISDICTION. (a) Except as provided by Subsection (c), a county court has exclusive original jurisdiction of misdemeanors other than misdemeanors involving official misconduct and cases in which the highest fine that may be imposed is $500 or less.
(b) Except as provided by Subsection (c), a county court has jurisdiction in the forfeiture and final judgment of bonds and recognizances taken in criminal cases within the court's jurisdiction.
(c) Except as provided by Subsection (d), a county court that is in a county with a criminal district court does not have any criminal jurisdiction.
(d) A county court in a county with a population of two million or more has original jurisdiction over cases alleging a violation of Section 25.093 or 25.094, Education Code.
(e) Subsections (c) and (d) do not affect the jurisdiction of a statutory county court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 1.41, eff. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 45, § 1, eff. Oct. 20, 1987; Acts 1991, 72nd Leg., ch. 108, § 6, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 137, § 1, eff. Sept. 1, 2003.
§ 26.046. APPELLATE CRIMINAL JURISDICTION. A county court has appellate jurisdiction in criminal cases of which justice courts and other inferior courts have original jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.047. HABEAS CORPUS. (a) A county court may issue a writ of habeas corpus in any case in which the constitution has not conferred the power on the district courts.
(b) On return of a writ of habeas corpus, the court may remand to custody, admit to bail, or discharge the person imprisoned or detained, as the law and nature of the case require.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.048. MOTIONS AGAINST COURT OFFICERS. A county court may hear and determine any motion against the sheriff or another officer of the court for failure to pay money collected under process of the court or for other defalcation of duty in connection with a process of the court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.049. APPOINTMENT OF COUNSEL. The county judge may appoint counsel to represent a party who makes an affidavit that he is too poor to employ counsel.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.050. POWERS OF LAW AND EQUITY. Subject to the limitations stated in this chapter and in the constitution, a county court may hear and determine any cause in law or equity that a court of law or equity recognizes and may grant any relief that may be granted by a court of law or equity.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.051. WRIT POWER. A county judge, in either term time or vacation, may grant writs of mandamus, injunction, sequestration, attachment, garnishment, certiorari, and supersedeas and all other writs necessary to the enforcement of the court's jurisdiction.
Added by Acts 1987, 70th Leg., ch. 148, § 1.42, eff. Sept. 1, 1987.
§ 26.052. PROBATE AND MENTAL HEALTH CODE CASES. (a) In a county in which the county court and any county court created by statute have jurisdiction in both probate matters and proceedings under Subtitle C, Title 7, Health and Safety Code, during each year for which a statement has been filed as provided by Subsection (b), those cases and proceedings must be filed in a county court created by statute with jurisdiction of those cases and proceedings.
(b) A county judge may file, not later than January 15 of each year, a statement with the county clerk electing not to hear probate matters and proceedings under Subtitle C, Title 7, Health and Safety Code.
Added by Acts 1991, 72nd Leg., ch. 746, § 65, eff. Oct. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 107, § 4.01, eff. Aug. 30, 1993.
SUBCHAPTER E. PROVISIONS RELATING TO PARTICULAR COUNTIES
§ 26.103. ANGELINA COUNTY. (a) The terms of the County Court of Angelina County begin on the second Mondays in January, April, July, and October and may continue for three weeks.
(b) The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.104. ARANSAS COUNTY. The County Court of Aransas County has no probate, juvenile, civil, or criminal jurisdiction.
Added by Acts 2001, 77th Leg., ch. 688, § 2, eff. June 13, 2001.
§ 26.106. ARMSTRONG COUNTY. In addition to other jurisdiction provided by law, the County Court of Armstrong County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.107. ATASCOSA COUNTY. In addition to other jurisdiction provided by law, the County Court of Atascosa County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.109. BAILEY COUNTY. In addition to other jurisdiction provided by law, the County Court of Bailey County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.111. BASTROP COUNTY. (a) If the county judge is licensed to practice law in this state, the County Court of Bastrop County has jurisdiction concurrent with the County Court at Law of Bastrop County over all causes and proceedings, civil and criminal, juvenile and probate, original and appellate, over which by the constitution and general laws of this state county courts have jurisdiction.
(b) If the county judge is not licensed to practice law in this state, the County Court of Bastrop County has concurrent jurisdiction with the county court at law only in probate proceedings, administrations of estates, guardianship proceedings, mental illness proceedings, and juvenile jurisdiction as provided by Section 26.042(b).
Added by Acts 1987, 70th Leg., ch. 148, § 2.22(a), eff. Sept. 1, 1987.
§ 26.112. BAYLOR COUNTY. The County Court of Baylor County has the general jurisdiction of a probate court and the general criminal jurisdiction of a county court but has no other civil jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1146, § 2, eff. Sept. 1, 1999.
§ 26.113. BEE COUNTY. In addition to other jurisdiction provided by law, the County Court of Bee County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.115. BEXAR COUNTY. The County Court of Bexar County has the general jurisdiction of a probate court and of a juvenile court as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.116. BLANCO COUNTY. (a) In addition to other jurisdiction provided by law, the County Court of Blanco County has original concurrent jurisdiction with the justice courts in all civil and criminal matters in which the justice courts have jurisdiction under general law.
(b) The terms of the county court begin on the first Mondays in January, May, August, and November and continue for six weeks or until the court has disposed of its business. The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.119. BOWIE COUNTY. The County Court of Bowie County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Amendment by Acts 1985, 69th Leg., ch. 159, § 42
Section 311.031(c) of this code provides, in part, that the repeal of a statute by a code does not affect an amendment of the statute by the same legislature which enacted the code and that the amendment is preserved and given effect as part of the code provision.
Section 42 of Acts 1985, 69th Leg., ch. 159, amends § 1 of Vernon's Ann.Civ.St. art. 1970-306 [now, this section] without reference to the repeal of said article by Acts 1985, 69th Leg., ch. 480, § 26(1). As so amended, § 1 reads:
"That the County Court of Bowie County shall have and exercise the general jurisdiction of probate courts and the jurisdiction to issue all writs necessary to the enforcement of its jurisdiction, and to punish contempts under such provisions as are or may be provided by general law governing County Courts throughout the State; but said County Court shall have no other jurisdiction, civil or criminal."
§ 26.121. BRAZOS COUNTY. The County Court of Brazos County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.122. BREWSTER COUNTY. (a) The terms of the County Court of Brewster County begin on the third Mondays in February, May, August, and November and continue until the court has disposed of its business.
(b) The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.126. BURLESON COUNTY. In addition to other jurisdiction provided by law, the County Court of Burleson County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.131. CAMERON COUNTY. The County Court of Cameron County has the general jurisdiction of a probate court but has no other civil or criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.134. CASS COUNTY. The County Court of Cass County has the general jurisdiction of a probate court but has no other civil or criminal jurisdiction except juvenile jurisdiction as provided by Section 26.042(b) and criminal jurisdiction to receive and enter guilty pleas in misdemeanor cases.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.135. CASTRO COUNTY. (a) The terms of the County Court of Castro County begin on the fourth Mondays in February, May, August, and November and continue until the court has disposed of its business.
(b) The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.140. COCHRAN COUNTY. In addition to other jurisdiction provided by law, the County Court of Cochran County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.143. COLLIN COUNTY. The County Court of Collin County has the general jurisdiction of a probate court but has no other civil or criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.144. COLLINGSWORTH COUNTY. In addition to other jurisdiction provided by law, the County Court of Collingsworth County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.145. COLORADO COUNTY. In addition to other jurisdiction provided by law, the County Court of Colorado County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.146. COMAL COUNTY. The County Court of Comal County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.149. COOKE COUNTY. (a) The County Court of Cooke County does not have probate, guardianship, mental health, juvenile, civil, criminal, or appellate jurisdiction.
(b) The judge of the County Court of Cooke County is exempt from the judicial training and instruction required under Chapter 22.
Added by Acts 2001, 77th Leg., ch. 535, § 2, eff. Dec. 1, 2001.
§ 26.151. COTTLE COUNTY. The County Court of Cottle County has the general jurisdiction of a probate court and the general criminal jurisdiction of a county court but has no other civil jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1147, § 2, eff. Sept. 1, 1999.
§ 26.154. CROSBY COUNTY. In addition to other jurisdiction provided by law, the County Court of Crosby County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.157. DALLAS COUNTY. The County Court of Dallas County has no appellate criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.158. DAWSON COUNTY. In addition to other jurisdiction provided by law, the County Court of Dawson County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.159. DEAF SMITH COUNTY. In addition to other jurisdiction provided by law, the County Court of Deaf Smith County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.161. DENTON COUNTY. The County Court of Denton County has no probate, juvenile, civil, or criminal jurisdiction.
Added by Acts 1987, 70th Leg., ch. 148, § 2.23(a), eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 66(a), eff. Oct. 1, 1991.
§ 26.163. DICKENS COUNTY. In addition to other jurisdiction provided by law, the County Court of Dickens County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.164. DIMMIT COUNTY. (a) The terms of the County Court of Dimmit County begin on the second Mondays in January, April, July, and October and may continue for three weeks.
(b) The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.167. EASTLAND COUNTY. The County Court of Eastland County has the general jurisdiction of a probate court but has no other civil jurisdiction except juvenile jurisdiction as provided by Section 26.042(b) and concurrent with the district court the criminal jurisdiction of a county court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 15, § 2, eff. April 14, 1987.
§ 26.169. EDWARDS COUNTY. (a) In addition to other jurisdiction provided by law, the County Court of Edwards County has original concurrent jurisdiction with the justice courts in all civil and criminal matters in which the justice courts have jurisdiction under general law.
(b) The terms of the county court begin on the first Mondays in January, May, August, and November and continue until the Saturday before the Monday on which the next term begins. The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.171. EL PASO COUNTY. The County Court of El Paso County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.173. FALLS COUNTY. The County Court of Falls County has: (1) the general jurisdiction of a probate court; (2) juvenile jurisdiction as provided by Section 26.042(b); and (3) original and appellate jurisdiction in all matters over which county courts have jurisdiction under the constitution and laws of this state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.24(a), eff. Sept. 1, 1987.
§ 26.175. FAYETTE COUNTY. In addition to other jurisdiction provided by law, the County Court of Fayette County has the following jurisdiction concurrent with the district court if the county judge is licensed to practice law in this state and practiced law for at least two years before his appointment or election:
(1) jurisdiction over cases and proceedings under the Family Code; (2) eminent domain jurisdiction; and (3) civil jurisdiction in cases in which the matter in controversy exceeds $500 and does not exceed $20,000.
Added by Acts 1987, 70th Leg., ch. 523, § 1, eff. June 17, 1987.
§ 26.176. FISHER COUNTY. In addition to other jurisdiction provided by law, the County Court of Fisher County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.180. FRANKLIN COUNTY. (a) The terms of the County Court of Franklin County begin on the second Mondays in January, April, July, and October and continue until the court has disposed of its business.
(b) The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.183. GAINES COUNTY. In addition to other jurisdiction provided by law, the County Court of Gaines County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.185. GARZA COUNTY. In addition to other jurisdiction provided by law, the County Court of Garza County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.186. GILLESPIE COUNTY. (a) In addition to other jurisdiction provided by law, the County Court of Gillespie County has original concurrent jurisdiction with the justice courts in all civil and criminal matters in which the justice courts have jurisdiction under general law.
(b) The terms of the county court begin on the first Mondays in January, May, August, and November and continue for six weeks or until the court has disposed of its business. The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.187. GLASSCOCK COUNTY. The County Court of Glasscock County has the general jurisdiction of a probate court, general criminal jurisdiction, and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Amendment by Acts 1985, 69th Leg., ch. 159, § 48
Section 311.031(c) of this code provides, in part, that the repeal of a statute by a code does not affect an amendment of the statute by the same legislature which enacted the code and that the amendment is preserved and given effect as part of the code provision.
Section 48 of Acts 1985, 69th Leg., ch. 159, amends § 1 of Vernon's Ann.Civ.St. art. 1970-320 [now, in part, this section] without reference to the repeal of said article by Acts 1985, 69th Leg., ch. 480, § 26(1). As so amended, § 1 reads:
"The County Court of Glasscock County shall have and exercise the general jurisdiction of a Probate Court and the jurisdiction to issue all writs necessary for the enforcement of its own jurisdiction; to punish contempt under such provisions as are now or may be provided by General Law governing County Courts throughout the State."
§ 26.188. GOLIAD COUNTY. In addition to other jurisdiction provided by law, the County Court of Goliad County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.189. GONZALES COUNTY. In addition to other jurisdiction provided by law, the County Court of Gonzales County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.191. GRAYSON COUNTY. The County Court of Grayson County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.192. GREGG COUNTY. (a) The terms of the County Court of Gregg County begin on the second Mondays in January, April, July, and October and continue until the court has disposed of its business.
(b) The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.200. HARDIN COUNTY. (a) The terms of the County Court of Hardin County continue until the court has disposed of its business.
(b) The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.204. HASKELL COUNTY. In addition to other jurisdiction provided by law, the County Court of Haskell County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.206. HEMPHILL COUNTY. In addition to other jurisdiction provided by law, the County Court of Hemphill County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.208. HIDALGO COUNTY. The County Court of Hidalgo County has the general jurisdiction of a probate court but has no other civil or criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.209. HILL COUNTY. (a) The County Court of Hill County has the general jurisdiction of a probate court and has concurrent original and appellate jurisdiction with the 66th District Court over civil and criminal matters within the jurisdiction of the county court.
(b) All civil and criminal matters within the jurisdiction of the county court must be filed with the district clerk in the district court.
(c) The judge of the 66th District Court shall act as presiding judge between the district and county courts and may assign to the county court original or appellate cases that are within the county court's jurisdiction and assign to a county court at law cases that are within the jurisdiction of the county court at law. The assignment shall be made by docket notation.
(d) The district clerk of Hill County shall perform all clerical functions of the county court as to matters within the concurrent jurisdiction of the county and district courts. The district clerk shall charge the fees set by law for county courts in any case within the courts' concurrent jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 959, § 3, eff. Sept. 1, 2005.
§ 26.210. HOCKLEY COUNTY. In addition to other jurisdiction provided by law, the County Court of Hockley County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.218. IRION COUNTY. (a) In addition to other jurisdiction provided by law, the County Court of Irion County has original concurrent jurisdiction with the justice courts in all civil and criminal matters in which the justice courts have jurisdiction under general law.
(b) The terms of the county court begin on the first Mondays in January, May, August, and November and continue for six weeks or until the court has disposed of its business. The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.223. JEFFERSON COUNTY. (a) The County Court of Jefferson County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.
(b) The terms of the county court continue until the court has disposed of its business. The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.226. JOHNSON COUNTY. The County Court of Johnson County has: (1) the general jurisdiction of a probate court; (2) juvenile jurisdiction as provided by Section 26.042(b); and (3) original and appellate jurisdiction over all matters over which county courts have jurisdiction under the constitution and laws of this state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.26(a), eff. Sept. 1, 1987.
§ 26.227. JONES COUNTY. The County Court of Jones County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.228. KARNES COUNTY. In addition to other jurisdiction provided by law, the County Court of Karnes County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.232. KENT COUNTY. In addition to other jurisdiction provided by law, the County Court of Kent County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.233. KERR COUNTY. (a) The terms of the County Court of Kerr County continue for three weeks or until the court has disposed of its business.
(b) The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.234. KIMBLE COUNTY. In addition to other jurisdiction provided by law, the County Court of Kimble County has original concurrent jurisdiction with the justice courts in all civil and criminal matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.235. KING COUNTY. The County Court of King County has the general jurisdiction of a probate court and the general criminal jurisdiction of a county court but has no other civil jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1495, § 2, eff. Sept. 1, 1999.
§ 26.238. KNOX COUNTY. The County Court of Knox County has the general jurisdiction of a probate court and the general criminal jurisdiction of a county court but has no other civil jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1148, § 2, eff. Sept. 1, 1999.
§ 26.240. LAMB COUNTY. In addition to other jurisdiction provided by law, the County Court of Lamb County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.241. LAMPASAS COUNTY. (a) The terms of the County Court of Lampasas County begin on the second Mondays in January, April, July, and October and continue until the business is completed.
(b) The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.244. LEE COUNTY. In addition to other jurisdiction provided by law, the County Court of Lee County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.252. LUBBOCK COUNTY. The County Court of Lubbock County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.253. LYNN COUNTY. In addition to other jurisdiction provided by law, the County Court of Lynn County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.256. MCMULLEN COUNTY. In addition to other jurisdiction provided by law, the County Court of McMullen County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.258. MARION COUNTY. The County Court of Marion County has the general jurisdiction of a probate court, general criminal jurisdiction, and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2003, 78th Leg., ch. 187, § 1, eff. Sept. 1, 2003.
§ 26.260. MASON COUNTY. The County Court of Mason County has: (1) the general jurisdiction of a probate court; (2) juvenile jurisdiction as provided by Section 26.042(b); and (3) original and appellate jurisdiction in all matters over which county courts have jurisdiction under the constitution and general laws of this state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.28(a), eff. Sept. 1, 1987.
§ 26.261. MATAGORDA COUNTY. (a) The terms of the County Court of Matagorda County begin on the third Mondays in February, May, August, and November and continue until the court has disposed of its business.
(b) The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.264. MENARD COUNTY. (a) In addition to other jurisdiction provided by law, the County Court of Menard County has original concurrent jurisdiction with the justice courts in all civil and criminal matters in which the justice courts have jurisdiction under general law.
(b) The terms of the county court begin on the first Mondays in January, May, August, and November and continue for six weeks or until the business is completed. The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.267. MILLS COUNTY. The County Court of Mills County has the general jurisdiction of a probate court, general criminal jurisdiction, and juvenile jurisdiction as provided by Section 26.042(b), but has no other civil jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.268. MITCHELL COUNTY. In addition to other jurisdiction provided by law, the County Court of Mitchell County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.272. MORRIS COUNTY. The County Court of Morris County has the general jurisdiction of a probate court, general criminal jurisdiction, and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.274. NACOGDOCHES COUNTY. The County Court of Nacogdoches County has no probate, criminal, or civil jurisdiction except juvenile jurisdiction as provided by Section 26.042(b).
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.275. NAVARRO COUNTY. The County Court of Navarro County has the general jurisdiction of a probate court, general criminal jurisdiction, and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.278. NUECES COUNTY. The County Court of Nueces County has the general jurisdiction of a probate court but has no other civil or criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.280. OLDHAM COUNTY. (a) The terms of the County Court of Oldham County begin on the fourth Mondays in February, May, August, and November and continue until the court has disposed of its business.
(b) The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.285. PARMER COUNTY. In addition to other jurisdiction provided by law, the County Court of Parmer County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.291. RANDALL COUNTY. In addition to other jurisdiction provided by law, the County Court of Randall County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.292. REAGAN COUNTY. In addition to other jurisdiction provided by law, the County Court of Reagan County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.294. RED RIVER COUNTY. (a) The County Court of Red River County has:
(1) the general jurisdiction of a probate court; (2) jurisdiction to enter orders providing for the support of deserted wives or children, pendente lite, and to punish violations of those orders;
(3) juvenile jurisdiction as provided by Section 26.042(b); and (4) original criminal jurisdiction. (b) The county court has no other civil jurisdiction or appellate criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.295. REEVES COUNTY. The County Court of Reeves County has juvenile jurisdiction as provided by Section 26.042(b) but has no other probate, criminal, or civil jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.298. ROBERTSON COUNTY. The County Court of Robertson County has: (1) the general jurisdiction of a probate court; (2) juvenile jurisdiction as provided by Section 26.042(b); and (3) original and appellate jurisdiction in all matters over which county courts have jurisdiction under the constitution and general laws of this state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.29(a), eff. Sept. 1, 1987.
§ 26.302. SABINE COUNTY. (a) The County Court of Sabine County has the general jurisdiction of a probate court, general criminal jurisdiction, and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil jurisdiction.
(b) The terms of the County Court of Sabine County begin on the second Mondays in January, April, July, and October and may continue for three weeks. The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.303. SAN AUGUSTINE COUNTY. The County Court of San Augustine County has the general jurisdiction of a probate court, general criminal jurisdiction, and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.307. SCHLEICHER COUNTY. In addition to other jurisdiction provided by law, the County Court of Schleicher County has original concurrent jurisdiction with the justice courts in all civil and criminal matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.308. SCURRY COUNTY. In addition to other jurisdiction provided by law, the County Court of Scurry County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.309. SHACKELFORD COUNTY. The County Court of Shackelford County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.314. STARR COUNTY. In addition to other jurisdiction provided by law, the County Court of Starr County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.315. STEPHENS COUNTY. The County Court of Stephens County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other criminal or civil jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.316. STERLING COUNTY. In addition to other jurisdiction provided by law, the County Court of Sterling County has original concurrent jurisdiction with the justice courts in all civil and criminal matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.317. STONEWALL COUNTY. (a) In addition to other jurisdiction provided by law, the County Court of Stonewall County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
(b) The terms of the county court continue until the court has disposed of its business. The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.320. TARRANT COUNTY. The County Court of Tarrant County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other criminal or civil jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.321. TAYLOR COUNTY. The County Court of Taylor County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other criminal or civil jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 71, § 1, eff. May 2, 1993.
§ 26.323. TERRY COUNTY. In addition to other jurisdiction provided by law, the County Court of Terry County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.327. TRAVIS COUNTY. The County Court of Travis County has the general jurisdiction of a probate court but has no other civil or criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.328. TRINITY COUNTY. (a) The terms of the County Court of Trinity County begin on the first Mondays in January, April, July, and October and may continue for three weeks.
(b) The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.330. UPSHUR COUNTY. (a) The County Court of Upshur County has the general jurisdiction of a probate court and has concurrent jurisdiction with the district court in all other matters over which county courts are given jurisdiction by the constitution and general laws of this state.
(b) All civil and criminal matters within the concurrent jurisdiction of the county and district courts must be filed with the county clerk in the county court.
(c) The county judge shall act as presiding judge between the county and district courts and may assign to the district court original or appellate cases that are within the concurrent jurisdiction of the courts. The assignment shall be made by docket notation.
(d) The county clerk shall perform all clerical functions of the county court as to matters within the concurrent jurisdiction of the county and district courts. The county clerk shall charge the fees set by law for county courts in any case within the courts' concurrent jurisdiction.
Added by Acts 1987, 70th Leg., ch. 148, § 2.30(a), eff. Sept. 1, 1987.
§ 26.336. WALKER COUNTY. The County Court of Walker County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.337. WALLER COUNTY. The County Court of Waller County has the general jurisdiction of a probate court but has no other civil or criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.339. WASHINGTON COUNTY. The County Court of Washington County has the general jurisdiction of a probate court but has no other civil or criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 943, § 10, eff. Aug. 31, 1987.
§ 26.340. WEBB COUNTY. The County Court of Webb County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.342. WHEELER COUNTY. In addition to other jurisdiction provided by law, the County Court of Wheeler County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.343. WICHITA COUNTY. (a) The County Court of Wichita County has general criminal jurisdiction, the general jurisdiction of a probate court, and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil jurisdiction except as prescribed by Subsection (b).
(b) The county court has jurisdiction over cases involving child neglect or dependency proceedings and may punish contempt growing out of or ancillary to those cases if the county judge:
(1) has the qualifications required of a district judge; and (2) is designated by the Wichita County Juvenile Board as judge of the juvenile court.
(c) With the county judge's approval a district court in Wichita County may transfer to the county court a case involving juvenile delinquency, child neglect, or dependency proceedings.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.351. YOAKUM COUNTY. In addition to other jurisdiction provided by law, the County Court of Yoakum County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 26.353. ZAPATA COUNTY. (a) The terms of the County Court of Zapata County begin on the third Mondays in February, May, September, and November and continue for three weeks or until the court has disposed of its business.
(b) The commissioners court may change the court terms under Section 26.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. § 27.001. BOND. Each justice of the peace must give a bond payable to the county judge, in an amount of not more than $5,000, and conditioned that the justice will:
(1) faithfully and impartially discharge the duties required by law; and (2) promptly pay to the entitled party all money that comes into the justice's hands during the term of office.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 27.002. COMMISSION; NOTARY. Each justice of the peace shall be commissioned as justice of the peace of the applicable precinct and ex officio notary public of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 27.003. EFFECT OF PRECINCT BOUNDARY CHANGES. A person who has served as justice of the peace of a precinct for 10 or more consecutive years preceding a change in boundaries of the precinct is not ineligible for reelection in the precinct because of residence outside the precinct as long as the justice's residence is within the boundaries of the precinct as they existed before the change.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 27.004. RECORDS AND OTHER PROPERTY. (a) Each justice shall arrange and safely keep all dockets, books, and papers transmitted to the justice by the justice's predecessors in office, and all papers filed in a case in justice court, subject to the public access requirements prescribed by Rule 12, Rules of Judicial Administration.
(a-1) If a person vacates the office of justice of the peace, the person shall transfer all court records, documents, property, and unfinished business to the person's successor on the date the successor takes office. After the transfer, the business of the office must be completed as if the successor had begun the business.
(b) A person who has possession of dockets, books, or papers belonging to the office of any justice of the peace shall deliver them to the justice on demand. If the person refuses to deliver them, on a motion supported by an affidavit, the person may be attached and imprisoned by the order of the county judge until the person makes delivery. The county judge may issue the order in termtime or vacation. The person against whom the motion is made must be given three days' notice of the motion before the person may be attached.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 711, § 1, eff. Sept. 1, 2005.
§ 27.005. EDUCATIONAL REQUIREMENTS. (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 20-hour course. (b) The courses may be completed in an accredited state-supported school of higher education.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 802, § 1, eff. Sept. 1, 1989; Acts 2001, 77th Leg., ch. 147, § 1, eff. Sept. 1, 2001.
§ 27.006. COLLECTING DEBT FOR ANOTHER; OFFENSE. (a) A justice commits an offense if the justice:
(1) accepts for collection or undertakes the collection of a claim for a debt for another, unless the justice acts under a law that prescribes the duties of the justice; or
(2) accepts compensation not prescribed by law for accepting for collection or undertaking the collection of a claim for debt for another.
(b) An offense under Subsection (a) is a misdemeanor punishable by a fine of not less than $200 or more than $500.
(c) In addition to the fine, the justice may be removed from office. (d) This section does not prohibit a justice who is authorized by law to act for others in the collection of debts from undertaking to collect a debt for another if the amount of the debt is beyond the jurisdiction of the justice court.
Added by Acts 1993, 73rd Leg., ch. 268, § 9, eff. Sept. 1, 1993.
SUBCHAPTER B. JURISDICTION AND POWERS
§ 27.031. JURISDICTION. (a) In addition to the jurisdiction and powers provided by the constitution and other law, the justice court has original jurisdiction of:
(1) civil matters in which exclusive jurisdiction is not in the district or county court and in which the amount in controversy is not more than $5,000, exclusive of interest;
(2) cases of forcible entry and detainer; and (3) foreclosure of mortgages and enforcement of liens on personal property in cases in which the amount in controversy is otherwise within the justice court's jurisdiction.
(b) A justice court does not have jurisdiction of: (1) a suit in behalf of the state to recover a penalty, forfeiture, or escheat;
(2) a suit for divorce; (3) a suit to recover damages for slander or defamation of character; (4) a suit for trial of title to land; or (5) a suit for the enforcement of a lien on land.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 745, § 2, eff. June 20, 1987; Acts 1991, 72nd Leg., ch. 776, § 2, eff. Sept. 1, 1991.
§ 27.032. EXTRAORDINARY REMEDIES. A justice of the peace may issue writs of attachment, garnishment, and sequestration within the justice's jurisdiction in the same manner as judges and clerks of the district and county courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 27.033. OTHER POWERS. A justice of the peace may: (1) exercise jurisdiction over other matters cognizable before a justice of the peace under any law of this state; and
(2) proceed with all unfinished business of the office as if the business had been originally begun before that justice.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 27.034. DEED RESTRICTION JURISDICTION. (a) A justice court has jurisdiction of suits relating to enforcement of a deed restriction of a residential subdivision that does not concern a structural change to a dwelling.
(b) The petitioner in a dispute concerning a deed restriction shall present as evidence at the first hearing in the dispute:
(1) a certified copy of the deed or other document that establishes the restriction on the property; and
(2) other documents necessary to demonstrate that the restriction applies to the property in dispute.
(c) In a dispute concerning a deed restriction, a justice of the peace may order any alternative method of dispute resolution provided by Title 7, Civil Practice and Remedies Code. (d) The jurisdiction provided by this section is concurrent with the jurisdiction of the district court.
(e) A justice court has jurisdiction of suits under this section regardless of the amount in controversy.
(f) In a dispute concerning a deed restriction, a justice of the peace may consolidate disputes relating to the same issues and parties.
(g) An appeal under this section is by trial de novo. (h) In this section, "deed restriction" means one or more restrictive covenants contained or incorporated by reference in a properly recorded deed, map, plat, replat, declaration, or other instrument filed in the real property records, map records, or deed records of the county in which the property is located.
(i) In this section, a "dwelling" does not include an external structure such as a carport, fence, storage building, or unattached garage.
(j) Nothing in this section authorizes a justice of the peace to grant a writ of injunction.
Added by Acts 1995, 74th Leg., ch. 1022, § 1, eff. June 17, 1995. Amended by Acts 1997, 75th Leg., ch. 136, § 1, eff. May 19, 1997; Acts 1999, 76th Leg., ch. 672, § 1, eff. June 18, 1999.
SUBCHAPTER C. CONDUCTING COURT
§ 27.051. TERMS OF COURT; PLACE FOR HOLDING COURT. (a) Each justice shall hold a term of court for civil business once each month and may transact such business out of termtime as is authorized by law.
(b) Each justice shall hold the regular term of court at the justice's office at times prescribed by the commissioners court. The commissioners court shall set the time and place for holding justice court.
(c) A justice may hold court from day to day until all business is disposed of or may adjourn the court or trial of a case to a particular day.
(d) If the regular term does not begin on the day set by law, the court is considered adjourned until its next regular term.
(e) If the justice precinct in which the courthouse is located has more than 75,000 inhabitants, the commissioners court shall provide and furnish a suitable place in the courthouse for the justice of that precinct to hold court.
(f) A justice of the peace of a precinct in a county with a population of less than 30,000 may hold court in the county courthouse or another facility provided under Section 292.002(a), Local Government Code, for that purpose. If requested by the justice, the commissioners court of the county may provide and furnish a suitable place in the courthouse or another facility provided under Section 292.002(a), Local Government Code, for the justice to hold court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 1223, § 1, eff. June 16, 1989; Acts 1993, 73rd Leg., ch. 825, § 2, eff. Sept. 1, 1993.
§ 27.052. VACANCY OR ABSENCE. If the office of justice of the peace is vacant in a precinct or if the justice is absent or unable or unwilling to perform his duties, the nearest justice in the county may temporarily perform the duties of the office.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 27.054. EXCHANGE OF BENCHES. (a) A justice of the peace may hold court for any other justice in any county at the request of that justice.
(b) The justices of any county may exchange benches for a period not to exceed five days if they consider it expedient.
(c) A justice who exchanges benches with another justice is not entitled to receive compensation from the commissioners court of the county in which the regular justice serves.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 1164, § 1, eff. Sept. 1, 2005.
§ 27.055. SPECIAL AND TEMPORARY JUSTICES. (a) If a justice of the peace is disqualified from a civil case, is sick, or is absent from the precinct, the parties may agree on a person to try the case. If the parties fail to agree at the first term of the court after service is perfected, the county judge shall, on application of the justice or either party, appoint a qualified person to try the case. The disqualification, absence, or illness of the justice and the selection by agreement or appointment of another person to try the case shall be noted on the docket of the justice.
(b) If a justice is temporarily unable to perform official duties because of absence, recusal, illness, injury, or other disability, the county judge may appoint a qualified person to serve as temporary justice for the duration of the disability. The commissioners court shall compensate the temporary justice by the day, week, or month in an amount equal to the compensation of the regular justice. A temporary justice has all the rights and powers of the justice of the peace while serving in that capacity but may not make personnel decisions about, or significant changes in, the justice of the peace's office.
(c) In Subsections (b) and (f), "qualified person" means a person who has served as a justice of the peace for not less than 4-1/2 years and who has not been convicted of a criminal offense that involves moral turpitude.
(d) A person appointed under Subsection (b) or (f) may reside in a county other than the county in which the person is appointed as a temporary justice of the peace.
(e) The county judge may appoint any qualified voter under Section 11.002, Election Code, to serve as a temporary justice of the peace if the judge cannot find a qualified person who agrees to serve under Subsection (b) or (f).
(f) In a county that has a population of more than 800,000 and that has not more than five justices of the peace, the county judge may appoint a qualified person to serve as a temporary justice of the peace to hold court when necessary to dispose of accumulated business in the precinct. The county judge may designate the local administrative statutory county court judge to act on behalf of the county judge in making the appointment under this subsection.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 716, § 1, eff. Sept. 1, 1995; Acts 2005, 79th Leg., ch. 1326, § 1, eff. Sept. 1, 2005.
§ 27.056. CLERK. (a) Each justice of the peace may designate one or more persons to serve as clerk of the justice court.
(b) The clerk may administer oaths and affidavits and make certificates and affix the court's seal to those certificates.
(c) The clerk shall: (1) maintain central docket records for all cases filed in the justice court;
(2) maintain an index of all court judgments for cases arising in the justice court; and
(3) perform the other duties required by law and assist the judge in handling matters before the court.
Added by Acts 1989, 71st Leg., ch. 802, § 2, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 96, § 1, eff. Sept. 1, 1995.
§ 27.057. CITATION. A clerk of a justice court may issue citation in the manner provided for justices of the peace by the Texas Rules of Civil Procedure.
Added by Acts 1989, 71st Leg., ch. 802, § 3, eff. Sept. 1, 1989.
§ 27.058. CIVIL DOCKET. Information in the civil docket of a justice of the peace may be processed and stored by the use of electronic data processing equipment, at the discretion of the justice.
Added by Acts 1991, 72nd Leg., ch. 776, § 3, eff. Sept. 1, 1991.
§ 27.059. JUSTICE OF THE PEACE SEAL. (a) The commissioners court shall furnish to each justice of the peace a seal that has a star with five points in the center. The seal must also have "Justice Court, __________ County, Texas" and any applicable precinct number on it.
(b) The seal may be attached to all process other than subpoenas issued out of the justice court and may be used to authenticate the official acts of the justice clerk and the justice of the peace.
(c) The seal may be affixed by a seal press or stamp that embosses or prints the seal.
Added by Acts 1991, 72nd Leg., ch. 747, § 1, eff. Sept. 1, 1991. Renumbered from § 27.058 by Acts 1991, 72nd Leg., 1st C.S., ch. 14, § 8.01(12), eff. Nov. 12, 1991.
448. § 28.001. SMALL CLAIMS COURT. In each county, there is a court of inferior jurisdiction known as the small claims court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 28.002. JUDGE. Each justice of the peace sits as judge of the small claims court and exercises the jurisdiction provided by this chapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 28.003. JURISDICTION. (a) The small claims court has concurrent jurisdiction with the justice court in actions by any person for the recovery of money in which the amount involved, exclusive of costs, does not exceed $5,000.
(b) An action may not be brought in small claims court by: (1) an assignee of the claim or other person seeking to bring an action on an assigned claim;
(2) a person primarily engaged in the business of lending money at interest; or
(3) a collection agency or collection agent. (c) A person may be represented by an attorney in small claims court. (d) This section does not prevent a legal heir from bringing an action on a claim or account otherwise within the jurisdiction of the court.
(e) A corporation need not be represented by an attorney in small claims court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 745, § 3, eff. June 20, 1987; Acts 1989, 71st Leg., ch. 501, § 1, eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 802, § 4, 5, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 776, § 4, eff. Sept. 1, 1991.
§ 28.004. FEES. Fees in small claims court are, except as provided by Subchapter E, Chapter 118, Local Government Code, the same as those for cases in justice courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 974, § 3, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1, § 19(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 2, § 8.26, eff. Aug. 28, 1989.
§ 28.005. SUPPLIES. The commissioners court shall furnish to the justices of the peace a reasonable number of blank forms, docket books, and other supplies necessary for the small claims court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 28.006. SMALL CLAIMS COURT SEAL. (a) The commissioners court shall furnish to each judge of a small claims court a seal that has a star with five points in the center. The seal must also have "Small Claims Court, __________ County, Texas" and any applicable precinct number on it.
(b) The seal may be attached to all process other than subpoenas issued out of the small claims court and may be used to authenticate the official acts of the clerk and the judge of the small claims court.
(c) The seal may be affixed by a seal press or stamp that embosses or prints the seal.
Added by Acts 1991, 72nd Leg., ch. 747, § 2, eff. Sept. 1, 1991.
SUBCHAPTER B. INSTITUTION OF CLAIM
§ 28.011. VENUE. An action in small claims court must be brought in the county and precinct in which the defendant resides, except that:
(1) an action on an obligation that the defendant has contracted to perform in a certain county may be brought in that county; and
(2) an action for which venue is proper under Section 15.099, Civil Practice and Remedies Code, may be brought as provided by that section.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1985, 69th Leg., ch. 480, § 25, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 148, § 2.31, eff. Sept. 1, 1987.
§ 28.012. INSTITUTION OF ACTION. (a) To institute an action in small claims court, the claimant, attorney for the claimant, or authorized agent of the claimant must:
(1) appear before the judge or the clerk of the court and file a statement of the claim under oath; or
(2) file a sworn statement of the claim with the judge or clerk of the court.
(b) The statement must be in substantially the following form: In the Small Claims Court of __________ County, Texas A. B., Plaintiff vs. C. D., Defendant
State of Texas
County of ___________ A. B., whose post office address is _____________________(Street and Number), ___________(City), ____________ County, Texas, being duly sworn, on his oath deposes and says that C. D., whose post office address is ___________________(Street and Number), _________(City), _______________________ County, Texas, is justly indebted to him in the sum of _________ Dollars and ________ Cents ($__________), for
________________________________________________________________
________________________________________________________________
________________________________________________________________
(here the nature of the claim should be stated in concise form and without technicality, including all pertinent dates), and that there are no counterclaims existing in favor of the defendant and against the plaintiff, except ___________________________________
______________________
Plaintiff Subscribed and sworn to before me this ___day of ___, 19__. ______________________ Judge By:___________________ Clerk
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 745, § 4, eff. June 20, 1987; Acts 1989, 71st Leg., ch. 802, § 6, eff. Sept. 1, 1989.
§ 28.013. CITATION. (a) On filing the statement and payment of the filing fee, the judge or clerk shall issue process in the manner provided for a case in justice court.
(b) Citation is served by an officer of the state authorized to serve other citations.
(c) Citation may be served in any manner authorized for service of citation in a district court, county court, or justice court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 802, § 7, eff. Sept. 1, 1989.
§ 28.014. MOTION TO TRANSFER VENUE. The defendant may file a written motion to transfer venue as provided by the rules governing justice courts. The final ruling of the judge on the plea is interlocutory and may be appealed only with an appeal of the final judgment.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 802, § 8, eff. Sept. 1, 1989.
SUBCHAPTER C. HEARING
§ 28.031. FAILURE TO APPEAR. (a) If a defendant who has been served with citation fails to appear at the time and place specified in the citation, the judge shall enter a default judgment for the plaintiff in the amount proved to be due. The judge may set aside the default judgment if, not later than the 10th day after the default judgment is signed, the defendant files with the court a written motion showing good cause for setting aside the judgment.
(b) If the plaintiff does not appear, the judge may enter an order dismissing the action without prejudice. The judge may set the case for trial if, not later than the 10th day after the judge dismisses the action, the plaintiff files with the court a written motion showing good cause to set aside the dismissal.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 802, § 9, eff. Sept. 1, 1989.
§ 28.032. POSTPONEMENT. The judge may grant a postponement or continuance only for good cause shown.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 28.033. HEARING. (a) If both parties appear, the judge shall proceed to hear the case.
(b) Formal pleading other than the statement is not required. (c) The judge shall hear the testimony of the parties and the witnesses that the parties produce and shall consider the other evidence offered.
(d) The hearing is informal, with the sole objective being to dispense speedy justice between the parties.
(e) Reasonable discovery in small claims court shall be permitted. Discovery is limited to that considered appropriate and permitted by the judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 802, § 10, eff. Sept. 1, 1989.
§ 28.034. DUTY OF JUDGE TO DEVELOP CASE. The judge shall develop the facts of the case, and for that purpose may question a witness or party and may summon any party to appear as a witness as the judge considers necessary to a correct judgment and speedy disposition of the case.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 28.035. JURY TRIAL. (a) A party is entitled to a jury trial if the requesting party files a request with the court not later than one day before the date on which the hearing is to be held and at the same time pays the jury fee to the judge.
(b) The jury is provided as in other civil cases in justice court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER D. JUDGMENT; APPEAL; EXECUTION
§ 28.051. JUDGMENT. (a) On conclusion of the hearing, the judge shall render judgment as the justice of the case requires.
(b) If the judgment is against the defendant, the defendant shall pay the judgment immediately.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 28.052. RIGHT TO APPEAL. (a) If the amount in controversy, exclusive of costs, exceeds $20, a dissatisfied party may appeal the final judgment to the county court or county court at law.
(b) Appeal is in the manner provided by law for appeal from justice court to county court.
(c) A person determined by the court to be indigent may, in making an appeal under this section, file an affidavit of inability to pay as provided for in Rule 145, Texas Rules of Civil Procedure.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 381, § 1, eff. Sept. 1, 2005.
§ 28.053. HEARING ON APPEAL. (a) The county court or county court at law shall dispose of small claims appeals with all convenient speed.
(b) Trial on appeal is de novo. No further pleadings are required and the procedure is the same as in small claims court.
(c) All costs not previously paid by the parties accrue until judgment is rendered on the appeal.
(d) Judgment of the county court or county court at law on the appeal is final.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 28.054. ENFORCEMENT OF JUDGMENT. If the defendant fails to make immediate payment on the judgment, the judgment may be enforced as in justice court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 745, § 5, eff. June 20, 1987.
§ 28.055. JUDGMENT NOT CLAIMED BY PLAINTIFF. (a) If a defendant has not paid a judgment in favor of the plaintiff and the plaintiff's whereabouts are unknown, the defendant shall use due diligence to locate the plaintiff. The defendant must send a letter by registered or certified mail, return receipt requested, to the plaintiff's last known address and to the address appearing in the plaintiff's statement of his claim or other court record.
(b) If the plaintiff is not located after the use of due diligence, the defendant may pay to the court the amount owed under the judgment. The judge shall immediately execute a release of the judgment on behalf of the plaintiff and deliver the release to the defendant.
(c) The amount paid to the court is held in trust for the plaintiff, and at least once a month the court shall pay those trust funds to the county clerk. The clerk shall deposit the trust funds in the county clerk's trust fund account in the county treasury. The funds shall be deposited, and may be withdrawn, in the same manner as trust funds deposited in district or county court to abide the result of a legal proceeding.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. § 29.001. DEFINITION. In this chapter, "municipality" means an incorporated city, town, or village.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 29.002. CREATION. A municipal court is created in each municipality. A reference in state law to a "corporation court" means a "municipal court."
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 29.003. JURISDICTION. (a) A municipal court, including a municipal court of record, shall have exclusive original jurisdiction within the municipality's territorial limits and property owned by the municipality located in the municipality's extraterritorial jurisdiction in all criminal cases that:
(1) arise under: (A) the ordinances of the municipality; or (B) a resolution, rule, or order of a joint board operating an airport under Section 22.074, Transportation Code; and
(2) are punishable by a fine not to exceed: (A) $2,000 in all cases arising under municipal ordinances or resolutions, rules, or orders of a joint board that govern fire safety, zoning, or public health and sanitation, including dumping of refuse; or
(B) $500 in all other cases arising under a municipal ordinance or a resolution, rule, or order of a joint board.
(b) The municipal court has concurrent jurisdiction with the justice court of a precinct in which the municipality is located in all criminal cases arising under state law that arise within the municipality's territorial limits or property owned by the municipality located in the municipality's extraterritorial jurisdiction and that:
(1) are punishable only by a fine, as defined in Subsection (c); or (2) arise under Chapter 106, Alcoholic Beverage Code, and do not include confinement as an authorized sanction.
(c) In this section, an offense which is punishable by "fine only" is defined as an offense that is punishable by fine and such sanctions, if any, as authorized by statute not consisting of confinement in jail or imprisonment.
(d) The fact that a conviction in a municipal court has as a consequence the imposition of a penalty or sanction by an agency or entity other than the court, such as a denial, suspension, or revocation of a privilege, does not affect the original jurisdiction of the municipal court.
(e) The municipal court has jurisdiction in the forfeiture and final judgment of all bail bonds and personal bonds taken in criminal cases of which the court has jurisdiction.
(f) This section does not affect the powers given exclusively to a joint board operating an airport under Section 22.074(d), Transportation Code.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.32(a), eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 641, § 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 680, § 3, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 108, § 7, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 449, § 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 533, § 3, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1013, § 40, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 611, § 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 660, § 1, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 1122, § 1, eff. Sept. 1, 2001.
§ 29.004. JUDGE. (a) The judge and alternate judges of the municipal court in a home-rule city are selected under the municipality's charter provisions relating to the election or appointment of judges. The judge shall be known as the "judge of the municipal court" unless the municipality by charter provides for another title.
(b) In a general-law city, the mayor is ex officio judge of the municipal court unless the municipality by ordinance authorizes the election of the judge or provides for the appointment and qualifications of the judge. If the municipality authorizes an election, the judge shall be elected in the manner and for the same term as the mayor. If the municipality authorizes the appointment, the mayor ceases to be judge on the enactment of the ordinance. The first elected or appointed judge serves until the expiration of the mayor's term.
(c) If a general-law municipality changes the method of judicial selection from election to appointment, the first appointee takes office on the expiration of the term of the previously elected judge.
(d) A reference in the laws of this state to a "recorder" means a "judge of the municipal court."
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 29.005. TERM OF OFFICE. The judge of a municipal court serves for a term of office of two years unless the municipality provides for a longer term pursuant to Article XI, Section 11, of the Texas Constitution. A municipal court judge who is not reappointed by the 91st day following the expiration of a term of office shall, absent action by the appointing authority, continue to serve for another term of office beginning on the date the previous term of office expired.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 764, § 1, eff. Jan. 1, 1994.
§ 29.006. TEMPORARY REPLACEMENT IN GENERAL-LAW MUNICIPALITIES. If a municipal judge of a municipality incorporated under the general laws of this state is temporarily unable to act, the governing body may appoint one or more persons meeting the qualifications for the position to sit for the regular municipal judge. The appointee has all powers and duties of the office and is entitled to compensation as set by the governing body.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 29.007. MUNICIPAL COURT PANELS OR DIVISIONS; TEMPORARY JUDGES. (a) A home-rule city by charter or by ordinance may divide the municipal court into two or more panels or divisions, one of which shall be presided over by a presiding judge. Each additional panel or division shall be presided over by an associate judge, who is a magistrate with the same powers as the presiding judge.
(b) The panels or divisions may hold concurrent or continuous sessions either day or night.
(c) Each panel or division may exercise municipal court jurisdiction and has concurrent jurisdiction with the other panels or divisions.
(d) Except as otherwise provided by the charter, the municipality by ordinance may establish:
(1) the qualifications for appointment as a judge; (2) the ability of a judge to transfer cases, exchange benches, and preside over any of the panels or divisions;
(3) the office of the municipal court clerk, who shall serve as clerk of all the panels or divisions with the assistance of deputy clerks as needed; and
(4) a system for the filing of complaints with the municipal court clerk so that the case load is equally distributed among the panels or divisions.
(e) Except as modified by this section, procedure before a panel or division and appeal from the decision of a panel or division is governed by general law applicable to municipal courts.
(f) If the municipality has established the office of municipal court clerk, the clerk shall keep minutes of the proceedings of the municipal court and its panels or divisions, administer oaths, issue process, and generally perform the duties for the municipal court that a county clerk performs for a county court.
(g) The municipality may provide by charter or by ordinance for the appointment of one or more temporary judges to serve if the regular judge, the presiding judge, or an associate judge is temporarily unable to act. A temporary judge must have the same qualifications as the judge he replaces and has the same powers and duties as that judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 29.010. CLERK. (a) In a municipality that provides for the election of a municipal judge, the municipal court clerk is elected in the same manner unless by ordinance the city secretary serves as clerk. A city secretary who serves as clerk may be authorized to appoint a deputy clerk.
(b) The clerk serves a two-year term of office unless the municipality provides for a longer term pursuant to Article XI, Section 11, of the Texas Constitution. If the city secretary serves as clerk, that person serves as clerk during the term as city secretary.
(c) The clerk shall keep minutes of the proceedings of the court, issue process, and generally perform the duties for the municipal court that a county clerk performs for a county court.
(d) Subsection (a) does not apply to a home-rule municipality that provides by charter for the appointment of the clerk.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 774, § 1, eff. Sept. 1, 1991.
§ 29.011. VACANCY. The governing body of the municipality shall by appointment fill a vacancy in the office of municipal judge or clerk for the remainder of the unexpired term of office only.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 29.012. SITTING FOR DISQUALIFIED OR RECUSED JUDGE. (a) If the judge of a municipal court is disqualified or recused in a pending case, the judge of another municipal court located in an adjacent municipality may sit in the case.
(b) A municipal court judge may not sit in a case for another municipal court judge under this section if either party objects to the judge. An objection under this subsection must be filed before the first hearing or trial, including pretrial hearings, over which the judge is to preside.
Added by Acts 1999, 76th Leg., ch. 912, § 1, eff. Sept. 1, 1999.
SUBCHAPTER B. MUNICIPAL COURTS IN CERTAIN CITIES
§ 29.101. MUNICIPALITY OF MORE THAN 250,000. (a) A municipality with a population of more than 250,000 may by ordinance establish two municipal courts. With the confirmation of the governing body of the municipality, the mayor may appoint two or more judges for the courts and may designate the seniority of the judges.
(b) Either or both of the courts may hold concurrent or continuous sessions either day or night.
(c) Each court may exercise municipal court jurisdiction and has concurrent jurisdiction with the other municipal courts.
(d) The municipality by ordinance may establish: (1) the qualifications for appointment as a municipal judge; (2) the ability of a judge to transfer cases, exchange benches, and preside over any of the municipal courts;
(3) the office of the municipal court clerk, who shall serve as clerk of all the municipal courts with the assistance of deputy clerks as needed; and
(4) a system for the filing of complaints with the municipal court clerk so that the case load is equally distributed among the courts.
(e) Except as modified by this section, procedure before each of the courts and appeal from a decision of either of the courts are governed by general law applicable to municipal courts.
(f) This section supersedes any municipal charter provision that conflicts with this section.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 29.102. MUNICIPALITY OF 130,001 TO 285,000. (a) An incorporated municipality with a population of 130,001 to 285,000 by ordinance may establish up to four additional municipal courts. The judge of each additional court must meet the same qualifications and be selected in the same manner as provided in the city charter for the judges of the existing municipal courts. If the charter provides for the election of municipal judges, the governing body of the municipality may appoint a person to serve as judge in each newly created court until the next regular city election.
(b) The courts may hold concurrent or continuous sessions either day or night.
(c) Each court may exercise municipal court jurisdiction and has concurrent jurisdiction with the other municipal courts.
(d) Except as otherwise provided by the charter, the governing body by ordinance may establish:
(1) the qualifications for appointment as a municipal judge; (2) the ability of a judge to transfer cases, exchange benches, and preside over any of the municipal courts;
(3) the office of the municipal court clerk, who shall serve as clerk of all the municipal courts with the assistance of deputy clerks as needed; and
(4) a system for the filing of complaints with the municipal court clerk so that the case load is equally distributed among the courts.
(e) Except as modified by this section, procedure before each of the courts and appeal from a decision of any of the courts are governed by general law applicable to municipal courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 29.103. MUNICIPAL COURTS IN EL PASO. (a) The City of El Paso by ordinance may establish additional municipal courts as needed. The judge of each additional court must meet the same qualifications and be selected in the same manner as provided in the city charter for the judges of the existing municipal courts. If the charter provides for the election of municipal judges, the governing body of the municipality may appoint a person to serve as judge in each newly created court until the next regular city election.
(b) The courts may hold concurrent or continuous sessions either day or night.
(c) Each court may exercise municipal court jurisdiction and has concurrent jurisdiction with the other municipal courts.
(d) Except as otherwise provided by the charter, the governing body may by ordinance establish:
(1) the qualifications for appointment as a municipal judge; (2) the ability of a judge to transfer cases, exchange benches, and preside over any of the municipal courts;
(3) the office of the municipal court clerk, who shall serve as clerk of all the municipal courts with the assistance of deputy clerks as needed; and
(4) a system for the filing of complaints with the municipal court clerk so that the case load is equally distributed among the courts.
(e) Except as modified by this section, procedure before each of the courts and appeal from a decision of any of the courts are governed by general law applicable to municipal courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 29.104. MUNICIPAL COURT PROCEEDINGS OUTSIDE CORPORATE LIMITS. The municipal court of a municipality with a population of 700 or less may conduct its proceedings within the corporate limits of a contiguous incorporated municipality.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 29.105. MUNICIPAL COURT PROCEEDINGS IN MUNICIPALITY PARTICIPATING IN POLICE DEPARTMENT CONTRACT. A municipality that contracts with one or more municipalities for the operation of a joint police department may conduct its municipal court proceedings within the municipal limits of any municipality that is a party to the contract.
Added by Acts 1995, 74th Leg., ch. 741, § 1, eff. June 15, 1995. § 30.00001. SHORT TITLE; APPLICATION. (a) This chapter may be cited as the Uniform Municipal Courts of Record Act.
(b) This subchapter applies to: (1) each municipality listed in this chapter; and (2) each other municipality in which the governing body of the municipality has created a municipal court of record as authorized by Section 30.00003.
(c) If a provision of this subchapter conflicts with a specific provision for a particular municipality, the specific provision controls.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.481 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1127, § 1, eff. Sept. 1, 2003.
§ 30.00002. DEFINITIONS. In this subchapter: (1) "Appellate court" means: (A) the county criminal court, the county criminal court of appeals, or the municipal court of appeals; or
(B) the county court at law if there is no county criminal court, county criminal court of appeals, or municipal court of appeals.
(2) "Governing body" means the legislative body of a municipality, without regard to the name or title given to any particular body.
(3) "Municipality" means an incorporated city, town, or village. (4) "Presiding judge" means the presiding municipal judge, chief judge, or administrative judge.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.482 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00003. CREATION OF MUNICIPAL COURTS OF RECORD. (a) The governing body may by ordinance create a municipal court of record if the governing body determines that the creation of the court is necessary to provide a more efficient disposition of the cases arising in the municipality.
(b) The ordinance may establish as many municipal courts of record as needed as determined by the governing body.
(c) Except as provided by Subsection (d), the ordinance shall give each court a numerical designation, beginning with "Municipal Court of Record No. 1."
(d) If a municipality has a unified court of record, that court shall be the "Municipal Court of Record in the City of (name of municipality)" and the municipality may establish by ordinance divisions, beginning with "Division No. 1."
(e) A municipal court of record may not exist concurrently with a municipal court that is not a municipal court of record in the municipality.
(f) A municipal court of record has no terms and may sit for any time for the transaction of business of the court.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.483 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00004. ABOLITION OF COURT. If the governing body of the city finds that a municipal court of record is unnecessary, the governing body shall by ordinance declare the office of the municipal judge vacant at the end of the term for which the judge was last selected. Any cases then pending shall be transferred to a court with proper jurisdiction of the offense.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.484 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00005. JURISDICTION. (a) A municipal court of record has the jurisdiction provided by general law for municipal courts.
(b) The court has jurisdiction over criminal cases arising under ordinances authorized by Sections 215.072, 217.042, 341.903, and 401.002, Local Government Code.
(c) The governing body may by ordinance provide that the court has concurrent jurisdiction with a justice court in any precinct in which the municipality is located in criminal cases that arise within the territorial limits of the municipality and are punishable only by fine.
(d) The governing body of a municipality by ordinance may provide that the court has:
(1) civil jurisdiction for the purpose of enforcing municipal ordinances enacted under Subchapter A, Chapter 214, Local Government Code, or Subchapter E, Chapter 683, Transportation Code;
(2) concurrent jurisdiction with a district court or a county court at law under Subchapter B, Chapter 54, Local Government Code, within the municipality's territorial limits and property owned by the municipality located in the municipality's extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances; and
(3) authority to issue: (A) search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation; and
(B) seizure warrants for the purpose of securing, removing, or demolishing the offending property and removing the debris from the premises.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.485 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1093, § 1, eff. Sept. 1, 2001.
§ 30.00006. JUDGE. (a) A municipal court of record is presided over by one or more municipal judges.
(b) The governing body shall by ordinance appoint its municipal judges. (c) A municipal judge must: (1) be a resident of this state; (2) be a citizen of the United States; (3) be a licensed attorney in good standing; and (4) have two or more years of experience in the practice of law in this state.
(d) The governing body shall provide by ordinance for the term of office of its municipal judges. The term must be for a definite term of two or four years.
(e) The municipal judge shall take judicial notice of state law and the ordinances and corporate limits of the municipality. The judge may grant writs of mandamus, attachment, and other writs necessary to the enforcement of the jurisdiction of the court and may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the court. A municipal judge is a magistrate and may issue administrative search warrants.
(f) The municipal judges within a municipality may exchange benches and act for each other in any proceeding pending in the courts. An act performed by any of the judges is binding on all parties to the proceeding.
(g) A person may not serve as a municipal judge if the person is employed by the same municipality. A municipal judge who accepts employment with the municipality vacates the judicial office.
(h) The governing body shall determine the salary of a municipal judge. The amount of a judge's salary may not be diminished during the judge's term of office. The salary may not be based directly or indirectly on fines, fees, or costs collected by the court.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.486 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00007. PRESIDING JUDGE. (a) If there is more than one municipal judge in the municipality, the governing body of the municipality shall appoint one of the judges as the presiding judge.
(b) The presiding judge shall: (1) maintain a central docket for cases filed within the territorial limits of the municipality over which the municipal courts of record have jurisdiction;
(2) provide for the distribution of cases from the central docket to the individual municipal judges to equalize the distribution of business in the courts;
(3) request the jurors needed for cases that are set for trial by jury; (4) temporarily assign judges or substitute judges to exchange benches and to act for each other in a proceeding pending in a court if necessary for the expeditious disposition of business in the courts; and
(5) supervise and control the operation and clerical functions of the administrative department of each court, including the court's personnel, during the proceedings of the court.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.486 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Redesignated from § 30.00006(d), (e) by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00008. VACANCIES: TEMPORARY REPLACEMENT. (a) If a vacancy occurs in the office of municipal judge of a court of record, the governing body shall by ordinance or charter provide for the appointment of a qualified person to fill the office for the remainder of the unexpired term.
(b) The governing body may appoint one or more qualified persons to be available to serve for a municipal judge who is temporarily absent due to illness, family death, continuing legal or judicial education programs, or any other reason. The presiding judge, or the municipal judge if there is no presiding judge, shall select one of the qualified persons appointed by the governing body to serve during the absence of a municipal judge. The substitute judge, while serving as a municipal judge, has all the powers and shall discharge all the duties of a municipal judge. A substitute judge must meet the qualifications prescribed for the municipal judge.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Amended by Acts 1989, 71st Leg., ch. 1248, § 34, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 30.487 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from § 30.00007 and amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.000085. REMOVAL OF JUDGE. A municipal judge of a general law municipality may be removed from office at any time for the reasons stated and by the procedure provided for the removal of members of a municipal governing body in Subchapter B, Chapter 21, Local Government Code. A municipal judge of a home-rule municipality may be removed from office by the governing body for the reasons stated and by the procedures provided for the removal of judges in the charter of the municipality or, if the charter does not provide for the removal of judges, as provided by Section 1-a, Article V, Texas Constitution, or by the procedure provided for the removal of members of a municipal governing body in Subchapter B, Chapter 21, Local Government Code.
Added by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 402, § 19, eff. Sept. 1, 2001.
§ 30.00009. CLERK; OTHER PERSONNEL. (a) The governing body shall by ordinance provide for the appointment of a clerk of the municipal courts of record. The municipal clerk shall keep the records of the municipal courts of record, issue process, and generally perform the duties that a clerk of a county court at law exercising criminal jurisdiction performs for that court. In addition, the clerk shall maintain an index of all court judgments in the same manner as county clerks are required by law to prepare for criminal cases arising in county courts.
(b) The governing body may provide deputy clerks, warrant officers, and other personnel as needed for the proper operation of the courts.
(c) The clerk and other court personnel perform their duties under the direction and control of the presiding judge.
(d) The governing body shall by ordinance provide for the hiring, direction, supervision, and removal of the personnel authorized in the annual budget for the clerk's office.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.488 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code § 30.00008 and amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00010. COURT REPORTER. (a) The municipality shall provide a court reporter to preserve a record in cases tried before a municipal court of record. The court reporter must meet the qualifications provided by law for official court reporters. The reporter shall be compensated by the municipality in the manner determined by the governing body.
(b) The court reporter may use written notes, transcribing equipment, video or audio recording equipment, or a combination of those methods to record the proceedings of the court. The reporter shall keep the record for the 20-day period beginning the day after the last day of the proceeding, trial, or denial of motion for new trial, or until any appeal is final, whichever occurs last.
(c) The court reporter is not required to record testimony in a case unless the judge or one of the parties requests a record.
(d) Instead of providing a court reporter, the governing body may provide that the proceedings may be recorded by a good quality electronic recording device. If the governing body authorizes the electronic recording, the court reporter is not required to be present to certify the reporter's record. The recording shall be kept for the 20-day period beginning the day after the last day of the court proceeding, trial, or denial of motion for new trial, whichever occurs last. If a case is appealed, the proceedings shall be transcribed from the recording by an official court reporter.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.489 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code § 30.00009 and amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 37, § 1, eff. May 9, 2005.
§ 30.00011. PROSECUTIONS. All prosecutions in municipal courts of record shall be conducted as provided by Article 45.03, Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.490 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code § 30.00010 and amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00012. COURT FACILITIES. The governing body shall provide courtrooms, jury rooms, offices, office furniture, libraries, law books, and other facilities and supplies that the governing body determines are necessary for the proper operation of the municipal courts of record.
Added by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.000125. SEAL. (a) The governing body shall provide each municipal court of record with a seal.
(b) The seal's appearance and use must substantially conform to Article 45.02, Code of Criminal Procedure, but must include the phrase "Municipal Court of/in __________, Texas."
Added by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.000126. COMPLAINT; PLEADING. Complaints and pleadings must substantially conform to the relevant provisions of Chapters 27 and 45, Code of Criminal Procedure.
Added by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00013. JURY. (a) Ordinances, rules, and procedures concerning a trial by a jury, including the summoning of jurors, must substantially conform to Chapter 45, Code of Criminal Procedure.
(b) The presiding judge, the municipal court clerk, or the court administrator, as determined by ordinance, shall supervise the selection of persons for jury service.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.492 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code § 30.00012 and amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00014. APPEAL. (a) A defendant has the right of appeal from a judgment or conviction in a municipal court of record. The state has the right to appeal as provided by Article 44.01, Code of Criminal Procedure. The county criminal courts or county criminal courts of appeal in the county in which the municipality is located or the municipal courts of appeal have jurisdiction of appeals from a municipal court of record. If there is no county criminal court, county criminal court of appeal, or municipal court of appeal, the county courts at law have jurisdiction of an appeal.
(b) The appellate court shall determine each appeal from a municipal court of record conviction and each appeal from the state on the basis of the errors that are set forth in the appellant's motion for new trial and that are presented in the clerk's record and reporter's record prepared from the proceedings leading to the conviction or appeal. An appeal from the municipal court of record may not be by trial de novo.
(c) To perfect an appeal, the appellant must file a written motion for new trial with the municipal clerk not later than the 10th day after the date on which judgment is rendered. The motion must set forth the points of error of which the appellant complains. The motion or an amended motion may be amended by leave of court at any time before action on the motion is taken, but not later than the 20th day after the date on which the original or amended motion is filed. The court may for good cause extend the time for filing or amending, but the extension may not exceed 90 days from the original filing deadline. If the court does not act on the motion before the expiration of the 30 days allowed for determination of the motion, the original or amended motion is overruled by operation of law.
(d) To perfect an appeal, the appellant must also give notice of the appeal. If the appellant requests a hearing on the motion for new trial, the appellant may give the notice of appeal orally in open court on the overruling of the motion. If there is no hearing, the appellant must give a written notice of appeal and must file the notice with the court not later than the 10th day after the date on which the motion is overruled. The court may for good cause extend that time period, but the extension may not exceed 90 days from the original filing deadline.
(e) If the defendant is in custody, the appeal is perfected when the notice of appeal is given as provided by Article 44.13, Code of Criminal Procedure.
(f) A municipality shall by ordinance establish a fee for the preparation of the clerk's record in the amount of $25. The preparation fee does not include the fee for an actual transcription of the proceedings. The clerk shall note the payment of the fee on the docket of the court. If the case is reversed on appeal, the fee shall be refunded to the defendant.
(g) The defendant shall pay the fee for the preparation of the clerk's record and the fee for an actual transcription of the proceedings.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.493 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code § 30.00013 and amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 37, § 2, eff. May 9, 2005.
§ 30.00015. APPEAL BOND. (a) If the defendant is not in custody, the defendant may not take an appeal until the defendant files an appeal bond with the municipal court of record. The bond must be approved by the court and must be filed not later than the 10th day after the date on which the motion for new trial is overruled. If the defendant is in custody, the defendant shall be committed to jail unless the defendant posts the appeal bond.
(b) The appeal bond must be in the amount of $100 or double the amount of the fines and costs adjudged against the defendant, whichever is greater.
(c) The bond must: (1) state that the defendant was convicted in the case and has appealed; and
(2) be conditioned on the defendant's immediate and daily personal appearance in the court to which the appeal is taken.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.494 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code § 30.00014 and amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00016. RECORD ON APPEAL. The record on appeal must substantially conform to the provisions relating to the preparation of a record on appeal in the Texas Rules of Appellate Procedure and the Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.495 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code § 30.00015 and amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00017. CLERK'S RECORD. The clerk's record must substantially conform to the provisions relating to the preparation of a clerk's record in the Texas Rules of Appellate Procedure and the Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.496 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code § 30.00016 and amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 37, § 3, eff. May 9, 2005.
§ 30.00018. BILLS OF EXCEPTION. Bills of exception must substantially conform to the provisions relating to the preparation of bills of exception in the Texas Rules of Appellate Procedure and the Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.497 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code § 30.00017 and amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00019. REPORTER'S RECORD. (a) A reporter's record included in the record on appeal must substantially conform to the provisions relating to the preparation of a reporter's record in the Texas Rules of Appellate Procedure and the Code of Criminal Procedure.
(b) The appellant shall pay for the reporter's record.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.498 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code § 30.00018 and amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 37, § 4, eff. May 9, 2005.
§ 30.00020. TRANSFER OF RECORD. (a) Not later than the 60th day after the date on which the notice of appeal is given or filed, the parties must file with the municipal clerk:
(1) the reporter's record; (2) a written description of material to be included in the clerk's record in addition to the required material; and
(3) any material to be included in the clerk's record that is not in the custody of the clerk.
(b) On completion of the record, the municipal judge shall approve the record in the manner provided for record completion, approval, and notification in the court of appeals.
(c) After the court approves the record, the clerk shall promptly send the record to the appellate court clerk for filing. The appellate court clerk shall notify the defendant and the prosecuting attorney that the record has been filed.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.499 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code § 30.00019 and amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 37, § 5, eff. May 9, 2005.
§ 30.00021. BRIEF ON APPEAL. (a) An appellant's brief on appeal from a municipal court of record must present points of error in the manner required by law for a brief on appeal to the court of appeals.
(b) The appellant must file the brief with the appellate court clerk not later than the 15th day after the date on which the clerk's record and reporter's record are filed with that clerk. The appellant or the appellant's attorney must certify that the brief has been properly mailed to the appellee.
(c) The appellee must file the appellee's brief with the appellate court clerk not later than the 15th day after the date on which the appellant's brief is filed.
(d) Each party, on filing the party's brief with the appellate court clerk, shall deliver a copy of the brief to the opposing party and to the municipal judge.
(e) The record and the briefs on appeal shall be limited as far as possible to the questions relied on for reversal.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.500 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code § 30.00020 and amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 37, § 6, eff. May 9, 2005.
§ 30.00022. NEW TRIAL. The trial court shall decide from the briefs of the parties whether the appellant should be permitted to withdraw the notice of appeal and be granted a new trial by the court. The court may grant a new trial at any time before the record is filed with the appellate court.
Added by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00023. COURT RULES. (a) Except as modified by this subchapter, the Code of Criminal Procedure and the Texas Rules of Appellate Procedure govern the trial of cases before the municipal courts of record. The courts may make and enforce all rules of practice and procedure necessary to expedite the trial of cases before the courts that are not inconsistent with law.
(b) The appellate courts may make and enforce all rules of practice and procedure that are not inconsistent with law and that are necessary to expedite the dispatch of appeals from the municipal courts of record.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.501 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code § 30.00021 and amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00024. DISPOSITION ON APPEAL. (a) According to the law and the nature of the case, the appellate court may:
(1) affirm the judgment of the municipal court of record; (2) reverse and remand for a new trial; (3) reverse and dismiss the case; or (4) reform and correct the judgment. (b) Unless the matter was made an issue in the trial court or it affirmatively appears to the contrary from the clerk's record or reporter's record, the appellate court shall presume that:
(1) venue was proven in the trial court; (2) the jury, if any, was properly impaneled and sworn; (3) the defendant was arraigned and pleaded to the complaint; and (4) the municipal judge certified the charge before it was read to the jury.
(c) In each case decided by the appellate court, the court shall deliver a written opinion or order either sustaining or overruling each assignment of error presented. The court shall set forth the reasons for its decision. The appellate court clerk shall mail copies of the decision to the parties and to the municipal judge as soon as the decision is rendered.
(d) The appellate court may determine the rules for oral argument. The parties may submit the case on the record and briefs without oral argument.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.502 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code § 30.00022 and amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 37, § 7, eff. May 9, 2005.
§ 30.00025. CERTIFICATE OF APPELLATE PROCEEDINGS. (a) When the judgment of the appellate court becomes final, the clerk of that court shall certify the proceedings and the judgment and shall mail the certificate to the municipal clerk. The municipal clerk shall file the certificate with the papers in the case and note the certificate on the case docket.
(b) If the municipal court of record judgment is affirmed, to enforce the judgment the court may:
(1) forfeit the bond of the defendant; (2) issue a writ of capias for the defendant; (3) issue an execution against the defendant's property; (4) order a refund for the defendant's costs; or (5) conduct an indigency hearing at the court's discretion.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.503 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code § 30.00023 and amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00026. EFFECT OF ORDER OF NEW TRIAL. If the appellate court awards a new trial to the appellant, the case stands as if a new trial had been granted by the municipal court of record.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.504 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code § 30.00024 and amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00027. APPEALS TO COURT OF APPEALS. (a) The appellant has the right to appeal to the court of appeals if the fine assessed against the defendant exceeds $100 and if the judgment is affirmed by the appellate court.
(b) The provisions of the Code of Criminal Procedure relating to direct appeals from a county or a district court to the court of appeals apply to the appeal, except that:
(1) the record and briefs on appeal in the appellate court constitute the record and briefs on appeal to the court of appeals unless the rules of the court of criminal appeals provide otherwise; and
(2) the record and briefs shall be filed directly with the court of appeals.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.505 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code § 30.00025 and amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
SUBCHAPTER B. LUBBOCK
§ 30.00041. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Lubbock.
(b) In this subchapter, "appellate courts" means the county courts at law of Lubbock County that have criminal appellate jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code § 30.001 by Acts 1997, 75th Leg., ch. 165, § 8.03, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 2, eff. Sept. 1, 1999.
§ 30.00044. JUDGE. (a) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(1), eff. Sept. 1, 1999.
(b) A municipal judge is elected by the qualified voters of the city for a term of four years.
(c) A municipal judge must be a licensed attorney in good standing, must have practiced law in this state for five years, and must be a citizen of the United States and of this state. The judge must satisfy the residency requirements pertaining to a member of the city council. A person may not serve as a municipal judge while the person holds other office or employment with the city government. A municipal judge who takes such an office or employment vacates the judicial office.
(d) to (i) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(1), eff. Sept. 1, 1999.
(j) A municipal judge shall comply with the financial statement requirements under Chapter 572.
(k) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(1), eff. Sept. 1, 1999.
(l) Section 30.00007(b)(5) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 1248, § 27, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 76, § 5.95(40), eff. Sept. 1, 1995. Renumbered from V.T.C.A., Government Code § 30.004 by Acts 1997, 75th Leg., ch. 165, § 8.03, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 3, 139(1), eff. Sept. 1, 1999.
§ 30.00046. COURT REPORTER. (a), (b) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(1), eff. Sept. 1, 1999.
(c) Section 30.00010(d) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code § 30.006 by Acts 1997, 75th Leg., ch. 165, § 8.03, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 4, 139(1), eff. Sept. 1, 1999.
§ 30.00049. COMPLAINT; PROSECUTION; PLEADING. (a) A proceeding in a municipal court of record commences with a complaint. The complaint must begin "In the name and by the authority of the State of Texas" and must conclude "Against the peace and dignity of the State." If the offense is only covered by an ordinance, it may also conclude "Contrary to the said ordinance."
(b) A complaint before the court may be sworn to before an officer authorized to administer oaths or before the municipal judge, clerk, city secretary, or city attorney, or the assistant or deputy of the judge, clerk, city secretary, or city attorney, each of whom may administer oaths for that purpose.
(c) A complaint must be in writing and must state: (1) the name of the accused, if known; (2) an accurate description of the accused, if the name is unknown; (3) in plain and intelligible words, the offense with which the accused is charged;
(4) the place where the offense was committed, which must appear to be within the jurisdiction of the court; and
(5) the date on which the offense was committed, which must show that the offense is not barred by limitations.
(d) A prosecution in a court shall be conducted by the city attorney or an assistant or deputy city attorney.
(e) All pleadings must be in writing and must be filed with the clerk.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code § 30.009 by Acts 1997, 75th Leg., ch. 165, § 8.03, eff. Sept. 1, 1997.
SUBCHAPTER C. IRVING
§ 30.00081. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Irving.
(b) In this subchapter, "appellate courts" means the county criminal courts of Dallas County that have criminal appellate jurisdiction.
Added by Acts 1995, 74th Leg., ch. 477, § 1, eff. June 12, 1995. Renumbered from V.T.C.A., Government Code, § 30.0241 by Acts 1997, 75th Leg., ch. 165, § 8.05, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 5, eff. Sept. 1, 1999.
§ 30.00084. JUDGE. (a) to (g) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(2), eff. Sept. 1, 1999.
(h) In addition to exercising powers under Section 30.00006, a municipal judge, with the approval of all parties, may order a defendant and the victim or complainant in a case before the municipal court to engage in mediation or alternative dispute resolution. The city shall provide mediation services and pay all costs of those services.
(i) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(2), eff. Sept. 1, 1999.
(j) Sections 30.00007(b)(1), (2), (3), and (5) do not apply to this subchapter.
Added by Acts 1995, 74th Leg., ch. 477, § 1, eff. June 12, 1995. Renumbered from V.T.C.A., Government Code, § 30.0244 by Acts 1997, 75th Leg., ch. 165, § 8.05, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 6, 139(2), eff. Sept. 1, 1999.
§ 30.00085. CLERK; OTHER PERSONNEL. (a) The city manager of the city may appoint a clerk of the municipal court of record who may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this subchapter.
Added by Acts 1995, 74th Leg., ch. 477, § 1, eff. June 12, 1995. Renumbered from V.T.C.A., Government Code, § 30.0245 by Acts 1997, 75th Leg., ch. 165, § 8.05, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 7, eff. Sept. 1, 1999.
§ 30.00086. COURT REPORTER. (a) The clerk of the court shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(2), eff. Sept. 1, 1999.
Added by Acts 1995, 74th Leg., ch. 477, § 1, eff. June 12, 1995. Renumbered from V.T.C.A., Government Code, § 30.0246 by Acts 1997, 75th Leg., ch. 165, § 8.05, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 8, 139(2), eff. Sept. 1, 1999.
SUBCHAPTER D. EL PASO
§ 30.00121. SHORT TITLE; APPLICATION. (a) This subchapter may be cited as the El Paso Courts Act.
(b) This subchapter applies to the City of El Paso.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.031 by Acts 1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00122. DEFINITION. In this subchapter, "appellate court" means the El Paso Municipal Court of Appeals.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.032 by Acts 1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00123. MARRIAGE CEREMONIES. The judge of the appellate court and each municipal judge may conduct marriage ceremonies in the city.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.033 by Acts 1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00128. JUDGE. (a) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(3), eff. Sept. 1, 1999.
(b) A municipal judge is elected by the qualified voters of the city for a term of two years unless the city by charter amendment provides for a four-year term as provided by Article XI, Section 11, of the Texas Constitution.
(c), (d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(3), eff. Sept. 1, 1999.
(e) The municipal judges shall select by a majority vote of those judges a presiding judge of the municipal courts of record.
(f) The presiding municipal judge may, when necessary for the expeditious disposition of the business of the courts and with the approval of the governing body of the city, divide a municipal court of record into one or more divisions. A division is presided over by an associate municipal judge. A division has concurrent jurisdiction with the other divisions and municipal courts of record. Divisions of the courts may be in concurrent and continuous session, either day or night, at the discretion of the presiding judge. The presiding judge may assign and transfer any case pending in any of the courts or divisions to any other of the courts or divisions. The presiding judge may direct the manner in which cases are filed and docketed. He may assign a case or proceeding pending in any of the courts to the judge of another court or division. He may assign the judge of any of the courts or divisions to try a case or hear a proceeding pending in another court or division.
(g) In addition to complying with Section 30.00006(h), the salary of the presiding judge must be set at an amount that is at least 20 percent more than the salary of the regular municipal judges.
(h) to (k) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(3), eff. Sept. 1, 1999.
(l) Section 30.00007(b) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.038 by Acts 1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 9, 139(3), eff. Sept. 1, 1999.
§ 30.00129. COURT CLERK; OTHER PERSONNEL. In addition to satisfying the requirements of Section 30.00009, the governing body of the city shall provide a clerk of the municipal courts of record, deputy clerks, and other municipal court personnel, including at least one bailiff for each court, as necessary for the proper operation of the municipal courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.039 by Acts 1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 10, eff. Sept. 1, 1999.
§ 30.00130. COURT REPORTER; USE OF CLERK'S RECORDS. (a) To preserve a record in cases tried before the municipal courts of record, the city shall provide a court reporter. The governing body of the city shall determine the qualifications and compensation of the court reporter.
(b) The court reporter may preserve the record of proceedings by written notes, transcribing equipment, recording equipment, or any combination of those methods. The court reporter is not required to take or record testimony in a case in which neither the defendant, the prosecutor, nor the judge demands it.
(c) Testimony, exhibits, and evidence given by a witness in a proceeding in a municipal court of record are solely for the purposes of that proceeding or an appeal from that proceeding, and in any civil proceeding, evidence relating to the testimony, exhibits, evidence, or reproductions of testimony, exhibits, or evidence is privileged and not admissible except for impeachment purposes.
(d) Repealed by Acts 2003, 78th Leg., ch. 1263, § 1.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.040 by Acts 1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 11, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1263, § 1, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 37, § 8, eff. May 9, 2005.
§ 30.00136. CONTINUATION OF MUNICIPAL COURT OF APPEALS. (a) The El Paso Municipal Court of Appeals continues in existence as long as a municipal court of record exists in the city.
(b) If the municipal court of record ordinance is repealed, the appellate court continues in existence as long as there are appeals before it. A reversal and remand for new trial or other order returning a case to the trial court shall be to the municipal court that replaces the municipal courts of record.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.046 by Acts 1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00137. APPELLATE COURT JURISDICTION. (a) The appellate court has exclusive jurisdiction over all appeals from the municipal courts of record of the city. The county courts at law of El Paso County have no jurisdiction over appeals from municipal courts.
(b) The appellate court and the judge of that court have the power in criminal law matters to issue to the municipal courts and judges of those courts the writs of mandamus, procedendo, prohibition, injunction, and other writs necessary to protect the appellate court's jurisdiction or enforce its judgments.
(c) The appellate court has the power on affidavit or otherwise to ascertain matters of fact necessary to the exercise of its jurisdiction.
(d) The judge of the appellate court is a magistrate within the meaning of the Code of Criminal Procedure, 1965.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.047 by Acts 1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00138. TERM OF COURT. The appellate court may sit for the transaction of business at any time during the year, and each term begins and ends with the calendar year. The appellate court may use the city council chambers or other appropriate location as its courtroom for argument of cases and other court matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.048 by Acts 1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00139. APPELLATE COURT CLERK. In addition to other duties, the city clerk serves as the appellate court clerk.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.049 by Acts 1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00140. APPELLATE COURT JUDGE. (a) The appellate judge shall be elected by the qualified voters of the city for a term of two years, unless the city by charter amendment provides for a four-year term as provided by Article XI, Section 11, of the Texas Constitution. The appellate judge must be a citizen of the United States and of this state and must have been a practicing attorney of this state for at least five years immediately preceding his election or appointment.
(b) A vacancy in the appellate court shall be filled by appointment by the governing body of the city. The appointee serves until the next regular municipal election, and at that election the vacancy for the unexpired or full term shall be filled by election by the qualified voters of the city.
(c) The appellate judge shall take the oath of office required for a municipal judge.
(d) An appointed or elected appellate judge may not be removed from office except in the same manner and for the same causes as provided by law for county judges and as provided by Article V, Section 1-a, of the Texas Constitution.
(e) The appellate judge is entitled to compensation from the city as set by the governing body of the city. The judge's compensation may not be diminished but may be increased during his term of office.
(f) The city shall provide the appellate court with necessary clerical help. The appellate judge and the city may agree that the judge will provide for his own clerical help, and in that event the judge is entitled to additional reasonable compensation by agreement with the city.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.050 by Acts 1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00141. APPELLATE COURT SEAL. The seal of the appellate court is the same as that provided by law for municipal courts of record, except that the seal must contain the words "Municipal Court of Appeals of the City of El Paso," and the seal shall be judicially noticed.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.051 by Acts 1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00142. SPECIAL APPELLATE JUDGE. (a) If the appellate judge is unable to act, the governing body of the city may appoint a person, or the appellant and the city attorney in a particular case may agree on a person, to serve as the special appellate judge. The special appellate judge has the powers and duties of the office and is entitled to receive the same compensation as the regular appellate judge for serving as a special appellate judge.
(b) A municipal judge or associate municipal judge may not be appointed or selected as a special appellate judge.
(c) Except as provided by Subsection (d), an appointment of a special appellate judge automatically terminates when the regular appellate judge returns to duty.
(d) If an appellate judge is disqualified from hearing a particular case, the governing body of the city may appoint a person, or the appellant and the city attorney may agree on a person, to serve as the special appellate judge. A special appellate judge appointed or selected under this subsection is entitled to receive the same daily compensation as the regular appellate judge for each day he works on the case he was appointed or selected to hear. An appointment automatically terminates at the time the mandate or mandates issue in the case he was appointed to hear.
(e) A special appellate judge must have the qualifications required of the regular appellate judge and shall, before he begins serving as a special appellate judge, take the oath of office required for a municipal judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.052 by Acts 1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00143. RULES. The appellate judge may make and publish rules of appellate criminal procedure not inconsistent with this subchapter or other law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.053 by Acts 1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00144. NEW TRIAL. (a) A motion for new trial is not necessary to authorize an appeal.
(b) If a motion for new trial is made, it must be filed not later than the 10th day after the date of the rendition of the judgment of conviction.
(c) One or more amended motions for new trial may be filed without leave of court before any preceding motion for new trial filed by the movant is overruled if the motion is filed not later than 15 days after the date of the rendition of the judgment of conviction.
(d) If an original or amended motion for new trial is not determined by written order signed not later than 30 days after the date of the rendition of the judgment of conviction, the motion is overruled by operation of law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.054 by Acts 1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 12, eff. Sept. 1, 1999.
§ 30.00145. RIGHT OF APPEAL. (a) A defendant has the right of appeal from a judgment of conviction in the municipal court of record under the rules prescribed by this subchapter. The state has the right of appeal as provided by Article 44.01, Code of Criminal Procedure. The El Paso Municipal Court of Appeals has jurisdiction over appeals from the municipal courts of record, and all appeals from convictions in the municipal court of record must be prosecuted in the appellate court, the court of appeals, or the court of criminal appeals by the city attorney or an assistant city attorney.
(b) Section 30.00014 does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.055 by Acts 1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 13, eff. Sept. 1, 1999.
§ 30.00146. NO DE NOVO APPEALS. An appeal from the municipal court of record may not be taken to a trial de novo in the appellate court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.056 by Acts 1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00147. PERFECTING APPEAL. (a) A defendant, as a condition of perfecting an appeal to the appellate court, must file an appeal bond, unless the defendant is in custody. An appeal may be perfected by timely filing with the municipal court clerk an appeal bond that meets the requirements of Subchapter A. It is not necessary to file a notice of appeal. If the defendant is in custody, the appeal is perfected when notice of appeal is given as provided by Article 44.13, Code of Criminal Procedure.
(b) At the same time the defendant files the appeal bond, the defendant must pay to the municipal court clerk a $25 appellate court docket fee. The clerk collects the fee on behalf of the appellate court.
(c) The appeal bond must be filed not later than the 10th day after overruling of the motion or amended motion for new trial, or if there is no motion or amended motion for new trial, not later than the 10th day after the rendition of the judgment of conviction.
(d) For good cause shown, not later than the 100th day after the date of rendition of the judgment of conviction, the appellate court or the court of appeals may permit the filing of an appeal bond or the giving of notice of appeal in the municipal court of record even though the time limits set under this section have expired.
(e) Except for the limitation contained in Subsection (d), the appellate court may, for good cause shown, extend any time limits set in this subchapter for the appellate process.
(f) In a case in which an appellant or the prosecutor files a motion in the appellate court, the opposite party shall be given an opportunity to answer the motion under time limits and conditions set by the appellate court rules.
(g) The appellate court shall waive the $25 appellate court docket fee if the appellate court finds after hearing that the defendant is unable to pay the fee. The defendant must file and personally sign an affidavit that he is unable to pay. The defendant must file the affidavit not later than the 10th day after the record on appeal is filed in the appellate court. The affidavit of inability to pay must contain reasonable information as the appellate court may require by rules. The prosecutor may controvert, under time limits and conditions set by the appellate court rules, the affidavit of inability to pay the docket fee and may call the appellant as a witness on that issue.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.057 by Acts 1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 14, eff. Sept. 1, 1999.
§ 30.00162. DISPOSITION ON APPEAL; PRESUMPTIONS; DECISION. (a) The appellate court may:
(1) affirm the judgment of the municipal court of record; (2) reverse and remand for a new trial; (3) reverse and dismiss the case; (4) reform and correct the judgment; (5) abate the appeal or dismiss the appeal; or (6) enter any other appropriate order, as the law and the nature of the case require.
(b) Unless the following matters were made an issue in the trial court or it affirmatively appears to the contrary from the clerk's record or reporter's record, the appellate court shall presume that:
(1) venue was proven in the court below; (2) the jury was properly impaneled and sworn; (3) the defendant was arraigned; (4) the defendant pleaded to the complaint; and (5) the court's charge was certified by the municipal court judge before it was read to the jury.
(c) In each case decided by the appellate court, the court shall deliver a written opinion or order either sustaining or overruling each assignment of error presented and a judgment shall be entered on the opinion or order. If an assignment of error is overruled, no reason need be given by the appellate court, but cases relied on by the court may be cited. If an assignment of error is sustained, the appellate court shall set forth the reasons for the decision and precedent if it exists. The appellate court clerk shall mail copies of the decision and judgment of the appellate court to the parties and to the municipal court clerk as soon as the decision is rendered by the appellate court.
(d) After the decision of the appellate court is delivered, a party desiring a rehearing must present, not later than the 10th day after the date the decision is delivered, to the court a motion for rehearing. The motion must distinctly specify the grounds relied on for rehearing and must be accompanied by written argument in behalf of the motion. Oral argument in support of the motion is not permitted. A reply to a motion for rehearing need not be filed unless requested by the court. If a motion for rehearing is granted, the court may make final disposition of the case without reargument, may order the case resubmitted, with or without oral argument, or may issue other orders appropriate under the circumstances of the particular case. A second motion for rehearing may not be filed by the losing party unless permitted by appellate court rules.
(e) Immediately after a decision of the appellate court becomes final, the clerk of that court shall issue a mandate and a bill of costs in the case to the trial court unless directed to withhold the mandate by the appellate court.
(f) If a decision of the appellate court is appealed to a court of appeals, the appellate court on receipt of the mandate or other order from the court of appeals shall immediately comply with the order or mandate by issuing its own order or mandate and bill of costs, as the case may be. When a decision of a court of appeals becomes final, the clerk of that court shall issue a mandate in the case to the appellate court. A decision of a court of appeals is final as provided by Article 42.045, Code of Criminal Procedure, 1965.
(g) Original papers transmitted as the record on appeal to the court of appeals, on final disposition of the case in the court of appeals or the court of criminal appeals, shall be returned to the court clerk from which they were received. The clerk of each court shall preserve copies of briefs and papers originally filed in that court.
(h) The municipal court clerk and the appellate court clerk shall keep a copy of each decision of the appellate court in a volume or volumes with an index so that the public can inspect the decisions of the appellate court without the necessity of inspecting individual records of each case.
(i) When the mandate of the appellate court is received by the municipal court clerk, the clerk shall file it with the papers in the case and note it on the docket. If the judgment has been affirmed or the appeal is dismissed, a proceeding is not necessary after filing the appellate court mandate in the municipal court of record to enforce the judgment of the court, except to forfeit the bond of the defendant, to issue a capias for the defendant, or to issue an execution against the defendant's property.
(j) If the appellate court awards a new trial to the defendant, the cause stands as if a new trial had been granted by the municipal court of record, and the defendant shall continue on his appeal bond and shall appear for trial on notification mailed to his address on the appeal bond.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 167, § 5.02(3), eff. Sept. 1, 1987. Renumbered from V.T.C.A., Government Code, § 30.072 by Acts 1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997; Acts 2005, 79th Leg., ch. 37, § 9, eff. May 9, 2005.
§ 30.00164. ALTERNATE APPELLATE PROCEDURE. (a) If the El Paso Municipal Court of Appeals created by this subchapter is held unconstitutional or invalid, all appeals under this subchapter shall be considered as taken to the county courts at law of El Paso County. Those appeals shall be docketed as provided by county court at law rules. The county courts at law of El Paso County have jurisdiction over those appeals and this subchapter applies to those appeals. One county court at law of El Paso County shall act as the appellate court. That court shall be designated from time to time as the appellate court by the majority vote of the judges of the county courts at law of El Paso County. All appeals pending in the appellate court on the date that any decision becomes final holding the municipal court of appeals unconstitutional or invalid shall be transferred by the appellate court to the county courts at law of El Paso County, and all decisions of the appellate court that have become final on or before that date are valid.
(b) If appeals are taken to the county courts at law of El Paso County under Subsection (a), a reference to "appellate court" in this subchapter means the county court at law of El Paso County that is designated as the appellate court under this section, except that a provision of this subchapter that is inconsistent with the laws, statutes, and rules applicable to creation and organization of the county courts at law of El Paso County will not apply, and an appeal is not tried de novo in the county court at law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.074 by Acts 1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
SUBCHAPTER E. KENNEDALE
§ 30.00181. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Kennedale.
(b) In this subchapter, "appellate courts" means the county criminal courts of Tarrant County that have criminal appellate jurisdiction.
Added by Acts 1995, 74th Leg., ch. 180, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.0761 by Acts 1997, 75th Leg., ch. 165, § 8.07, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 15, eff. Sept. 1, 1999.
§ 30.00184. JUDGE. (a) to (j) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(4), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply to this subchapter.
Added by Acts 1995, 74th Leg., ch. 180, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.0764 by Acts 1997, 75th Leg., ch. 165, § 8.07, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 16, 139(4), eff. Sept. 1, 1999.
§ 30.001845. MAGISTRATES. (a) The governing body may appoint one or more magistrates in addition to magistrates provided under Article 2.09, Code of Criminal Procedure.
(b) A magistrate does not have to possess all the qualifications necessary to be a municipal court of record judge.
(c) A magistrate may not preside over the court or hear contested cases. (d) A magistrate may: (1) conduct an arraignment; (2) hold an indigency hearing; (3) accept a plea; (4) sign a judgment; (5) set the amount of a bond; and (6) perform other functions under Article 15.17, Code of Criminal Procedure.
Added by Acts 2005, 79th Leg., ch. 569, § 1, eff. June 17, 2005.
§ 30.00185. CLERK; OTHER PERSONNEL. (a) The city manager or city administrator of the city shall appoint a clerk of the municipal court of record who may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this subchapter.
Added by Acts 1995, 74th Leg., ch. 180, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.0765 by Acts 1997, 75th Leg., ch. 165, § 8.07, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 17, eff. Sept. 1, 1999.
§ 30.00186. COURT REPORTER. (a) The clerk of the court shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(4), eff. Sept. 1, 1999.
Added by Acts 1995, 74th Leg., ch. 180, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.0766 by Acts 1997, 75th Leg., ch. 165, § 8.07, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 18, 139(4), eff. Sept. 1, 1999.
SUBCHAPTER F. SAN ANTONIO
§ 30.00221. APPLICATION; DEFINITION. (a) This subchapter applies to the City of San Antonio.
(b) In this subchapter, "appellate courts" means the county courts at law of Bexar County that have criminal appellate jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.081 by Acts 1997, 75th Leg., ch. 165, § 8.08, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 19, eff. Sept. 1, 1999.
§ 30.00224. JUDGE. (a), (b) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(5), eff. Sept. 1, 1999.
(c) In addition to satisfying the requirements of Section 30.00006(c), a municipal judge must have been a resident of the city for at least three years immediately preceding the judge's appointment.
(d) to (j) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(5), eff. Sept. 1, 1999.
(k) Section 30.00007(b)(5) does not apply to this subchapter. (l) In addition to the duties imposed under Sections 30.00007(b)(1)-(4), the presiding judge shall promulgate work rules for the administration of the municipal courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.37(a), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1248, § 28, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code, § 30.084 by Acts 1997, 75th Leg., ch. 165, § 8.08, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 691, § 20, 139(5), eff. Sept. 1, 1999.
§ 30.00225. CLERK; OTHER PERSONNEL. (a), (b) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(5), eff. Sept. 1, 1999.
(c) Sections 30.00009(c) and (d) do not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.38(a), eff. Sept. 1, 1987. Renumbered from V.T.C.A., Government Code, § 30.085 by Acts 1997, 75th Leg., ch. 165, § 8.08, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 21, eff. Sept. 1, 1999.
§ 30.00226. COURT REPORTER. (a) The city shall provide a court reporter for the purpose of preserving a record in cases tried before the municipal court of record. The person selected as court reporter must meet the qualifications provided by law for official court reporters. The chief administrative officer of the city shall set the compensation of the court reporter on the recommendation of the presiding municipal judge.
(b) The court reporter may preserve the record through written notes, transcribing equipment, recording equipment, or any combination of those methods. The reporter is not required to record testimony in a case in which neither the defendant, the prosecutor, nor the judge demands it.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.086 by Acts 1997, 75th Leg., ch. 165, § 8.08, eff. Sept. 1, 1997.
§ 30.00229. COMPLAINT; PROSECUTION; PLEADING. (a) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(5), eff. Sept. 1, 1999.
(e) All pleadings in a municipal court of record must be in writing and must be filed with the clerk.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.089 by Acts 1997, 75th Leg., ch. 165, § 8.08, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 139(5), eff. Sept. 1, 1999.
SUBCHAPTER G. MANSFIELD
§ 30.00261. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Mansfield.
(b) In this subchapter, "appellate courts" means the county criminal courts of Tarrant County that have criminal appellate jurisdiction.
Added by Acts 1995, 74th Leg., ch. 182, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.1041 by Acts 1997, 75th Leg., ch. 165, § 8.09, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 22, eff. Sept. 1, 1999.
§ 30.00264. JUDGE. (a) to (j) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(6), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply to this subchapter.
Added by Acts 1995, 74th Leg., ch. 182, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.1044 by Acts 1997, 75th Leg., ch. 165, § 8.09, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 23, 139(6), eff. Sept. 1, 1999.
§ 30.00265. MAGISTRATES. (a) The governing body may appoint one or more magistrates.
(b) A magistrate does not have to possess all the qualifications necessary to be a municipal court of record judge.
(c) A magistrate may not preside over the court or hear contested cases. (d) A magistrate may: (1) conduct an arraignment; (2) hold an indigency hearing; (3) accept a plea; (4) sign a judgment; (5) set the amount of a bond; and (6) perform other functions under Article 15.17, Code of Criminal Procedure.
Added by Acts 1995, 74th Leg., ch. 182, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.1045 by Acts 1997, 75th Leg., ch. 165, § 8.09, eff. Sept. 1, 1997.
§ 30.00266. CLERK; OTHER PERSONNEL. (a) The city manager of the city shall appoint a clerk of the municipal court of record who may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this subchapter.
Added by Acts 1995, 74th Leg., ch. 182, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.1046 by Acts 1997, 75th Leg., ch. 165, § 8.09, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 24, eff. Sept. 1, 1999.
§ 30.00267. COURT REPORTER. (a) The clerk of the court shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(6), eff. Sept. 1, 1999.
Added by Acts 1995, 74th Leg., ch. 182, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.1047 by Acts 1997, 75th Leg., ch. 165, § 8.09, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 25, 139(6), eff. Sept. 1, 1999.
SUBCHAPTER H. WICHITA FALLS
§ 30.00301. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Wichita Falls.
(b) In this subchapter, "appellate courts" means the county courts at law of Wichita County that have criminal appellate jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.111 by Acts 1997, 75th Leg., ch. 165, § 8.10, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 26, eff. Sept. 1, 1999.
§ 30.00304. JUDGE. (a) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(7), eff. Sept. 1, 1999.
(b) In addition to satisfying the requirements of Section 30.00006(c), a municipal judge must maintain residence in the city during the tenure of office but need not be a resident of the city at the time of the appointment. The judge may not engage in the private practice of law while in office. The judge must execute a bond and take the oath of office required of a county judge.
(c) to (h) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(7), eff. Sept. 1, 1999.
(i) Sections 30.00007(a) and (b)(5) do not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.114 by Acts 1997, 75th Leg., ch. 165, § 8.10, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 27, 139(7), eff. Sept. 1, 1999.
§ 30.00305. CLERK. (a) The city manager shall appoint a clerk of the municipal courts of record. The clerk holds office at the pleasure of the city manager and is subject to all city charter provisions, ordinances, and personnel policies relating to non-civil service city employees.
(b) Section 30.00009(c) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 83, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code, § 30.115 by Acts 1997, 75th Leg., ch. 165, § 8.10, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 691, § 28, eff. Sept. 1, 1999.
§ 30.00306. COURT REPORTER. (a) The city manager shall appoint an official court reporter under Section 30.00010 for the purpose of preserving a record in cases tried before the municipal courts of record. The reporter holds office at the pleasure of the city manager. The city manager may appoint more than one reporter for each court if necessary to dispose of the business of the court without delay. If a reporter is not demanded, a reporter's record may be prepared from mechanical, audio, or video recordings of the proceedings.
(b) Section 30.00010(d) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 83, § 2, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code, § 30.116 by Acts 1997, 75th Leg., ch. 165, § 8.10, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 691, § 29, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 37, § 10, eff. May 9, 2005.
§ 30.00308. CIVIL SERVICE ORDINANCE; VACATION OF COURT. (a) The judges, clerk and deputy clerks, and court reporters of the municipal courts are not classified employees under the city civil service ordinance. The governing body of the city may provide by ordinance that all other employees of the courts may be hired and paid as classified employees under the city civil service ordinance. The judges, clerk and deputy clerks, and court reporters are entitled to receive the same vacation, sick leave, and other benefits that are provided for other nonclassified employees under regulations provided by the governing body by ordinance and may be authorized or required by the governing body to participate in the city retirement program.
(b) If after the establishment of a municipal court of record the governing body finds by ordinance that the condition of the dockets of the other courts of the county does not require the existence of the court to dispose properly of the cases arising in the city, the governing body shall declare the offices of the municipal judge, clerk, court reporter, and other employees of the court to be vacated at the end of the term for which the judge was last appointed. Any case then pending shall be transferred to a court with proper jurisdiction of the offense.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.118 by Acts 1997, 75th Leg., ch. 165, § 8.10, eff. Sept. 1, 1997.
§ 30.00310. FILING OF ORIGINAL PAPERS.
Text of section as amended by Acts 1989, 71st Leg., ch. 1020, § 3
The clerk of the municipal courts of record shall file the original papers and proceedings in each case under the direction of the presiding judge. Instead of filing the original papers, papers may be preserved by microfilm or other process that correctly and legibly reproduces or that forms a medium for copying or reproducing. The filed or preserved papers constitute the records of the courts and a separate record book is not required. Preserved records are admissible in evidence in civil cases as provided by the Texas Rules of Evidence relating to the admissibility of contents of writing, recordings, and photographs. Records, however maintained, shall be destroyed by the court clerk after five years after final disposition of the case. Records, however maintained, relating to parking offenses shall be destroyed by the court clerk after two years after final disposition of the case.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 1020, § 3, eff. Sept. 1, 1989; renumbered from V.T.C.A., Government Code, § 30.120 by Acts 1997, 75th Leg., ch. 165, § 8.10, eff. Sept. 1, 1997.
For text of section as amended by Acts 1971, 71st Leg., ch. 1248, § 29, see § 30.00310, post.
§ 30.00310. FILING OF ORIGINAL PAPERS.
Text of section as amended by Acts 1989, 71st Leg., ch. 1248, § 29
(a) The clerk of the municipal courts of record shall file the original complaint and the original of other papers and proceedings in each case under the direction of the presiding judge. The filed original papers constitute the records of the courts and a separate record book is not required.
(b) The clerk shall keep a separate folder for each case, and shall note on the outside of the folder:
(1) the style of the case; (2) the nature of the charged offense; (3) the dates that the warrant was issued and returned; (4) the date the examination or trial was held; (5) whether trial was held by jury or before a judge; (6) trial settings; (7) any verdict of the jury; (8) any judgment of the court; (9) any motion for a new trial and the decision on the motion; (10) whether an appeal was taken; and (11) the date and the manner in which the judgment and sentence were enforced.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 1248, § 29, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code, § 30.120 by Acts 1997, 75th Leg., ch. 165, § 8.10, eff. Sept. 1, 1997.
For text of section as amended by Acts 1971, 71st Leg., Ch. 1020, § 3, see § 30.00310, ante.
SUBCHAPTER I. BURLESON
§ 30.00341. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Burleson.
(b) In this subchapter, "appellate courts" means the county courts at law of Johnson County that have criminal appellate jurisdiction.
Added by Acts 1995, 74th Leg., ch. 181, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.1341 by Acts 1997, 75th Leg., ch. 165, § 8.11, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 30, eff. Sept. 1, 1999.
§ 30.00344. JUDGE. (a) to (j) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(8), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply to this subchapter.
Added by Acts 1995, 74th Leg., ch. 181, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.1344 by Acts 1997, 75th Leg., ch. 165, § 8.11, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 31, 139(8), eff. Sept. 1, 1999.
§ 30.00345. CLERK; OTHER PERSONNEL. (a) The city manager of the city shall appoint a clerk of the municipal court of record who may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this subchapter.
Added by Acts 1995, 74th Leg., ch. 181, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.1345 by Acts 1997, 75th Leg., ch. 165, § 8.11, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 32, eff. Sept. 1, 1999.
§ 30.00346. COURT REPORTER. (a) The clerk of the court shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(8), eff. Sept. 1, 1999.
Added by Acts 1995, 74th Leg., ch. 181, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.1346 by Acts 1997, 75th Leg., ch. 165, § 8.11, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 33, 139(8), eff. Sept. 1, 1999.
SUBCHAPTER J. FORT WORTH
§ 30.00381. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Fort Worth.
(b) In this subchapter, "appellate courts" means the county criminal courts of Tarrant County that have criminal appellate jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.141 by Acts 1997, 75th Leg., ch. 165, § 8.12, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 34, eff. Sept. 1, 1999.
§ 30.00384. JUDGE. (a), (b) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(9), eff. Sept. 1, 1999.
(c) The judge must maintain residence in the city during the tenure of office.
(d) to (j) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(9), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.40(a), eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 599, § 1, eff. June 18, 1987; Acts 1991, 72nd Leg., ch. 290, § 1, eff. Aug. 26, 1991. Renumbered from V.T.C.A., Government Code, § 30.144 by Acts 1997, 75th Leg., ch. 165, § 8.12, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 691, § 35, 139(9), eff. Sept. 1, 1999.
§ 30.00385. CLERK. (a) The city manager with the consent of the governing body of the city shall appoint a clerk of the municipal courts of record. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.
(b) Section 30.00009(c) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.145 by Acts 1997, 75th Leg., ch. 165, § 8.12, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 36, eff. Sept. 1, 1999.
§ 30.00388. CIVIL SERVICE ORDINANCE; VACATION OF COURT. (a) The judges, clerk and deputy clerks, and court reporters of the municipal courts of record are not classified employees under civil service, charter, or ordinance provisions. The governing body of the city may provide by ordinance that all other employees of the courts may be hired and paid as classified employees under civil service, charter, or ordinance provisions. Judges, clerks, deputy clerks, and court reporters are entitled to receive the same vacation, sick leave, and other benefits that are provided for other nonclassified employees under regulations provided by the governing body by ordinance and may be authorized or required by the governing body to participate in the city retirement program.
(b) If after the establishment of a municipal court of record the governing body finds by ordinance that the condition of the dockets of the other courts of the county does not require the existence of the court to properly dispose of the cases arising in the city, the governing body shall declare the offices of the municipal judge, clerk, court reporter, and other employees of the court to be vacated at the end of the term for which the judge was last appointed. Any case then pending shall be transferred to a court with proper jurisdiction of the offense.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.148 by Acts 1997, 75th Leg., ch. 165, § 8.12, eff. Sept. 1, 1997.
SUBCHAPTER K. GRAND PRAIRIE
§ 30.00421. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Grand Prairie.
(b) In this subchapter, "appellate courts" means the county criminal courts of Dallas County that have criminal appellate jurisdiction.
Added by Acts 1995, 74th Leg., ch. 163, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.1641 by Acts 1997, 75th Leg., ch. 165, § 8.13, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 37, eff. Sept. 1, 1999.
§ 30.00426. JUDGE. (a) to (j) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(10), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply to this subchapter.
Added by Acts 1995, 74th Leg., ch. 163, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.1646 by Acts 1997, 75th Leg., ch. 165, § 8.13, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 38, 139(10), eff. Sept. 1, 1999.
§ 30.00427. CLERK; OTHER PERSONNEL. (a) The city manager shall appoint a clerk of a municipal court of record who may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this subchapter.
Added by Acts 1995, 74th Leg., ch. 163, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.1647 by Acts 1997, 75th Leg., ch. 165, § 8.13, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 39, eff. Sept. 1, 1999.
§ 30.00428. COURT REPORTER. (a) The clerk of the court shall appoint the court reporter under Section 30.00010. The reporter shall be compensated by the city in the manner determined by the city manager.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(10), eff. Sept. 1, 1999.
Added by Acts 1995, 74th Leg., ch. 163, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.1648 by Acts 1997, 75th Leg., ch. 165, § 8.13, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 40, 139(10), eff. Sept. 1, 1999.
SUBCHAPTER L. SWEETWATER
§ 30.00461. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Sweetwater.
(b) In this subchapter, "appellate courts" means the County Court of Nolan County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.171 by Acts 1997, 75th Leg., ch. 165, § 8.14, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 41, eff. Sept. 1, 1999.
§ 30.00464. JUDGE. (a) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(11), eff. Sept. 1, 1999.
(b) A municipal judge must be a licensed attorney in good standing in this state. The judge must be a citizen of the United States and of this state. The judge must maintain residence in the city during the tenure of office but need not be a resident of the city at the time of the appointment.
(c) to (e) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(11), eff. Sept. 1, 1999.
(f) Section 30.00007(b)(5) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.174 by Acts 1997, 75th Leg., ch. 165, § 8.14, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 42, 139(11), eff. Sept. 1, 1999.
§ 30.00465. CLERK; OTHER PERSONNEL. (a) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(11), eff. Sept. 1, 1999.
(b) The governing body of the city shall provide deputy clerks, warrant officers, and other personnel, including at least one bailiff for each court, as needed for the proper operation of the courts.
(c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(11), eff. Sept. 1, 1999.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.175 by Acts 1997, 75th Leg., ch. 165, § 8.14, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 139(11), eff. Sept. 1, 1999.
§ 30.00466. COURT REPORTER. (a) The municipal judge shall appoint a court reporter under Section 30.00010, whose qualifications shall be determined by the judge or, if there is more than one municipal judge, by the presiding municipal judge.
(b) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(11), eff. Sept. 1, 1999.
(c) Section 30.00010(d) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.176 by Acts 1997, 75th Leg., ch. 165, § 8.14, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 43 and 139(11), eff. Sept. 1, 1999
SUBCHAPTER M. CROWLEY
§ 30.00491. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Crowley.
(b) In this subchapter, "appellate courts" means the county criminal courts of Tarrant County that have criminal appellate jurisdiction.
Added by Acts 1995, 74th Leg., ch. 193, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.1881 by Acts 1997, 75th Leg., ch. 165, § 8.15, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 44, eff. Sept. 1, 1999.
§ 30.00494. JUDGE. (a) to (j) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(12), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply to this subchapter.
Added by Acts 1995, 74th Leg., ch. 193, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.1884 by Acts 1997, 75th Leg., ch. 165, § 8.15, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 45, 139(12), eff. Sept. 1, 1999.
§ 30.004945. MAGISTRATES. (a) The governing body may appoint one or more magistrates in addition to magistrates provided under Article 2.09, Code of Criminal Procedure.
(b) A magistrate does not have to possess all the qualifications necessary to be a municipal court of record judge.
(c) A magistrate may not preside over the court or hear contested cases. (d) A magistrate may: (1) conduct an arraignment; (2) hold an indigency hearing; (3) accept a plea; (4) sign a judgment; (5) set the amount of a bond; or (6) perform other functions under Article 15.17, Code of Criminal Procedure.
Added by Acts 1999, 76th Leg., ch. 691, § 46, eff. Sept. 1, 1999.
§ 30.00495. CLERK; OTHER PERSONNEL. (a) The city manager or city administrator of the city shall appoint a clerk of the municipal court of record who may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this subchapter.
Added by Acts 1995, 74th Leg., ch. 193, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.1885 by Acts 1997, 75th Leg., ch. 165, § 8.15, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 47, eff. Sept. 1, 1999.
§ 30.00496. COURT REPORTER. (a) The clerk of the court shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(12), eff. Sept. 1, 1999.
Added by Acts 1995, 74th Leg., ch. 193, § 1, eff. May 23, 1995. Renumbered from V.T.C.A., Government Code, § 30.1886 by Acts 1997, 75th Leg., ch. 165, § 8.15, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 48, 139(12), eff. Sept. 1, 1999.
SUBCHAPTER N. LONGVIEW
§ 30.00531. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Longview.
(b) In this subchapter, "appellate courts" means the County Court of Gregg County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.201 by Acts 1997, 75th Leg., ch. 165, § 8.16, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 49, eff. Sept. 1, 1999.
§ 30.00534. JUDGE. (a) to (e) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(13), eff. Sept. 1, 1999.
(f) Section 30.00007(b)(5) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.204 by Acts 1997, 75th Leg., ch. 165, § 8.16, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 50, 139(13), eff. Sept. 1, 1999.
§ 30.00536. COURT REPORTER. The municipal judge shall appoint the court reporter under Section 30.00010.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.206 by Acts 1997, 75th Leg., ch. 165, § 8.16, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 51, 139(13), eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1260, § 1, eff. June 20, 2003.
SUBCHAPTER O. PANTEGO
§ 30.00561. APPLICATION; DEFINITION. (a) This subchapter applies to the town of Pantego.
(b) In this subchapter, "appellate courts" means the county criminal courts of Tarrant County that have criminal appellate jurisdiction.
Added by Acts 1995, 74th Leg., ch. 274, § 1, eff. Aug. 28, 1995. Renumbered from V.T.C.A., Government Code, § 30.2191 by Acts 1997, 75th Leg., ch. 165, § 8.17, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 52, eff. Sept. 1, 1999.
§ 30.00564. JUDGE. (a) to (j) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(14), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply to this subchapter.
Added by Acts 1995, 74th Leg., ch. 274, § 1, eff. Aug. 28, 1995. Renumbered from V.T.C.A., Government Code, § 30.2194 by Acts 1997, 75th Leg., ch. 165, § 8.17, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 53, 139(14), eff. Sept. 1, 1999.
§ 30.00565. CLERK; OTHER PERSONNEL. (a) The city manager of the town shall appoint a clerk of the municipal court of record who may hire, direct, and remove the personnel authorized in the town's annual budget for the clerk's office. The clerk shall perform the duties in accordance with statutes, the town charter, and town ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this subchapter.
Added by Acts 1995, 74th Leg., ch. 274, § 1, eff. Aug. 28, 1995. Renumbered from V.T.C.A., Government Code, § 30.2195 by Acts 1997, 75th Leg., ch. 165, § 8.17, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 54, eff. Sept. 1, 1999.
§ 30.00566. COURT REPORTER. (a) The clerk of the court shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(14), eff. Sept. 1, 1999.
Added by Acts 1995, 74th Leg., ch. 274, § 1, eff. Aug. 28, 1995. Renumbered from V.T.C.A., Government Code, § 30.2196 by Acts 1997, 75th Leg., ch. 165, § 8.17, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 55, 139(14), eff. Sept. 1, 1999.
SUBCHAPTER P. MIDLAND
§ 30.00601. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Midland.
(b) In this subchapter, "appellate courts" means the County Court of Midland County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.231 by Acts 1997, 75th Leg., ch. 165, § 8.18, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 56, eff. Sept. 1, 1999.
§ 30.00604. JUDGE. (a) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(15), eff. Sept. 1, 1999.
(b) In addition to satisfying the requirements of Section 30.00006(c), a municipal judge must maintain residence in the city during the tenure of office but need not be a resident of the city at the time of the appointment. The judge shall serve full time and may not engage in the private practice of law while in office.
(c) to (e) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(15), eff. Sept. 1, 1999.
(f) Section 30.00007(b)(5) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.234 by Acts 1997, 75th Leg., ch. 165, § 8.18, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 5, 139(15), eff. Sept. 1, 1999.
§ 30.00605. CLERK; OTHER PERSONNEL. (a) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(15), eff. Sept. 1, 1999.
(b) The governing body of the city shall provide deputy clerks, warrant officers, and other personnel, including at least one bailiff for each court, as needed for the proper operation of the municipal courts of record.
(c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(15), eff. Sept. 1, 1999.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.235 by Acts 1997, 75th Leg., ch. 165, § 8.18, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 139(15), eff. Sept. 1, 1999.
§ 30.00606. COURT REPORTER. (a) The municipal judge shall appoint the court reporter under Section 30.00010, who must meet qualifications determined by the judge or, if there is more than one judge, by the presiding municipal judge. The governing body of the city shall set the compensation of the court reporter on the recommendation of the presiding judge.
(b) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(15), eff. Sept. 1, 1999.
(c) Section 30.00010(d) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.236 by Acts 1997, 75th Leg., ch. 165, § 8.18, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 58, 139(15), eff. Sept. 1, 1999.
SUBCHAPTER Q. RIVER OAKS
§ 30.00631. APPLICATION; DEFINITION. (a) This subchapter applies to the City of River Oaks.
(b) In this subchapter, "appellate courts" means the county criminal courts of Tarrant County that have criminal appellate jurisdiction.
Added by Acts 1995, 74th Leg., ch. 653, § 1, eff. Aug. 28, 1995. Renumbered from V.T.C.A., Government Code, § 30.2481 by Acts 1997, 75th Leg., ch. 165, § 8.19, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 59, eff. Sept. 1, 1999.
§ 30.00634. JUDGE. (a) to (c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(16), eff. Sept. 1, 1999.
(d) In addition to exercising powers under Section 30.00006(e), a municipal judge shall devote as much time to the office as it requires.
(e) to (j) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(16), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply to this subchapter.
Added by Acts 1995, 74th Leg., ch. 653, § 1, eff. Aug. 28, 1995. Renumbered from V.T.C.A., Government Code, § 30.2484 by Acts 1997, 75th Leg., ch. 165, § 8.19, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 60, 139(16), eff. Sept. 1, 1999.
§ 30.00635. MAGISTRATES. (a) The governing body may appoint one or more magistrates in addition to magistrates provided under Article 2.09, Code of Criminal Procedure.
(b) A magistrate does not have to possess all the qualifications necessary to be a municipal court of record judge.
(c) A magistrate may not preside over the court or hear contested cases. (d) A magistrate may: (1) conduct an arraignment; (2) hold an indigency hearing; (3) accept a plea; (4) sign a judgment; (5) set the amount of a bond; and (6) perform other functions under Article 15.17, Code of Criminal Procedure.
Added by Acts 1995, 74th Leg., ch. 653, § 1, eff. Aug. 28, 1995. Renumbered from V.T.C.A., Government Code, § 30.2485 by Acts 1997, 75th Leg., ch. 165, § 8.19, eff. Sept. 1, 1997.
§ 30.00636. CLERK; OTHER PERSONNEL. (a) The city administrator of the city shall appoint a clerk of the municipal court of record who may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this subchapter.
Added by Acts 1995, 74th Leg., ch. 653, § 1, eff. Aug. 28, 1995. Renumbered from V.T.C.A., Government Code, § 30.2486 by Acts 1997, 75th Leg., ch. 165, § 8.19, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 61, eff. Sept. 1, 1999.
§ 30.00637. COURT REPORTER. (a) The clerk of the court shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(16), eff. Sept. 1, 1999.
Added by Acts 1995, 74th Leg., ch. 653, § 1, eff. Aug. 28, 1995. Renumbered from V.T.C.A., Government Code, § 30.2487 by Acts 1997, 75th Leg., ch. 165, § 8.19, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 62, 139(16), eff. Sept. 1, 1999.
§ 30.00653. JOINT COURTS: CREATION. (a) The governing body of the city may contract with one or more municipalities that have municipal courts of record to establish a joint municipal court of record to serve the contracting municipalities.
(b) A joint municipal court of record created under this section replaces each municipality's individual municipal court of record.
Added by Acts 1995, 74th Leg., ch. 653, § 1, eff. Aug. 28, 1995. Renumbered from V.T.C.A., Government Code, § 30.2503 by Acts 1997, 75th Leg., ch. 165, § 8.19, eff. Sept. 1, 1997.
§ 30.00654. JOINT COURT: JUDGES. (a) Notwithstanding any other law, a joint municipal court of record created under Section 30.2503 is presided over by a municipal judge or alternate municipal judge who is appointed by the governing bodies of the contracting municipalities for a two-year term.
(b) The judge of a joint municipal court of record may be removed from office by the governing bodies of the contracting municipalities at any time for incompetency, misconduct, malfeasance, or inability to perform the tasks of the office.
Added by Acts 1995, 74th Leg., ch. 653, § 1, eff. Aug. 28, 1995. Renumbered from V.T.C.A., Government Code, § 30.2504 by Acts 1997, 75th Leg., ch. 165, § 8.19, eff. Sept. 1, 1997.
§ 30.00655. JOINT COURTS: JURISDICTION. (a) The jurisdiction of a joint municipal court of record created under Section 30.2503 is the combined jurisdiction of the municipal courts of the contracting municipalities.
(b) An appeal from a joint municipal court of record created under Section 30.2503 is to the county criminal court of the county in which the offense occurred. If that county does not have a county criminal court, appeal is to the county court of law of the county.
Added by Acts 1995, 74th Leg., ch. 653, § 1, eff. Aug. 28, 1995. Renumbered from V.T.C.A., Government Code, § 30.2505 by Acts 1997, 75th Leg., ch. 165, § 8.19, eff. Sept. 1, 1997.
§ 30.00656. JOINT COURT: PROSECUTING ATTORNEY. A municipality that contracts under Section 30.2503 may provide its own prosecuting attorney or the contracting municipalities may agree on the selection of one or more prosecuting attorneys.
Added by Acts 1995, 74th Leg., ch. 653, § 1, eff. Aug. 28, 1995. Renumbered from V.T.C.A., Government Code, § 30.2506 by Acts 1997, 75th Leg., ch. 165, § 8.19, eff. Sept. 1, 1997.
§ 30.00657. JOINT COURT: APPLICABLE LAW. (a) The municipalities by contract shall select one of the contracting municipality's enabling statutes as the source of applicable procedural requirements for the operation of the joint municipal court of record established under Section 30.2503.
(b) All of the provisions of the statute selected under Subsection (a) apply to the operation of the joint municipal court of record. If there is a conflict with any of the provisions in Sections 30.2503-30.2506, those sections control.
(c) Any matter that is not governed by the contracting municipalities' enabling legislation or other law shall be resolved by the contract entered into under Section 30.2503.
Added by Acts 1995, 74th Leg., ch. 653, § 1, eff. Aug. 28, 1995. Renumbered from V.T.C.A., Government Code, § 30.2507 by Acts 1997, 75th Leg., ch. 165, § 8.19, eff. Sept. 1, 1997.
SUBCHAPTER R. HOUSTON
§ 30.00671. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Houston.
(b) In this subchapter, "appellate courts" means the county criminal courts of Harris County that have criminal appellate jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.261 by Acts 1997, 75th Leg., ch. 165, § 8.20, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 63, eff. Sept. 1, 1999.
§ 30.00674. JUDGE. (a) to (f) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(17), eff. Sept. 1, 1999.
(g) A municipal judge may only be removed under Article V, Section 1-a, of the Texas Constitution.
(h) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(17), eff. Sept. 1, 1999.
(i) Sections 30.00007(b)(5) and 30.000085 do not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 1248, § 30, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code, § 30.264 by Acts 1997, 75th Leg., ch. 165, § 8.20, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 691, § 64, 139(17), eff. Sept. 1, 1999.
§ 30.00675. CLERK; OTHER PERSONNEL. (a), (b) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(17), eff. Sept. 1, 1999.
(c) Section 30.00009(c) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.265 by Acts 1997, 75th Leg., ch. 165, § 8.20, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 65, 139(17), eff. Sept. 1, 1999.
§ 30.00676. COURT REPORTER. (a) Each municipal judge may appoint an official court reporter under Section 30.00010 to transcribe the trial proceedings, including testimony, voir dire examinations, objections, and final arguments.
(b) Section 30.00010(d) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.266 by Acts 1997, 75th Leg., ch. 165, § 8.20, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 66, eff. Sept. 1, 1999.
SUBCHAPTER S. MARSHALL
§ 30.00701. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Marshall.
(b) In this subchapter, "appellate courts" means the County Court of Harrison County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.291 by Acts 1997, 75th Leg., ch. 165, § 8.21, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 67, eff. Sept. 1, 1999.
§ 30.00704. JUDGE. (a) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(18), eff. Sept. 1, 1999.
(b) In addition to exercising powers under Section 30.00006(e), a municipal judge shall devote as much time to the office as it requires.
(c) to (e) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(18), eff. Sept. 1, 1999.
(f) Section 30.00007(b)(5) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.294 by Acts 1997, 75th Leg., ch. 165, § 8.21, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 68, 139(18), eff. Sept. 1, 1999.
§ 30.00706. COURT REPORTER. (a) The municipal judge shall appoint the court reporter under Section 30.00010.
(b) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(18), eff. Sept. 1, 1999.
(c) Section 30.00010(d) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.296 by Acts 1997, 75th Leg., ch. 165, § 8.21, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 69, 139(18), eff. Sept. 1, 1999.
SUBCHAPTER T. AUSTIN
§ 30.00731. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Austin.
(b) In this subchapter, "appellate courts" means the county courts at law of Travis County that have criminal appellate jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.321 by Acts 1997, 75th Leg., ch. 165, § 8.22, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 70, eff. Sept. 1, 1999.
§ 30.00734. JUDGE. (a) to (f) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(19), eff. Sept. 1, 1999.
(g) In addition to satisfying the requirements of Section 30.00006(c), a municipal judge must have been a resident of the city for the two-year period immediately preceding appointment.
(h) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(19), eff. Sept. 1, 1999.
(i) Section 30.00007(b)(5) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.324 by Acts 1997, 75th Leg., ch. 165, § 8.22, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 71, 139(19), eff. Sept. 1, 1999.
§ 30.00736. CLERK; OTHER PERSONNEL. (a) The governing body of the city shall appoint a clerk of the municipal courts of record, who shall be known as the municipal clerk. The municipal clerk serves at the pleasure of the governing body. The clerk shall perform, as applicable, the duties prescribed by law for the county clerk of a county court at law and any other duty necessary to issue process and conduct business of the court. The clerk may administer oaths and affidavits and make certificates and affix the court's seal to those certificates. In addition, the clerk shall:
(1) maintain central docket records for all cases filed in the municipal courts of record; and
(2) maintain an index of all court judgments in the same manner as county clerks are required by law to prepare for criminal cases arising in county courts.
(b) With the consent of the governing body of the city, the clerk may appoint one or more deputy clerks to act for and on behalf of the clerk.
(c) The governing body of the city shall provide the courts with other municipal court personnel that the governing body determines necessary for the proper operation of the courts. Those persons shall perform their duties under the direction and control of the clerk of the municipal court or the municipal judge to whom assigned. The governing body shall determine the salaries of the court personnel.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 1248, § 31, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code, § 30.326 by Acts 1997, 75th Leg., ch. 165, § 8.22, eff. Sept. 1, 1997.
§ 30.00737. COURT REPORTER. (a) to (c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(19), eff. Sept. 1, 1999.
(d) Section 30.00010(d) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.327 by Acts 1997, 75th Leg., ch. 165, § 8.22, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 72, 139(19), eff. Sept. 1, 1999.
SUBCHAPTER U. ODESSA
§ 30.00771. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Odessa.
(b) In this subchapter, "appellate courts" means the county courts at law of Ector County that have criminal appellate jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.351 by Acts 1997, 75th Leg., ch. 165, § 8.23, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 73, eff. Sept. 1, 1999.
§ 30.00774. JUDGE. (a) to (e) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(20), eff. Sept. 1, 1999.
(f) Section 30.00007(b)(5) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 235, § 3, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code, § 30.354 by Acts 1997, 75th Leg., ch. 165, § 8.23, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 691, § 74, 139(20), eff. Sept. 1, 1999.
§ 30.00778. CLERK; OTHER PERSONNEL. (a) The city manager shall provide for the appointment of a clerk of the municipal courts of record, who shall be known as the municipal clerk. The municipal clerk shall perform, as applicable, the duties prescribed by law for the county clerk of a county court at law. In addition, the clerk shall:
(1) maintain central docket records for all cases filed in the municipal courts of record; and
(2) maintain an index of all municipal court of record judgments in the same manner as county clerks are required by law to prepare for criminal cases arising in county courts.
(b) The governing body of the city shall provide the courts with other municipal court personnel that the governing body determines necessary for the proper operation of the courts. Those persons shall perform their duties under the direction and control of the clerk or the municipal judge to whom assigned. The governing body shall determine the salaries of the court personnel.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 1248, § 32, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 235, § 6, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code, § 30.358 by Acts 1997, 75th Leg., ch. 165, § 8.23, eff. Sept. 1, 1997.
§ 30.00779. RECORDING OF PROCEEDINGS; COURT REPORTER. (a) to (e) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(20), eff. Sept. 1, 1999.
(f) Section 30.00010(d) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 235, § 7, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code, § 30.359 by Acts 1997, 75th Leg., ch. 165, § 8.23, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 691, § 75, 139(20), eff. Sept. 1, 1999.
§ 30.007801. PROSECUTION BY CITY ATTORNEY. All prosecutions in a municipal court of record must be conducted by the city attorney or an assistant or deputy city attorney.
Added by Acts 1997, 75th Leg., ch. 235, § 8, eff. Sept. 1, 1997.
§ 30.007802. COMPLAINT; PLEADING. (a) A complaint filed in a municipal court of record must begin "In the name and by authority of the State of Texas" and must conclude "Against the peace and dignity of the State."
(b) Complaints must comply with Article 45.17, Code of Criminal Procedure. (c) Pleadings must be in writing and must be filed with the municipal court clerk.
Added by Acts 1997, 75th Leg., ch. 235, § 8, eff. Sept. 1, 1997.
§ 30.007803. JURY. (a) A person brought before a municipal court of record and charged with an offense is entitled to be tried by a jury of six persons, unless that right is waived according to law.
(b) A juror for the court must have the qualifications required of jurors by law and must be a resident of the city.
(c) A juror is entitled to receive the compensation for each day and each fraction of a day in attendance on a municipal court of record jury as provided by Chapter 61.
(d) The clerk of the court shall establish a fair, impartial, and objective juror selection process.
Added by Acts 1997, 75th Leg., ch. 235, § 8, eff. Sept. 1, 1997.
§ 30.007804. COURT RULES. (a) Except as modified by this subchapter, the Code of Criminal Procedure as applied to county courts at law governs the trial of cases before municipal courts of record.
(b) Bonds must be payable to the state for the use and benefit of the city. The court may not assess court costs other than warrant fees, capias fees, and other fees authorized for municipal courts of record.
(c) A peace officer may serve a process issued by a municipal court of record.
(d) A conviction, judgment, and sentence are in the name of the state, and the state recovers from the defendant the fine and fees for the use and benefit of the city.
(e) Fines, fees, costs, and bonds shall be paid to the clerk of the court, who shall deposit them in the city general fund.
Added by Acts 1997, 75th Leg., ch. 235, § 8, eff. Sept. 1, 1997.
SUBCHAPTER V. DALLAS
§ 30.00811. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Dallas.
(b) In this subchapter, "appellate courts" means the county criminal courts of Dallas County that have criminal appellate jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Government Code, § 30.381 by Acts 1997, 75th Leg., ch. 165, § 8.24, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 76, eff. Sept. 1, 1999.
§ 30.00814. JUDGE. (a) to (c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(21), eff. Sept. 1, 1999.
(d) In addition to performing duties under Sections 30.00007(b)(1) and (4), the administrative municipal judge shall promulgate work rules for the administration of the municipal courts.
(e), (f) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(21), eff. Sept. 1, 1999.
(g) Sections 30.00007(b)(2), (3), and (5) do not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 157, § 2, 3, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code, § 30.384 by Acts 1997, 75th Leg., ch. 165, § 8.24, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 691, § 77, 139(21), eff. Sept. 1, 1999.
§ 30.00818. CLERK; OTHER PERSONNEL. (a) The governing body shall provide for the appointment of a clerk of the municipal courts of record, who shall be known as the municipal clerk. The municipal clerk shall perform for the municipal courts of record, as applicable, the duties prescribed by law for the county clerk of a county court at law. In addition, the clerk shall maintain central docket records for all cases filed in the municipal courts of record.
(b) The governing body of the city shall provide the courts with other municipal court personnel that the governing body determines necessary for the proper operation of the courts. Those persons shall perform their duties under the direction and control of the clerk of the municipal court or the municipal judge to whom assigned. The governing body shall determine the salaries of the court personnel.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 157, § 4, eff. Aug. 31, 1987; Acts 1989, 71st Leg., ch. 1248, § 33, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code, § 30.388 by Acts 1997, 75th Leg., ch. 165, § 8.24, eff. Sept. 1, 1997.
SUBCHAPTER W. ARLINGTON
§ 30.00851. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Arlington.
(b) In this subchapter, "appellate courts" means the county criminal courts of Tarrant County that have criminal appellate jurisdiction.
Added by Acts 1993, 73rd Leg., ch. 575, § 1, eff. Aug. 30, 1993. Renumbered from V.T.C.A., Government Code, § 30.421 by Acts 1997, 75th Leg., ch. 165, § 8.25, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 78, eff. Sept. 1, 1999.
§ 30.00854. JUDGE. (a) to (c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(22), eff. Sept. 1, 1999.
(d) In addition to satisfying the requirements of Section 30.00006(c), a municipal judge shall devote as much time to the office as it requires.
(e) to (j) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(22), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply to this subchapter.
Added by Acts 1993, 73rd Leg., ch. 575, § 1, eff. Aug. 30, 1993. Renumbered from V.T.C.A., Government Code, § 30.424 by Acts 1997, 75th Leg., ch. 165, § 8.25, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 79, 139(22), eff. Sept. 1, 1999.
§ 30.00855. CLERK; OTHER PERSONNEL. (a) The city manager of the city shall appoint a clerk of the municipal court of record who may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this subchapter.
Added by Acts 1993, 73rd Leg., ch. 575, § 1, eff. Aug. 30, 1993. Renumbered from V.T.C.A., Government Code, § 30.425 by Acts 1997, 75th Leg., ch. 165, § 8.25, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 80, eff. Sept. 1, 1999.
§ 30.00856. COURT REPORTER. (a) The clerk of the court shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(22), eff. Sept. 1, 1999.
Added by Acts 1993, 73rd Leg., ch. 575, § 1, eff. Aug. 30, 1993. Renumbered from V.T.C.A., Government Code, § 30.426 by Acts 1997, 75th Leg., ch. 165, § 8.25, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 81, 139(22), eff. Sept. 1, 1999.
SUBCHAPTER X. GARLAND
§ 30.00891. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Garland.
(b) In this subchapter, "appellate courts" means the county criminal courts of Dallas County that have criminal appellate jurisdiction.
Added by Acts 1987, 70th Leg., ch. 161, § 1, eff. May 25, 1987. Renumbered from V.T.C.A., Government Code, § 30.451 by Acts 1997, 75th Leg., ch. 165, § 8.26, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 82, eff. Sept. 1, 1999.
§ 30.00894. JUDGE. (a) to (f) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(23), eff. Sept. 1, 1999.
(g) Sections 30.00007(b)(5) and 30.00008(b) do not apply to this subchapter.
Added by Acts 1987, 70th Leg., ch. 161, § 1, eff. May 25, 1987. Amended by Acts 1997, 75th Leg., ch. 1342, § 2, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code, § 30.454 by Acts 1997, 75th Leg., ch. 165, § 8.26, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 691, § 83, 139(23), eff. Sept. 1, 1999.
§ 30.00895. CLERK. (a) The city manager shall appoint a clerk of the municipal courts of record. The clerk or the clerk's deputies shall keep the records of the municipal courts of record, issue process, and generally perform the duties for the courts that a clerk of a county court exercising criminal jurisdiction is required by law to perform for that court. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.
(b) Sections 30.00009(a), (c), and (d) do not apply to this subchapter.
Added by Acts 1987, 70th Leg., ch. 161, § 1, eff. May 25, 1987. Renumbered from V.T.C.A., Government Code, § 30.455 by Acts 1997, 75th Leg., ch. 165, § 8.26, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 84, eff. Sept. 1, 1999.
§ 30.00896. COURT REPORTER. (a) The official court reporter shall be appointed by the chief judge under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(23), eff. Sept. 1, 1999.
Added by Acts 1987, 70th Leg., ch. 161, § 1, eff. May 25, 1987. Amended by Acts 1997, 75th Leg., ch. 1342, § 3, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Government Code, § 30.456 by Acts 1997, 75th Leg., ch. 165, § 8.26, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 691, § 85, 139(23), eff. Sept. 1, 1999.
SUBCHAPTER Y. AMARILLO
§ 30.00931. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Amarillo.
(b) In this subchapter, "appellate courts" means the county courts at law in Potter and Randall counties.
Added by Acts 1987, 70th Leg., ch. 694, § 1, eff. Sept. 1, 1987. Renumbered from V.T.C.A., Government Code, § 30.521 by Acts 1997, 75th Leg., ch. 165, § 8.27, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 86, eff. Sept. 1, 1999.
§ 30.00934. JUDGE. (a) A municipal judge need not be a resident of the city at the time of appointment but must, in addition to satisfying the requirements of Section 30.00006(c), maintain residence in the city during the term of office. The judge shall devote full time to the duties of that office and may not engage in the private practice of law while in office. The restrictions on the residency of and private practice by a municipal judge do not apply to a judge employed to work less than 40 hours per week.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(24), eff. Sept. 1, 1999.
(e) The governing body of the city shall appoint a judge to be the presiding municipal judge who shall, in addition to performing duties under Sections 30.00007(b)(1), (3), and (4), assign cases among the judges.
(f) Sections 30.00007(b)(2) and (5) do not apply to this subchapter.
Added by Acts 1987, 70th Leg., ch. 694, § 1, eff. Sept. 1, 1987. Renumbered from V.T.C.A., Government Code, § 30.524 by Acts 1997, 75th Leg., ch. 165, § 8.27, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 87, 139(24), eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 182, § 1, eff. May 27, 2005.
§ 30.00937. CLERK; OTHER PERSONNEL. The city manager of the city shall provide for the appointment of a municipal court clerk to serve as clerk of the municipal courts of record. The municipal court clerk shall perform the duties prescribed by ordinance and by applicable law and may hire, direct, and remove the personnel authorized in the annual budget for the clerk's office.
Added by Acts 1987, 70th Leg., ch. 694, § 1, eff. Sept. 1, 1987. Renumbered from V.T.C.A., Government Code, § 30.527 by Acts 1997, 75th Leg., ch. 165, § 8.27, eff. Sept. 1, 1997.
§ 30.00939. COURT REPORTER. (a) For the purpose of preserving a record in cases tried before the municipal court, the city manager shall provide an official court reporter who has the qualifications provided by law for official court reporters.
(b), (c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(24), eff. Sept. 1, 1999.
(d) Section 30.00010(d) does not apply to this subchapter.
Added by Acts 1987, 70th Leg., ch. 694, § 1, eff. Sept. 1, 1987. Renumbered from V.T.C.A., Government Code, § 30.529 by Acts 1997, 75th Leg., ch. 165, § 8.27, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 88, 139(24), eff. Sept. 1, 1999.
SUBCHAPTER Z. ADDISON
§ 30.00971. APPLICATION; DEFINITION. (a) This subchapter applies to the town of Addison.
(b) In this subchapter, "appellate courts" means the county criminal courts of Dallas County that have criminal appellate jurisdiction.
Added by Acts 1987, 70th Leg., ch. 1003, § 1, eff. June 19, 1987. Renumbered from V.T.C.A., Government Code, § 30.651 by Acts 1997, 75th Leg., ch. 165, § 8.28, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 89, eff. Sept. 1, 1999.
§ 30.00976. JUDGE. (a) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(25), eff. Sept. 1, 1999.
(e) Section 30.00007(b)(5) does not apply to this subchapter.
Added by Acts 1987, 70th Leg., ch. 1003, § 1, eff. June 19, 1987. Renumbered from V.T.C.A., Government Code, § 30.656 by Acts 1997, 75th Leg., ch. 165, § 8.28, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 90, 139(25), eff. Sept. 1, 1999.
§ 30.00977. CLERK. The city manager, with the consent of the governing body of the city, shall appoint a clerk of the municipal courts of record who may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.
Added by Acts 1987, 70th Leg., ch. 1003, § 1, eff. June 19, 1987. Renumbered from V.T.C.A., Government Code, § 30.657 by Acts 1997, 75th Leg., ch. 165, § 8.28, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 91, eff. Sept. 1, 1999.
§ 30.00978. COURT REPORTER. (a) The clerk of the court shall appoint the court reporter under Section 30.00010.
(b) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(25), eff. Sept. 1, 1999.
(c) The court reporter is not required to record testimony in a case unless the judge or one of the parties requests a record. A party's request for a record must be in writing and filed with the court before trial.
(d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(25), eff. Sept. 1, 1999.
Added by Acts 1987, 70th Leg., ch. 1003, § 1, eff. June 19, 1987. Amended by Acts 1993, 73rd Leg., ch. 877, § 1, eff. Aug. 30, 1993. Renumbered from V.T.C.A., Government Code, § 30.658 by Acts 1997, 75th Leg., ch. 165, § 8.28, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 691, § 92, 139(25), eff. Sept. 1, 1999.
SUBCHAPTER AA. GRAPEVINE
§ 30.01011. APPLICATION; DEFINITION. (a) This subchapter applies to the city of Grapevine.
(b) In this subchapter, "appellate courts" means the county criminal courts of Tarrant County that have criminal appellate jurisdiction.
Added by Acts 1991, 72nd Leg., ch. 50, § 1, eff. Aug. 26, 1991. Renumbered from V.T.C.A., Government Code, § 30.691 by Acts 1997, 75th Leg., ch. 165, § 8.29, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 93, eff. Sept. 1, 1999.
§ 30.01014. JUDGE. (a) to (c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(26), eff. Sept. 1, 1999.
(d) In addition to satisfying the requirements of Section 30.00006(c), a municipal judge must maintain residence in the city during the tenure of office and must be a resident of the city at the time of appointment or election. The judge shall devote as much time to the office as it requires.
(e) to (i) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(26), eff. Sept. 1, 1999.
(j) An alternate judge must have the same qualifications as a municipal judge, except that an alternate judge may, but need not be, a resident of the city.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply to this subchapter.
Added by Acts 1991, 72nd Leg., ch. 50, § 1, eff. Aug. 26, 1991. Renumbered from V.T.C.A., Government Code, § 30.694 by Acts 1997, 75th Leg., ch. 165, § 8.29, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 94, 139(26), eff. Sept. 1, 1999.
§ 30.01015. CLERK; OTHER PERSONNEL. (a) The city manager of the city shall appoint a clerk of the municipal courts of record who may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this subchapter.
Added by Acts 1991, 72nd Leg., ch. 50, § 1, eff. Aug. 26, 1991. Renumbered from V.T.C.A., Government Code, § 30.695 by Acts 1997, 75th Leg., ch. 165, § 8.29, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 95, eff. Sept. 1, 1999.
§ 30.01016. COURT REPORTER. (a) The clerk of the court shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(26), eff. Sept. 1, 1999.
Added by Acts 1991, 72nd Leg., ch. 50, § 1, eff. Aug. 26, 1991. Renumbered from V.T.C.A., Government Code, § 30.696 by Acts 1997, 75th Leg., ch. 165, § 8.29, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 96, 139(26), eff. Sept. 1, 1999.
SUBCHAPTER BB. HURST
§ 30.01051. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Hurst.
(b) In this subchapter, "appellate courts" means the county criminal courts of Tarrant County that have criminal appellate jurisdiction.
Added by Acts 1993, 73rd Leg., ch. 340, § 1, eff. Aug. 30, 1993. Renumbered from V.T.C.A., Government Code, § 30.721 by Acts 1997, 75th Leg., ch. 165, § 8.30, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 97, eff. Sept. 1, 1999.
§ 30.01054. JUDGE. (a) to (c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(27), eff. Sept. 1, 1999.
(d) In addition to exercising powers under Section 30.00006(e), a municipal judge shall devote as much time to the office as it requires.
(e) to (j) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(27), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply to this subchapter.
Added by Acts 1993, 73rd Leg., ch. 340, § 1, eff. Aug. 30, 1993. Renumbered from V.T.C.A., Government Code, § 30.724 by Acts 1997, 75th Leg., ch. 165, § 8.30, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 98, 139(27), eff. Sept. 1, 1999.
§ 30.01055. CLERK; OTHER PERSONNEL. (a) The city manager of the city shall appoint a clerk of the municipal court of record who may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this subchapter.
Added by Acts 1993, 73rd Leg., ch. 340, § 1, eff. Aug. 30, 1993. Renumbered from V.T.C.A., Government Code, § 30.725 by Acts 1997, 75th Leg., ch. 165, § 8.30, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 99, eff. Sept. 1, 1999.
§ 30.01056. COURT REPORTER. (a) The presiding judge shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(27), eff. Sept. 1, 1999.
Added by Acts 1993, 73rd Leg., ch. 340, § 1, eff. Aug. 30, 1993. Renumbered from V.T.C.A., Government Code, § 30.726 by Acts 1997, 75th Leg., ch. 165, § 8.30, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 100, 139(27), eff. Sept. 1, 1999.
SUBCHAPTER CC. CARROLLTON
§ 30.01091. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Carrollton.
(b) In this subchapter, "appellate courts" means the county criminal courts of Dallas County that have criminal appellate jurisdiction.
Added by Acts 1993, 73rd Leg., ch. 324, § 1, eff. May 29, 1993. Renumbered from V.T.C.A., Government Code, § 30.851 by Acts 1997, 75th Leg., ch. 165, § 8.31, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 101, eff. Sept. 1, 1999.
§ 30.01096. JUDGE. (a) In addition to satisfying the requirements of Section 30.00006(c), a presiding municipal judge must maintain residence in the city during the tenure of office. The municipal judge shall devote full time to the duties of the office as necessary.
(b), (c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(28), eff. Sept. 1, 1999.
(d) Section 30.00007(b)(5) does not apply to this subchapter. (e) A municipal court of record may be presided over by an assistant municipal judge.
Added by Acts 1993, 73rd Leg., ch. 324, § 1, eff. May 29, 1993. Renumbered from V.T.C.A., Government Code, § 30.856 by Acts 1997, 75th Leg., ch. 165, § 8.31, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 102, 139(28), eff. Sept. 1, 1999.
§ 30.010975. AUTOMATIC RESIGNATION. If the municipal judge or an assistant municipal judge announces a candidacy or becomes a candidate in a general, special, or primary election, for any office of profit or trust under the laws of the state or the United States, the announcement or the candidacy constitutes an automatic resignation of the appointment, effective the date of the announcement or candidacy.
Added by Acts 1999, 76th Leg., ch. 691, § 103, eff. Sept. 1, 1999.
§ 30.01098. CLERK; OTHER PERSONNEL. (a) The city manager shall appoint a clerk of the municipal court of record who shall be known as the municipal court clerk. The clerk may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office.
(b), (c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(28), eff. Sept. 1, 1999.
(d) Sections 30.00009(c) and (d) do not apply to this subchapter.
Added by Acts 1993, 73rd Leg., ch. 324, § 1, eff. May 29, 1993. Renumbered from V.T.C.A., Government Code, § 30.858 by Acts 1997, 75th Leg., ch. 165, § 8.31, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 104, 139(28), eff. Sept. 1, 1999.
§ 30.01099. COURT REPORTER. (a) The city shall provide a court reporter for the purpose of preserving a record in cases tried before the municipal court of record. The clerk of the court shall appoint the court reporter, who must meet the qualifications provided by law for official court reporters.
(b) to (e) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(28), eff. Sept. 1, 1999.
Added by Acts 1993, 73rd Leg., ch. 324, § 1, eff. May 29, 1993. Renumbered from V.T.C.A., Government Code, § 30.859 by Acts 1997, 75th Leg., ch. 165, § 8.31, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 139(28), eff. Sept. 1, 1999.
SUBCHAPTER DD. WHITE SETTLEMENT
§ 30.01131. APPLICATION; DEFINITION. (a) This subchapter applies to the City of White Settlement.
(b) In this subchapter, "appellate courts" means the county criminal courts of Tarrant County that have criminal appellate jurisdiction.
Added by Acts 1995, 74th Leg., ch. 630, § 1, eff. Aug. 28, 1995. Renumbered from V.T.C.A., Government Code, § 30.881 by Acts 1997, 75th Leg., ch. 165, § 8.32, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 105, eff. Sept. 1, 1999.
§ 30.01134. JUDGE. (a) to (c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(29), eff. Sept. 1, 1999.
(d) In addition to exercising powers under Section 30.00006(e), a municipal judge shall devote as much time to the office as it requires.
(e) to (j) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(29), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply to this subchapter.
Added by Acts 1995, 74th Leg., ch. 630, § 1, eff. Aug. 28, 1995. Renumbered from V.T.C.A., Government Code, § 30.884 by Acts 1997, 75th Leg., ch. 165, § 8.32, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 106, 139(29), eff. Sept. 1, 1999.
§ 30.01135. CLERK; OTHER PERSONNEL. (a) The city manager of the city shall appoint a clerk of the municipal court of record who may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this subchapter.
Added by Acts 1995, 74th Leg., ch. 630, § 1, eff. Aug. 28, 1995. Renumbered from V.T.C.A., Government Code, § 30.885 by Acts 1997, 75th Leg., ch. 165, § 8.32, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 107, eff. Sept. 1, 1999.
§ 30.01136. COURT REPORTER. (a) The presiding judge shall appoint the court reporter under Section 30.00010.
(b) to (e) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(29), eff. Sept. 1, 1999.
Added by Acts 1995, 74th Leg., ch. 630, § 1, eff. Aug. 28, 1995. Renumbered from V.T.C.A., Government Code, § 30.886 by Acts 1997, 75th Leg., ch. 165, § 8.32, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 108, 139(29), eff. Sept. 1, 1999.
§ 30.01148. DISPOSITION ON APPEAL. (a) to (c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(29), eff. Sept. 1, 1999.
(d) Section 30.00009(c) does not apply to this subchapter.
Added by Acts 1995, 74th Leg., ch. 630, § 1, eff. Aug. 28, 1995. Renumbered from V.T.C.A., Government Code, § 30.898 by Acts 1997, 75th Leg., ch. 165, § 8.32, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 109, 139(29), eff. Sept. 1, 1999.
SUBCHAPTER EE. EULESS
§ 30.01171. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Euless.
(b) In this subchapter, "appellate courts" means the county criminal courts of Tarrant County that have criminal appellate jurisdiction.
Added by Acts 1993, 73rd Leg., ch. 325, § 1, eff. Aug. 30, 1993. Renumbered from V.T.C.A., Government Code, § 30.916 by Acts 1997, 75th Leg., ch. 165, § 8.33, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 110, eff. Sept. 1, 1999.
§ 30.01174. JUDGE. (a) to (c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(30), eff. Sept. 1, 1999.
(d) In addition to exercising powers under Section 30.00006(e), a municipal judge shall devote as much time to the office as it requires.
(e) to (j) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(30), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply to this subchapter.
Added by Acts 1993, 73rd Leg., ch. 325, § 1, eff. Aug. 30, 1993. Renumbered from V.T.C.A., Government Code, § 30.919 by Acts 1997, 75th Leg., ch. 165, § 8.33, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 111, 139(30), eff. Sept. 1, 1999.
§ 30.01175. CLERK; OTHER PERSONNEL. (a) The city manager of the city shall appoint a clerk of the municipal court of record who may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this subchapter.
Added by Acts 1993, 73rd Leg., ch. 325, § 1, eff. Aug. 30, 1993. Renumbered from V.T.C.A., Government Code, § 30.920 by Acts 1997, 75th Leg., ch. 165, § 8.33, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 112, eff. Sept. 1, 1999.
§ 30.01176. COURT REPORTER. (a) The presiding judge shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(30), eff. Sept. 1, 1999.
Added by Acts 1993, 73rd Leg., ch. 325, § 1, eff. Aug. 30, 1993. Renumbered from V.T.C.A., Government Code, § 30.921 by Acts 1997, 75th Leg., ch. 165, § 8.33, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 113, 139(30), eff. Sept. 1, 1999.
SUBCHAPTER FF. DENTON
§ 30.01211. APPLICATION; DEFINITION. (a) This subchapter applies to the city of Denton.
(b) In this subchapter, "appellate courts" means the county courts at law of Denton County that have criminal appellate jurisdiction.
Added by Acts 1993, 73rd Leg., ch. 884, § 1, eff. Aug. 30, 1993. Renumbered from V.T.C.A., Government Code, § 30.981 by Acts 1997, 75th Leg., ch. 165, § 8.34, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 114, eff. Sept. 1, 1999.
§ 30.01216. JUDGE. (a) The municipal judge shall devote as much time as necessary to perform the duties of the office.
(b), (c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(31), eff. Sept. 1, 1999.
Added by Acts 1993, 73rd Leg., ch. 884, § 1, eff. Aug. 30, 1993. Renumbered from V.T.C.A., Government Code, § 30.986 by Acts 1997, 75th Leg., ch. 165, § 8.34, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 115, 139(31), eff. Sept. 1, 1999.
§ 30.01218. CLERK; OTHER PERSONNEL. (a) The city manager shall appoint a clerk of the municipal court of record who shall be known as the "municipal court clerk."
(b) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(31), eff. Sept. 1, 1999.
(c) The clerk may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office.
Added by Acts 1993, 73rd Leg., ch. 884, § 1, eff. Aug. 30, 1993. Renumbered from V.T.C.A., Government Code, § 30.988 by Acts 1997, 75th Leg., ch. 165, § 8.34, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 139(31), eff. Sept. 1, 1999.
§ 30.01219. COURT REPORTER. (a) The presiding judge shall appoint the court reporter under Section 30.00010.
(b) to (e) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(31), eff. Sept. 1, 1999.
Added by Acts 1993, 73rd Leg., ch. 884, § 1, eff. Aug. 30, 1993. Renumbered from V.T.C.A., Government Code, § 30.989 by Acts 1997, 75th Leg., ch. 165, § 8.34, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 116, 139(31), eff. Sept. 1, 1999.
SUBCHAPTER GG. LAKE WORTH
§ 30.01251. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Lake Worth.
(b) In this subchapter, "appellate courts" means the county criminal courts of Tarrant County that have criminal appellate jurisdiction.
Added by Acts 1997, 75th Leg., ch. 182, § 1, eff. May 21, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 117, eff. Sept. 1, 1999.
§ 30.01254. JUDGE. (a) to (c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(32), eff. Sept. 1, 1999.
(d) In addition to exercising powers under Section 30.00006(e), a municipal judge shall devote as much time to the office as it requires.
(e) to (j) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(32), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply to this subchapter.
Added by Acts 1997, 75th Leg., ch. 182, § 1, eff. May 21, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 118, 139(32), eff. Sept. 1, 1999.
§ 30.01255. MAGISTRATES. (a) The governing body may appoint one or more magistrates in addition to magistrates provided under Article 2.09, Code of Criminal Procedure.
(b) A magistrate does not have to possess all the qualifications necessary to be a municipal court of record judge.
(c) A magistrate may not preside over the court or hear contested cases. (d) A magistrate may: (1) conduct an arraignment; (2) hold an indigency hearing; (3) accept a plea; (4) sign a judgment; (5) set the amount of a bond; and (6) perform other functions under Article 15.17, Code of Criminal Procedure.
Added by Acts 1997, 75th Leg., ch. 182, § 1, eff. May 21, 1997.
§ 30.01256. CLERK; OTHER PERSONNEL. (a) The city administrator of the city shall appoint a clerk of the municipal court of record who may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this subchapter.
Added by Acts 1997, 75th Leg., ch. 182, § 1, eff. May 21, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 119, eff. Sept. 1, 1999.
§ 30.01257. COURT REPORTER. (a) The presiding judge shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(32), eff. Sept. 1, 1999.
Added by Acts 1997, 75th Leg., ch. 182, § 1, eff. May 21, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 120, 139(32), eff. Sept. 1, 1999.
§ 30.01273. JOINT COURTS: CREATION. (a) The governing body of the city may contract with one or more municipalities that have municipal courts of record to establish a joint municipal court of record to serve the contracting municipalities.
(b) A joint municipal court of record created under this section replaces each municipality's individual municipal court of record.
Added by Acts 1997, 75th Leg., ch. 182, § 1, eff. May 21, 1997.
§ 30.01274. JOINT COURT: JUDGES. (a) Notwithstanding any other law, a joint municipal court of record created under Section 30.01273 is presided over by a municipal judge or alternate municipal judge who is appointed by a majority vote of each of the governing bodies of the contracting municipalities for a two-year term.
(b) The judge of a joint municipal court of record may be removed from office by the governing bodies of the contracting municipalities at any time for incompetency, misconduct, malfeasance, or inability to perform the tasks of the office.
Added by Acts 1997, 75th Leg., ch. 182, § 1, eff. May 21, 1997.
§ 30.01275. JOINT COURTS: JURISDICTION. (a) The jurisdiction of a joint municipal court of record created under Section 30.01273 is the combined jurisdiction of the municipal courts of the contracting municipalities.
(b) An appeal from a joint municipal court of record created under Section 30.01273 is to the county criminal court of the county in which the offense occurred. If that county does not have a county criminal court, appeal is to the county court of law of the county.
Added by Acts 1997, 75th Leg., ch. 182, § 1, eff. May 21, 1997.
§ 30.01276. JOINT COURT: PROSECUTING ATTORNEY. A municipality that contracts under Section 30.01273 may provide its own prosecuting attorney or the contracting municipalities may agree on the selection of one or more prosecuting attorneys.
Added by Acts 1997, 75th Leg., ch. 182, § 1, eff. May 21, 1997.
§ 30.01277. JOINT COURT: APPLICABLE LAW. (a) The municipalities by contract shall select one of the contracting municipality's enabling statutes as the source of applicable procedural requirements for the operation of the joint municipal court of record established under Section 30.01273.
(b) All of the provisions of the statute selected under Subsection (a) apply to the operation of the joint municipal court of record. If there is a conflict with any of the provisions in Sections 30.01273-30.01276, those sections control.
(c) Any matter that is not governed by the contracting municipalities' enabling legislation or other law shall be resolved by the contract entered into under Section 30.01273.
Added by Acts 1997, 75th Leg., ch. 182, § 1, eff. May 21, 1997.
SUBCHAPTER HH. ROWLETT
§ 30.01291. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Rowlett.
(b) In this subchapter, "appellate courts" means the county criminal courts of Dallas County that have criminal appellate jurisdiction.
Added by Acts 1997, 75th Leg., ch. 819, § 1, eff. June 17, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 121, eff. Sept. 1, 1999.
§ 30.01294. JUDGE. (a) to (c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(33), eff. Sept. 1, 1999.
(d) In addition to exercising powers under Section 30.00006(e), a municipal judge shall devote as much time to the office as it requires.
(e) to (j) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(33), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply to this subchapter.
Added by Acts 1997, 75th Leg., ch. 819, § 1, eff. June 17, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 122, 139(33), eff. Sept. 1, 1999.
§ 30.01295. CLERK; OTHER PERSONNEL. (a) The city manager of the city shall appoint a clerk of the municipal court of record who may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this subchapter.
Added by Acts 1997, 75th Leg., ch. 819, § 1, eff. June 17, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 123, eff. Sept. 1, 1999.
§ 30.01296. COURT REPORTER. (a) Instead of being recorded by a court reporter, trial proceedings in a municipal court of record, when requested as provided by this section, shall be recorded by a good quality electronic audio recording device or videotape recording device.
(b) A municipal court of record is not required to record testimony in a case unless the judge or one of the parties requests a record.
(c) The recording shall be kept and stored for a 20-day period beginning the day after the last day of the proceeding, trial, or denial of motion for new trial, whichever occurs last. The proceedings that are appealed shall be transcribed from the recording by an official court reporter.
(d) All fees for preparation of a record for purposes of appeal shall be paid before the preparation of the record by the court reporter. An extension of time for the appeal may not be granted due to a party's failure to timely pay the fees.
Added by Acts 1997, 75th Leg., ch. 819, § 1, eff. June 17, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 124, eff. Sept. 1, 1999.
SUBCHAPTER II. LEWISVILLE
§ 30.01321. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Lewisville.
(b) In this subchapter, "appellate courts" means the county courts at law of Denton County that have criminal appellate jurisdiction.
Added by Acts 1997, 75th Leg., ch. 87, § 1, eff. May 15, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 125, eff. Sept. 1, 1999.
§ 30.01326. JUDGE. (a) to (c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(34), eff. Sept. 1, 1999.
(d) In addition to exercising powers under Section 30.00006(e), a municipal judge shall devote as much time to the office as it requires.
(e), (f) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(34), eff. Sept. 1, 1999.
(g) Section 30.00007(b)(5) does not apply to this subchapter.
Added by Acts 1997, 75th Leg., ch. 87, § 1, eff. May 15, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 126, 139(34), eff. Sept. 1, 1999.
§ 30.01328. CLERK; OTHER PERSONNEL. (a) The city manager of the city shall appoint a clerk of the municipal court of record who shall be known as the "Lewisville Municipal Court Clerk."
(b) The clerk may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office.
(c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(34), eff. Sept. 1, 1999.
Added by Acts 1997, 75th Leg., ch. 87, § 1, eff. May 15, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 139(34), eff. Sept. 1, 1999.
§ 30.01329. COURT REPORTER. (a) The clerk of the court shall appoint the court reporter under Section 30.00010.
(b) to (e) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(34), eff. Sept. 1, 1999.
Added by Acts 1997, 75th Leg., ch. 87, § 1, eff. May 15, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 127, 139(34), eff. Sept. 1, 1999.
SUBCHAPTER JJ. DALWORTHINGTON GARDENS
§ 30.01371. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Dalworthington Gardens.
(b) In this subchapter, "appellate courts" means the county criminal courts of Tarrant County that have criminal appellate jurisdiction.
Added by Acts 1997, 75th Leg., ch. 935, § 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 128, eff. Sept. 1, 1999.
§ 30.01374. JUDGE. (a) to (c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(35), eff. Sept. 1, 1999.
(d) In addition to exercising powers under Section 30.00006(e), a municipal judge shall devote as much time to the office as it requires.
(e) to (j) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(35), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply to this subchapter.
Added by Acts 1997, 75th Leg., ch. 935, § 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 129, 139(35), eff. Sept. 1, 1999.
§ 30.01375. CLERK; OTHER PERSONNEL. The city secretary shall be, ex officio, the clerk of the municipal court of record and may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office. The clerk or the clerk's deputies shall keep the records of the municipal courts of record, issue process, and generally perform the duties for the courts that a clerk of the county court exercising criminal jurisdiction is required by law to perform for that court. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.
Added by Acts 1997, 75th Leg., ch. 935, § 1, eff. Sept. 1, 1997.
§ 30.01376. COURT REPORTER. (a) The clerk of the court shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(35), eff. Sept. 1, 1999.
Added by Acts 1997, 75th Leg., ch. 935, § 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 130, 139(35), eff. Sept. 1, 1999.
SUBCHAPTER KK. RICHARDSON
§ 30.01401. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Richardson.
(b) In this subchapter, "appellate courts" means the county criminal courts of Dallas County that have criminal appellate jurisdiction.
Added by Acts 1997, 75th Leg., ch. 1044, § 1, eff. June 19, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 131, eff. Sept. 1, 1999.
§ 30.01406. JUDGE. (a), (b) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(36), eff. Sept. 1, 1999.
(c) A municipal judge is entitled to receive compensation or a salary and other benefits set by the governing body of the city. The judge's compensation or salary may not be diminished during the term of office. The compensation or salary may not be based directly or indirectly on fines, fees, or other costs that the municipal judge is required by law to collect during a term of office.
(d) Section 30.00007 does not apply to this subchapter.
Added by Acts 1997, 75th Leg., ch. 1044, § 1, eff. June 19, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 132, 139(36), eff. Sept. 1, 1999.
§ 30.01408. CLERK; OTHER PERSONNEL. (a) The city manager shall appoint a clerk of the municipal court of record who shall be known as the municipal court clerk.
(b) The clerk or the clerk's deputies shall keep the records of the municipal courts of record, issue process, and generally perform the duties for the court that a clerk of the county court exercising criminal jurisdiction is required by law to perform for that court. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.
(c) The clerk, the city manager, or the person designated as court administrator by the city manager may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office.
(d) Section 30.00009(c) does not apply to this subchapter.
Added by Acts 1997, 75th Leg., ch. 1044, § 1, eff. June 19, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 133, eff. Sept. 1, 1999.
SUBCHAPTER LL. COPPELL
§ 30.01441. APPLICATION; DEFINITION. (a) This subchapter applies to the City of Coppell.
(b) In this subchapter, "appellate courts" means the county criminal courts of Dallas County that have criminal appellate jurisdiction.
Added by Acts 1997, 75th Leg., ch. 366, § 1, eff. May 27, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 134, eff. Sept. 1, 1999.
§ 30.01446. JUDGE. (a) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(37), eff. Sept. 1, 1999.
(e) A municipal judge is entitled to compensation or a salary and other benefits set by the governing body of the city. The governing body may not base the compensation or salary directly or indirectly on fines, fees, or costs collected by the court.
(f) Section 30.00007 does not apply to this subchapter.
Added by Acts 1997, 75th Leg., ch. 366, § 1, eff. May 27, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 135, 139(37), eff. Sept. 1, 1999.
§ 30.01448. CLERK; OTHER PERSONNEL. (a) The city manager shall appoint a clerk of the municipal court of record.
(b) The clerk may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office, including deputies and bailiffs as may be necessary or appropriate.
(c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(37), eff. Sept. 1, 1999.
Added by Acts 1997, 75th Leg., ch. 366, § 1, eff. May 27, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 139(37), eff. Sept. 1, 1999.
SUBCHAPTER MM. BULLARD
§ 30.01481. APPLICATION. This subchapter applies to the City of Bullard.
Added by Acts 2001, 77th Leg., ch. 499, § 1, eff. June 11, 2001.
§ 30.01482. QUALIFICATIONS OF JUDGE. (a) A municipal judge must be: (1) a resident of this state; and (2) a citizen of the United States. (b) Section 30.00006(c) does not apply to this subchapter.
Added by Acts 2001, 77th Leg., ch. 499, § 1, eff. June 11, 2001.
SUBCHAPTER NN. TYLER
§ 30.01511. APPLICATION. This subchapter applies to the City of Tyler.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01512. JUDGE. (a) A municipal court of record is presided over by a municipal judge appointed to office by the city manager in the manner provided by the city charter.
(b) If the city manager appoints more than one municipal judge under Subsection (a), the city manager shall appoint one of the municipal judges as the presiding municipal judge.
(c) A municipal judge is entitled to a salary from the city the amount of which is determined by the city manager. A municipal judge's salary may not be diminished during the judge's term of office. A municipal judge's salary may not be based directly or indirectly on fines, fees, or costs collected by the court.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01513. CLERK; OTHER PERSONNEL. The city manager shall provide a clerk of the municipal courts of record. The city manager shall provide deputy clerks, warrant officers, and other personnel as needed for the proper operation of the municipal courts of record. The clerk and other court personnel shall perform their duties under the direction and control of the city manager.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01514. COURT REPORTER. The municipal court clerk shall appoint the court reporter.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01515. APPEAL. The County Court of Smith County has jurisdiction over an appeal.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
SUBCHAPTER OO. SANSOM PARK
§ 30.01541. APPLICATION. This subchapter applies to the City of Sansom Park.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01542. MAGISTRATES. (a) The governing body may appoint one or more magistrates in addition to magistrates provided under Article 2.09, Code of Criminal Procedure.
(b) A magistrate does not have to possess all the qualifications necessary to be a municipal court of record judge.
(c) A magistrate may not preside over the court or hear contested cases. (d) A magistrate may: (1) conduct an arraignment; (2) hold an indigency hearing; (3) accept a plea; (4) sign a judgment; (5) set the amount of a bond; and (6) perform other functions under Article 15.17, Code of Criminal Procedure.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01543. CLERK; OTHER PERSONNEL. The city administrator of the city shall appoint a clerk of the municipal court of record who may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01544. COURT REPORTER. The clerk of the court shall appoint the court reporter.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01545. APPEAL. The county criminal courts of Tarrant County have jurisdiction over an appeal.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01546. JOINT COURTS: CREATION. (a) The governing body of the city may contract with one or more municipalities that have municipal courts of record to establish a joint municipal court of record to serve the contracting municipalities.
(b) A joint municipal court of record created under this section replaces each municipality's individual municipal court of record.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01547. JOINT COURT: JUDGES. (a) Notwithstanding any other law, a joint municipal court of record created under Section 30.01546 is presided over by a municipal judge or alternate municipal judge who is appointed by a majority vote of each of the governing bodies of the contracting municipalities for a two-year term.
(b) The judge of a joint municipal court of record may be removed from office as provided by Section 30.000085 by the governing bodies of the contracting municipalities at any time for incompetency, misconduct, malfeasance, or inability to perform the tasks of the office.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01548. JOINT COURTS: JURISDICTION. (a) The jurisdiction of a joint municipal court of record created under Section 30.01546 is the combined jurisdiction of the municipal courts of the contracting municipalities.
(b) An appeal from a joint municipal court of record created under Section 30.01546 is to the county criminal court of the county in which the offense occurred. If that county does not have a county criminal court, appeal is to the county court of law of the county.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01549. JOINT COURT: PROSECUTING ATTORNEY. A municipality that contracts under Section 30.01546 may provide its own prosecuting attorney or the contracting municipalities may agree on the selection of one or more prosecuting attorneys.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01550. JOINT COURT: APPLICABLE LAW. (a) The municipalities by contract shall select one of the contracting municipality's enabling statutes as the source of applicable procedural requirements for the operation of the joint municipal court of record established under Section 30.01546.
(b) All of the provisions of the statute selected under Subsection (a) apply to the operation of the joint municipal court of record. If there is a conflict with any of the provisions in Sections 30.01546-30.01549, those sections control.
(c) Any matter that is not governed by the contracting municipalities' enabling legislation or other law shall be resolved by the contract entered into under Section 30.01546.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
SUBCHAPTER PP. FARMERS BRANCH
§ 30.01591. APPLICATION. This subchapter applies to the City of Farmers Branch.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01592. CREATION. On creation of the initial municipal court of record, the governing body of the city shall determine the method of selecting the judge of a municipal court of record by:
(1) adopting an ordinance that provides for the appointment of a municipal judge by the governing body of the city;
(2) adopting an ordinance that provides for the election of a municipal judge by the qualified voters of the city; or
(3) ordering an election in which the qualified voters of the city determine whether a municipal judge is appointed by the governing body of the city or elected.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01593. CLERK; OTHER PERSONNEL. (a) The city manager shall appoint a clerk of the municipal court of record, who shall be known as the municipal court clerk.
(b) The clerk may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01594. COURT REPORTER. The clerk of the court shall appoint the court reporter.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01595. APPEAL. The county criminal courts of appeal of Dallas County have jurisdiction of appeals from the municipal courts of record.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
SUBCHAPTER QQ. HILL COUNTRY VILLAGE
§ 30.01631. APPLICATION. This subchapter applies to the City of Hill Country Village.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01632. CLERK; OTHER PERSONNEL. The city secretary shall be, ex officio, the clerk of the municipal court of record and may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01633. COURT REPORTER. The clerk of the court shall appoint the court reporter.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01634. APPEAL. The county courts at law of Bexar County have jurisdiction over an appeal.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
SUBCHAPTER RR. RIO BRAVO
§ 30.01691. APPLICATION. This subchapter applies to the City of Rio Bravo.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01692. CLERK; OTHER PERSONNEL. The city manager or city administrator of the city shall appoint a clerk of the municipal court of record who may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01693. COURT REPORTER. The clerk of the court shall appoint the court reporter.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
§ 30.01694. APPEAL. The county courts at law of Webb County have jurisdiction over an appeal.
Added by Acts 1999, 76th Leg., ch. 691, § 136, eff. Sept. 1, 1999.
SUBCHAPTER SS. LIVE OAK
§ 30.01721. APPLICATION. This subchapter applies to the City of Live Oak.
Added by Acts 1999, 76th Leg., ch. 691, § 137, eff. Sept. 1, 1999.
§ 30.01722. CLERK; OTHER PERSONNEL. The city secretary shall be, ex officio, the clerk of the municipal court of record and may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office.
Added by Acts 1999, 76th Leg., ch. 691, § 137, eff. Sept. 1, 1999.
§ 30.01723. COURT REPORTER. The clerk of the court shall appoint the court reporter.
Added by Acts 1999, 76th Leg., ch. 691, § 137, eff. Sept. 1, 1999.
§ 30.01724. APPEAL. The county courts at law of Bexar County have jurisdiction over an appeal.
Added by Acts 1999, 76th Leg., ch. 691, § 137, eff. Sept. 1, 1999.
SUBCHAPTER TT. FLOWER MOUND
§ 30.01751. APPLICATION. This subchapter applies to the Town of Flower Mound.
Added by Acts 1999, 76th Leg., ch. 691, § 138, eff. Sept. 1, 1999.
§ 30.017515. JUDGE. (a) A municipal court of record is presided over by a municipal judge.
(b) A municipal judge is appointed by the mayor with the concurrence of the governing body of the municipality and serves at the pleasure of the governing body.
(c) A municipal judge shall: (1) devote as much time to the office as necessary; and (2) take judicial notice of state law, municipal ordinances, and the corporate limits of the municipality.
(d) If there is more than one municipal judge appointed under Subsection (b), the mayor shall appoint one of the judges as the presiding municipal judge.
(e) A municipal judge is entitled to a salary from the municipality, the amount of which is determined by the governing body of the municipality. The amount of a municipal judge's salary may not be based directly or indirectly on fines, fees, or costs collected by the court.
Added by Acts 1999, 76th Leg., ch. 691, § 138, eff. Sept. 1, 1999.
§ 30.01752. COURT REPORTER. The municipal court clerk shall appoint the court reporter. The town manager shall set the compensation of the court reporter.
Added by Acts 1999, 76th Leg., ch. 691, § 138, eff. Sept. 1, 1999.
§ 30.01753. APPEAL. The appropriate county court of Denton County having jurisdiction over appeals from municipal courts shall have jurisdiction over any appeal.
Added by Acts 1999, 76th Leg., ch. 691, § 138, eff. Sept. 1, 1999.
SUBCHAPTER UU. WESTLAKE
§ 30.01781. APPLICATION; DEFINITION. (a) This subchapter applies to the Town of Westlake located in Tarrant and Denton counties.
(b) In this subchapter, "appellate courts" means the county courts at law of Tarrant County that have criminal appellate jurisdiction.
Added by Acts 2001, 77th Leg., ch. 602, § 1, eff. June 11, 2001.
SUBCHAPTER VV. TROPHY CLUB
§ 30.01811. APPLICATION; DEFINITION. (a) This subchapter applies to the Town of Trophy Club located in Tarrant and Denton counties.
(b) In this subchapter, "appellate courts" means the county courts at law of Denton County that have criminal appellate jurisdiction.
Added by Acts 2001, 77th Leg., ch. 903, § 1, eff. June 14, 2001.
SUBCHAPTER XX. BEDFORD
§ 30.01881. APPLICATION. This subchapter applies to the City of Bedford.
Added by Acts 2003, 78th Leg., ch. 773, § 1, eff. June 20, 2003.
§ 30.01882. JUDGE. The governing body of the city may determine by ordinance whether a municipal judge is appointed by the governing body or elected by the qualified voters of the city by a majority vote. A municipal judge serves for a term of three years.
Added by Acts 2003, 78th Leg., ch. 773, § 1, eff. June 20, 2003. § 32.302. SALARY OF SPECIAL JUDGES. (a) The salary of a special judge commissioned by the governor under Article V, Section 11, of the Texas Constitution or elected by practicing lawyers or agreed on by parties as provided by law is determined and paid in accordance with this section.
(b) The special judge is entitled to the same salary as a district judge for every day the special judge performs the duties of judge. In addition, a special judge commissioned by the governor is entitled to the same pay as a district judge for each day the special judge is necessarily occupied going to and returning from the place the judge is required to hold court.
(c) The amount of the special judge's daily salary is determined by dividing the salary of a district judge by 365.
(d) A special judge commissioned by the governor must present a sworn account to the comptroller of public accounts. The account must show the number of days necessarily occupied in going to and coming from the place the special judge was required to hold court and must be accompanied by evidence that the special judge was properly commissioned. The account must be certified to be correct by the judge or clerk of the judicial district in which the special judge performed services.
(e) A special judge elected by practicing lawyers or agreed to by parties must present to the comptroller of public accounts a certificate of the clerk of the judicial district in which the special judge performed services showing the record of the election or appointment and the services rendered. The certificate must be accompanied by the sworn account of the special judge showing the number of days actually served as judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 32.303. AUTOMOBILE ALLOWANCE. A commissioners court may pay the judges of the district courts in the county an automobile allowance in an amount set by the commissioners court for automobile expenses incurred in performing official duties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 431, § 1, eff. June 14, 1989; Acts 1989, 71st Leg., ch. 605, § 1, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 16, § 8.02, eff. Aug. 26, 1991. § 33.001. DEFINITIONS. (a) In this chapter: (1) "Censure" means an order of denunciation issued by the commission under Section 1-a(8), Article V, Texas Constitution, or an order issued by a review tribunal under Section 1-a(9), Article V, Texas Constitution.
(2) "Chairperson" means the member of the commission selected by the members of the commission to serve as its presiding officer.
(3) "Clerk" means the individual designated by the commission to assist in:
(A) formal proceedings before the commission or a special master; or (B) proceedings before a special court of review. (4) "Commission" means the State Commission on Judicial Conduct. (5) "Examiner" means an individual, including an employee or special counsel of the commission, appointed by the commission to gather and present evidence before a special master, the commission, a special court of review, or a review tribunal.
(6) "Formal hearing" means the public evidentiary phase of formal proceedings conducted before the commission or a special master.
(7) "Formal proceedings" means the proceedings ordered by the commission concerning the public censure, removal, or retirement of a judge.
(8) "Judge" means a justice, judge, master, magistrate, or retired or former judge as described by Section 1-a, Article V, Texas Constitution, or other person who performs the functions of the justice, judge, master, magistrate, or retired or former judge.
(9) "Review tribunal" means a panel of seven justices of the courts of appeal selected by lot by the chief justice of the supreme court to review a recommendation of the commission for the removal or retirement of a judge under Section 1-a(9), Article V, Texas Constitution.
(10) "Sanction" means an order issued by the commission under Section 1-a(8), Article V, Texas Constitution, providing for a private or public admonition, warning, or reprimand or requiring that a person obtain additional training or education.
(11) "Special court of review" means a panel of three justices of the courts of appeal selected by lot by the chief justice of the supreme court on petition to review a sanction issued by the commission.
(12) "Special master" means a master appointed by the supreme court under Section 1-a, Article V, Texas Constitution.
(b) For purposes of Section 1-a, Article V, Texas Constitution, "wilful or persistent conduct that is clearly inconsistent with the proper performance of a judge's duties" includes:
(1) wilful, persistent, and unjustifiable failure to timely execute the business of the court, considering the quantity and complexity of the business;
(2) wilful violation of a provision of the Texas penal statutes or the Code of Judicial Conduct;
(3) persistent or wilful violation of the rules promulgated by the supreme court;
(4) incompetence in the performance of the duties of the office; (5) failure to cooperate with the commission; or (6) violation of any provision of a voluntary agreement to resign from judicial office in lieu of disciplinary action by the commission.
(c) The definitions provided by Subsections (b) and (d) are not exclusive. (d) For purposes of Subdivision (6), Section 1-a, Article V, Texas Constitution, a misdemeanor involving official misconduct includes a misdemeanor involving an act relating to a judicial office or a misdemeanor involving an act involving moral turpitude.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 462, § 1, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 917, § 1, eff. Sept. 1, 2001.
§ 33.002. COMMISSION. (a) The State Commission on Judicial Conduct is established under Section 1-a, Article V, Texas Constitution, and has the powers provided by that section.
(b) A constitutional or statutory reference to the State Judicial Qualifications Commission means the State Commission on Judicial Conduct.
(c) Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 462, § 2, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 917, § 2, eff. Sept. 1, 2001.
§ 33.003. SUNSET PROVISION. The State Commission on Judicial Conduct is subject to review under Chapter 325 (Texas Sunset Act), but is not abolished under that chapter. The commission shall be reviewed during the period in which state agencies abolished in 2001 and every 12th year after 2001 are reviewed.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1985, 69th Leg., ch. 480, § 21, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 148, § 2.47(a), eff. Sept. 1, 1987; Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 5.13, eff. Nov. 12, 1991.
§ 33.0032. CONFLICT OF INTEREST. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b) A person may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid consultant of a Texas trade association the members of which are subject to regulation by the commission; or
(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association the members of which are subject to regulation by the commission.
(c) A person may not act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the commission.
Added by Acts 2001, 77th Leg., ch. 917, § 3, eff. Sept. 1, 2001.
§ 33.004. COMPENSATION AND EXPENSES OF COMMISSION MEMBERS AND SPECIAL MASTERS. (a) A member of the commission serves without compensation for services, but is entitled to reimbursement for expenses as provided by this section.
(b) A special master who is an active district judge or justice of the court of appeals is entitled to a per diem of $25 for each day or part of a day that the person spends in the performance of the duties of special master. The per diem is in addition to other compensation and expenses authorized by law.
(c) A special master who is a retired judge of a district court or the court of criminal appeals or a retired justice of a court of appeals or the supreme court is entitled to compensation in the same manner as provided by Section 74.061. For purposes of this subsection, the term "court" in Section 74.061(c) means the district court in the county in which formal proceedings are heard by the special master.
(d) A member or employee of the commission or a special master is entitled to necessary expenses for travel, board, and lodging incurred in the performance of official duties.
(e) Payment shall be made under this section on certificates of approval by the commission.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 917, § 4, eff. Sept. 1, 2001.
§ 33.0041. REMOVAL OF COMMISSION MEMBER; NOTIFICATION PROCEDURES. If the executive director has knowledge that a potential ground for removal of a commission member exists, the executive director shall notify the presiding officer of the commission of the potential ground. The presiding officer shall then notify the governor, the supreme court, the state bar, and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the commission, who shall then notify the governor, the supreme court, the state bar, and the attorney general that a potential ground for removal exists.
Added by Acts 2001, 77th Leg., ch. 917, § 5, eff. Sept. 1, 2001.
§ 33.0042. REQUIREMENTS FOR OFFICE OR EMPLOYMENT: INFORMATION. The executive director or the executive director's designee shall provide to members of the commission and to agency employees, as often as necessary, information regarding the requirements for office or employment under this chapter and Section 1-a, Article V, Texas Constitution, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 2001, 77th Leg., ch. 917, § 5, eff. Sept. 1, 2001.
§ 33.0043. COMMISSION MEMBER TRAINING. (a) A person who is appointed to and qualifies for office as a member of the commission shall complete a training program that complies with this section.
(b) The training program must provide the person with information regarding:
(1) the legislation that created the commission; (2) the programs operated by the commission; (3) the role and functions of the commission; (4) the rules of the commission with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5) the current budget for the commission; (6) the results of the most recent formal audit of the commission; (7) the requirements of laws relating to public officials, including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(c) A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 2001, 77th Leg., ch. 917, § 5, eff. Sept. 1, 2001.
§ 33.0044. DIVISION OF RESPONSIBILITY. The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and staff of the commission.
Added by Acts 2001, 77th Leg., ch. 917, § 5, eff. Sept. 1, 2001.
§ 33.0045. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT. (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b) The policy statement must include: (1) personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the commission to avoid the unlawful employment practices described by Chapter 21, Labor Code; and
(2) an analysis of the extent to which the composition of the commission's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(c) The policy statement must: (1) be updated annually; (2) be reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Added by Acts 2001, 77th Leg., ch. 917, § 5, eff. Sept. 1, 2001.
§ 33.0046. STATE EMPLOYEE INCENTIVE PROGRAM: INFORMATION AND TRAINING. The executive director or the executive director's designee shall provide to agency employees information and training on the benefits and methods of participation in the state employee incentive program.
Added by Acts 2001, 77th Leg., ch. 917, § 5, eff. Sept. 1, 2001.
§ 33.005. ANNUAL REPORT. (a) Not later than December 1 of each year, the commission shall submit to the legislature a report for the preceding fiscal year ending August 31.
(b) The report must include: (1) an explanation of the role of the commission; (2) annual statistical information and examples of improper judicial conduct;
(3) an explanation of the commission's processes; and (4) changes the commission considers necessary in its rules or the applicable statutes or constitutional provisions.
(c) The commission shall distribute the report to the governor, lieutenant governor, speaker of the house of representatives, and editor of the Texas Bar Journal.
(d) The legislature shall appropriate funds for the preparation and distribution of the report.
(e) The Texas Bar Journal shall periodically publish public statements, sanctions, and orders of additional education issued by the commission.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 646, § 3, eff. Aug. 28, 1989; Acts 1999, 76th Leg., ch. 462, § 3, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 917, § 6, eff. Sept. 1, 2001.
§ 33.006. IMMUNITY FROM LIABILITY. (a) This section applies to: (1) the commission; (2) a member of the commission; (3) the executive director of the commission; (4) an employee of the commission; (5) a special master appointed under Section 1-a(8), Article V, Texas Constitution;
(6) special counsel for the commission and any person employed by the special counsel; and
(7) any other person appointed by the commission to assist the commission in performing its duties.
(b) A person to which this section applies is not liable for an act or omission committed by the person within the scope of the person's official duties.
(c) The immunity from liability provided by this section is absolute and unqualified and extends to any action at law or in equity.
Added by Acts 1999, 76th Leg., ch. 462, § 4, eff. June 18, 1999. Amended by Acts 2001, 77th Leg., ch. 917, § 7, eff. Sept. 1, 2001.
§ 33.007. DISTRIBUTION OF MATERIALS TO JUDGES AND THE PUBLIC. (a) The commission shall develop and distribute plain-language materials as described by this section to judges and the public.
(b) The materials must include a description of: (1) the commission's responsibilities; (2) the types of conduct that constitute judicial misconduct; (3) the types of sanctions issued by the commission, including orders of additional education; and
(4) the commission's policies and procedures relating to complaint investigation and resolution.
(c) The materials shall be provided in English and Spanish. (d) The commission shall provide to each person filing a complaint with the commission the materials described by this section.
(e) The commission shall adopt a policy to effectively distribute materials as required by this section.
Added by Acts 2001, 77th Leg., ch. 917, § 8, eff. Sept. 1, 2001.
§ 33.008. JUDICIAL MISCONDUCT INFORMATION. The commission shall routinely provide to entities that provide education to judges information relating to judicial misconduct resulting in sanctions or orders of additional education issued by the commission. The commission shall categorize the information by level of judge and type of misconduct.
Added by Acts 2001, 77th Leg., ch. 917, § 8, eff. Sept. 1, 2001.
SUBCHAPTER B. POWERS AND DUTIES
§ 33.021. GENERAL POWERS OF COMMISSION. The commission may: (1) design and use a seal; (2) employ persons that it considers necessary to carry out the duties and powers of the commission;
(3) employ special counsel as it considers necessary; (4) arrange for attendance of witnesses; (5) arrange for and compensate expert witnesses and reporters; and (6) pay from its available funds the reasonably necessary expenses of carrying out its duties under the constitution, including providing compensation to special masters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 462, § 5, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 917, § 10, eff. Sept. 1, 2001.
§ 33.0211. COMPLAINTS. (a) The commission shall maintain a file on each written complaint filed with the commission. The file must include:
(1) the name of the person who filed the complaint; (2) the date the complaint is received by the commission; (3) the subject matter of the complaint; (4) the name of each person contacted in relation to the complaint; (5) a summary of the results of the review or investigation of the complaint; and
(6) an explanation of the reason the file was closed, if the commission closed the file without taking action other than to investigate the complaint.
(b) The commission, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
Added by Acts 2001, 77th Leg., ch. 917, § 11, eff. Sept. 1, 2001.
§ 33.022. INVESTIGATIONS AND FORMAL PROCEEDINGS. (a) The commission may conduct a preliminary investigation of the circumstances surrounding an allegation or appearance of misconduct or disability of a judge to determine if the allegation or appearance is unfounded or frivolous.
(b) If, after conducting a preliminary investigation under this section, the commission determines that an allegation or appearance of misconduct or disability is unfounded or frivolous, the commission shall terminate the investigation.
(c) If, after conducting a preliminary investigation under this section, the commission does not determine that an allegation or appearance of misconduct or disability is unfounded or frivolous, the commission:
(1) shall: (A) conduct a full investigation of the circumstances surrounding the allegation or appearance of misconduct or disability; and
(B) notify the judge in writing of: (i) the commencement of the investigation; and (ii) the nature of the allegation or appearance of misconduct or disability being investigated; and
(2) may: (A) order the judge to: (i) submit a written response to the allegation or appearance of misconduct or disability; or
(ii) appear informally before the commission; (B) order the deposition of any person; or (C) request the complainant to appear informally before the commission. (d) The commission shall serve an order issued by the commission under Subsection (c)(2)(B) on the person who is the subject of the deposition and the judge who is the subject of the investigation. The order must be served within a reasonable time before the date of the deposition.
(e) The commission may file an application in a district court to enforce an order issued by the commission under Subsection (c)(2)(B).
(f) The commission shall notify the judge in writing of the disposition of a full investigation conducted by the commission under this section.
(g) If after the investigation has been completed the commission concludes that formal proceedings will be instituted, the matter shall be entered in a docket to be kept for that purpose and written notice of the institution of formal proceedings shall be served on the judge without delay. The proceedings shall be entitled:
"Before the State Commission on Judicial Conduct
Inquiry Concerning a Judge, No. ___"
(h) The notice shall specify in ordinary and concise language the charges against the judge and the alleged facts on which the charges are based and the specific standards contended to have been violated. The judge is entitled to file a written answer to the charges against the judge not later than the 15th day after the notice is served on the judge, and the notice shall so advise the judge.
(i) The notice shall be served on the judge or the judge's attorney of record by personal service of a copy of the notice by a person designated by the chairperson. The person serving the notice shall promptly notify the clerk in writing of the date on which the notice was served. If it appears to the chairperson on affidavit that, after reasonable effort during a period of 10 days, personal service could not be had, service may be made by mailing by registered or certified mail copies of the notice addressed to the judge at the judge's chambers or at the judge's last known residence in an envelope marked "personal and confidential." The date of mailing shall be entered in the docket.
(j) A judge at the judge's request may elect to have any hearing open to the public or to persons designated by the judge. The right of a judge to an open hearing does not preclude placing witnesses under the rule as provided by the Texas Rules of Civil Procedure.
(k) A judge is not entitled to a jury trial in formal proceedings before a special master or the commission.
(l) The commission shall adopt procedures for hearing from judges and complainants appearing before the commission. The procedures shall ensure the confidentiality of a complainant's identity as provided under Section 33.0321.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 486, § 1, eff. Aug. 31, 1987; Acts 1993, 73rd Leg., ch. 596, § 1, 2, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 462, § 6, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 917, § 12, eff. Sept. 1, 2001.
§ 33.023. PHYSICAL OR MENTAL INCAPACITY OF JUDGE. (a) In any investigation or proceeding that involves the physical or mental incapacity of a judge, the commission may order the judge to submit to a physical or mental examination by one or more qualified physicians or a mental examination by one or more qualified psychologists selected and paid for by the commission.
(b) The commission shall give the judge written notice of the examination not later than 10 days before the date of the examination. The notice must include the physician's name and the date, time, and place of the examination.
(c) Each examining physician shall file a written report of the examination with the commission and the report shall be received as evidence without further formality. On request of the judge or the judge's attorney, the commission shall give the judge a copy of the report. The physician's oral or deposition testimony concerning the report may be required by the commission or by written demand of the judge.
(d) If a judge refuses to submit to a physical or mental examination ordered by the commission under this section, the commission may petition a district court for an order compelling the judge to submit to the physical or mental examination.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 462, § 7, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 917, § 13, eff. Sept. 1, 2001.
§ 33.024. OATHS AND SUBPOENAS. In conducting an investigation, formal proceedings, or proceedings before a special court of review, a commission member, special master, or member of a special court of review may:
(1) administer oaths; (2) order and provide for inspection of books and records; and (3) issue a subpoena for attendance of a witness or production of papers, books, accounts, documents, and testimony relevant to the investigation or proceeding.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 462, § 8, eff. June 18, 1999.
§ 33.025. ENFORCEMENT OF SUBPOENA. (a) The commission may file an application in a district court or, if appropriate, with a special master or special court of review, to enforce a subpoena issued by the commission under this chapter.
(b) A special master or special court of review may enforce by contempt a subpoena issued by the commission, the special master, or the special court of review.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 462, § 9, eff. June 18, 1999.
§ 33.026. WITNESS IMMUNITY. (a) In a proceeding or deposition related to a proceeding before the commission, a special master, or a special court of review, the commission, special master, or special court of review may compel a person other than the judge to testify or produce evidence over the person's claim of privilege against self-incrimination.
(b) A person compelled to testify over a proper claim of privilege against self-incrimination is not subject to indictment or prosecution for a matter or transaction about which the person truthfully testifies or produces evidence.
(c) A special master has the same powers as a district judge in matters of contempt and granting immunity.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 462, § 10, eff. June 18, 1999.
§ 33.027. DISCOVERY. (a) In formal proceedings or in a proceeding before a special court of review, discovery shall be conducted, to the extent practicable, in the manner provided by the rules applicable to civil cases generally.
(b) On request, a special master, the commission, or a special court of review shall expedite the discovery in formal proceedings or in a proceeding before a special court of review.
(c) The following may not be the subject of a discovery request in formal proceedings or in a proceeding before a special court of review:
(1) the discussions, thought processes, or individual votes of members of the commission;
(2) the discussions or thought processes of employees of the commission, including special counsel for the commission; or
(3) the identity of a complainant or informant if the person requests that the person's identity be kept confidential.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 462, § 11, eff. June 18, 1999.
§ 33.028. PROCESS AND ORDERS. (a) Process issued under this chapter is valid anywhere in the state.
(b) A peace officer, an employee of the commission, or any other person whom the commission, a special master, or a special court of review designates may serve process or execute a lawful order of the commission, the special master, or the special court of review.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 462, § 12, eff. June 18, 1999.
§ 33.029. WITNESSES' EXPENSES. A witness called to testify by the commission other than an officer or employee of the state or a political subdivision or court of the state is entitled to the same mileage expenses and per diem as a witness before a state grand jury. The commission shall pay these amounts from its appropriated funds.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 462, § 13, eff. June 18, 1999.
§ 33.030. ASSISTANCE TO COMMISSION, SPECIAL MASTER, OR SPECIAL COURT OF REVIEW. (a) On request of the commission, the attorney general shall act as its counsel generally or in a particular investigation or proceeding.
(b) A state or local government body or department, an officer or employee of a state or local government body, or an official or agent of a state court shall cooperate with and give reasonable assistance and information to the commission, an authorized representative of the commission, a special master, or a special court of review concerning an investigation or proceeding before the commission, special master, or special court of review.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 462, § 14, eff. June 18, 1999.
§ 33.031. NO AWARD OF COSTS. Court costs or attorney's fees may not be awarded in a proceeding under this chapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 462, § 15, eff. June 18, 1999.
§ 33.032. CONFIDENTIALITY OF PAPERS, RECORDS, AND PROCEEDINGS. (a) Except as otherwise provided by this section and Section 33.034, the papers filed with and proceedings before the commission are confidential prior to the filing of formal charges.
(b) The formal hearing and any evidence introduced during the formal hearing, including papers, records, documents, and pleadings filed with the clerk, shall be public.
(c) On issuance of a public admonition, warning, reprimand, or public requirement that a person obtain additional training or education by the commission, the record of the informal appearance and the documents presented to the commission during the informal appearance that are not protected by attorney-client or work product privilege shall be public.
(d) The disciplinary record of a judge, including any private sanctions, is admissible in a subsequent proceeding before the commission, a special master, a special court of review, or a review tribunal.
(e) On the filing of a written request by a judge, the commission may release to the person designated in the request, including the judge, the number, nature, and disposition of a complaint filed against the judge with the commission, except that the commission may refuse to release the identity of a complainant.
(f) The commission may release to the Office of the Chief Disciplinary Counsel of the State Bar of Texas information indicating that an attorney, including a judge who is acting in the judge's capacity as an attorney, has violated the Texas Disciplinary Rules of Professional Conduct.
(g) If the commission issues an order suspending a judge who has been indicted for a criminal offense, the order, any withdrawal of the order, and all records and proceedings related to the suspension shall be public.
(h) A voluntary agreement to resign from judicial office in lieu of disciplinary action by the commission shall be public on the commission's acceptance of the agreement. The agreement and any agreed statement of facts relating to the agreement are admissible in a subsequent proceeding before the commission. An agreed statement of facts may be released to the public only if the judge violates a term of the agreement.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 486, § 2, eff. Aug. 31, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 47, § 1, eff. Oct. 20, 1987; Acts 1999, 76th Leg., ch. 462, § 16, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 917, § 14, eff. Sept. 1, 2001.
§ 33.0321. CONFIDENTIALITY OF COMPLAINANT'S IDENTITY. On the request of a complainant, the commission may keep the complainant's identity confidential.
Added by Acts 2001, 77th Leg., ch. 917, § 15, eff. Sept. 1, 2001.
§ 33.033. NOTIFICATION TO COMPLAINANT. (a) The commission shall promptly notify a complainant of the disposition of the case.
(b) The communication shall inform the complainant that: (1) the case has been dismissed; (2) a private sanction or order of additional education has been issued by the commission;
(3) a public sanction has been issued by the commission; (4) formal proceedings have been instituted; or (5) a judge has resigned from judicial office in lieu of disciplinary action by the commission.
(c) The communication may not contain the name of a judge unless a public sanction has been issued by the commission or formal proceedings have been instituted.
(d) If a public sanction has been issued by the commission, the communication must include a copy of the public sanction.
(e) If the complaint is dismissed by the commission, the commission shall include in the notification under Subsection (a):
(1) an explanation of each reason for the dismissal; and (2) information relating to requesting reconsideration of the dismissed complaint as provided by Sections 33.035(a) and (f).
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 486, § 3, eff. Aug. 31, 1987; Acts 1999, 76th Leg., ch. 462, § 17, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 917, § 16, eff. Sept. 1, 2001.
§ 33.034. REVIEW OF COMMISSION DECISION. (a) A judge who receives from the commission any type of sanction is entitled to a review of the commission's decision as provided by this section. This section does not apply to a decision by the commission to institute formal proceedings.
(b) Not later than the 30th day after the date on which the commission issues its decision, the judge must file with the chief justice of the supreme court a written request for appointment of a special court of review.
(c) Not later than the 10th day after the chief justice receives the written request, the chief justice shall select by lot the court of review. The court of review is composed of three court of appeals justices, other than a justice serving in a court of appeals district in which the judge petitioning for review of the commission's order serves and other than a justice serving on the commission. The chief justice shall notify the petitioner and the commission of the identities of the justices appointed to the court and of the date of their appointment. Service on the court shall be considered a part of the official duties of a justice, and no additional compensation may be paid for the service.
(d) Within 15 days after the appointment of the court of review, the commission shall file with the clerk a charging document that includes a copy of the sanction issued and any additional charges to be considered in the de novo proceeding. The charging document is public on its filing with the clerk. On receipt of the filing of the charging document, the clerk shall send the charging document to the judge who is the subject of the document and to each justice on the court of review.
(e) The review by the court under this section is by trial de novo as that term is used in the appeal of cases from justice to county court. Any hearings of the court shall be public and shall be held at the location determined by the court. Any evidence introduced during a hearing, including papers, records, documents, and pleadings filed with the clerk in the proceedings, is public.
(f) Except as otherwise provided by this section, the procedure for the review is governed to the extent practicable by the rules of law, evidence, and procedure that apply to the trial of civil actions generally.
(g) A judge is not entitled to a trial by jury in a review under this section.
(h) Within 30 days after the date on which the charging document is filed with the clerk, the court shall conduct a hearing on the charging document. The court may, if good cause is shown, grant one or more continuances not to exceed a total of 60 days. Within 60 days after the hearing, the court shall issue a decision as to the proper disposition of the appeal.
(i) The court's decision under this section is not appealable.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 47, § 2, eff. Oct. 20, 1987. Amended by Acts 1999, 76th Leg., ch. 462, § 18, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 917, § 17, eff. Sept. 1, 2001.
§ 33.035. RECONSIDERATION OF COMPLAINT. (a) A complainant may request reconsideration of a dismissed complaint if, not later than the 30th day after the date of the communication informing the complainant of the dismissal, the complainant provides additional evidence of misconduct committed by the judge.
(b) The commission shall deny a request for reconsideration if the complainant does not meet the requirements under Subsection (a). The commission shall notify the complainant of the denial in writing.
(c) The commission shall grant a request for reconsideration if the complainant meets the requirements under Subsection (a). After granting a request, the commission shall vote to:
(1) affirm the original decision to dismiss the complaint; or (2) reopen the complaint. (d) The commission shall notify the complainant of the results of the commission's vote under Subsection (c) in writing.
(e) The commission shall conduct an appropriate investigation of a complaint reopened under Subsection (c)(2). The investigation shall be conducted by commission staff who were not involved in the original investigation.
(f) A complainant may request reconsideration of a dismissed complaint under this section only once.
Added by Acts 2001, 77th Leg., ch. 917, § 18, eff. Sept. 1, 2001.
§ 33.036. CERTAIN DISCLOSURE OF INFORMATION. (a) To protect the public interest, the commission may disclose information relating to an investigation or proceeding under this chapter to:
(1) a law enforcement agency; (2) a public official who is authorized or required by law to appoint a person to serve as a judge;
(3) the supreme court; or (4) an entity that provides commission-ordered education to judges. (b) Information may be disclosed under this section only to the extent necessary for the recipient of the information to perform an additional duty or function.
Added by Acts 2001, 77th Leg., ch. 917, § 18, eff. Sept. 1, 2001.
§ 33.037. SUSPENSION PENDING APPEAL. If a judge who is convicted of a felony or a misdemeanor involving official misconduct appeals the conviction, the commission shall suspend the judge from office without pay pending final disposition of the appeal.
Added by Acts 2001, 77th Leg., ch. 917, § 18, eff. Sept. 1, 2001.
§ 33.038. AUTOMATIC REMOVAL. A judge is automatically removed from the judge's office if the judge is convicted of or is granted deferred adjudication for:
(1) a felony; or (2) a misdemeanor involving official misconduct.
Added by Acts 2001, 77th Leg., ch. 917, § 18, eff. Sept. 1, 2001.
SUBCHAPTER C. JUDICIAL CONDUCT
§ 33.051. SOLICITATION OR ACCEPTANCE OF REFERRAL FEES OR GIFTS BY JUDGE; CRIMINAL PENALTY. (a) A judge commits an offense if the judge solicits or accepts a gift or a referral fee in exchange for referring any kind of legal business to an attorney or law firm. This subsection does not prohibit a judge from:
(1) soliciting funds for appropriate campaign or officeholder expenses as permitted by Canon 4D, Code of Judicial Conduct, and state law; or
(2) accepting a gift in accordance with the provisions of Canon 4D, Code of Judicial Conduct.
(b) It is an affirmative defense to prosecution under Subsection (a) that: (1) the judge solicited the gift or referral fee before taking the oath of office but accepted the gift or fee after taking the oath of office; or
(2) the judge solicited or accepted the gift or referral fee after taking the oath of office in exchange for referring to an attorney or law firm legal business that the judge was engaged in but was unable to complete before taking the oath of office.
(c) An offense under this section is a Class B misdemeanor. (d) If, after an investigation, the commission determines that a judge engaged in conduct described by Subsection (a) to which Subsection (b) does not apply, the commission may issue a sanction against the judge or institute formal proceedings, regardless of whether the judge is being prosecuted or has been convicted of an offense under this section.
(e) An attorney or judge who has information that a judge engaged in conduct described by Subsection (a) to which Subsection (b) does not apply shall file a complaint with the commission not later than the 30th day after the date the attorney or judge obtained the information. A judge who fails to comply with this subsection is subject to sanctions by the commission. An attorney who fails to comply with this subsection is subject to discipline by the Commission for Lawyer Discipline under Subchapter E, Chapter 81.
(f) For purposes of this section: (1) "Judge" does not include a constitutional county court judge, a statutory county court judge who is authorized by law to engage in the private practice of law, a justice of the peace, or a municipal court judge, if that judge or justice of the peace solicits or accepts a gift or a referral fee in exchange for referring legal business that involves a matter over which that judge or justice of the peace will not preside in the court of that judge or justice of the peace.
(2) "Referral fee" includes forwarding fees, acknowledgment fees, and any form of payment, benefit, or compensation related to the referral or placement of a potential client for legal services.
Added by Acts 2003, 78th Leg., ch. 850, § 1, eff. Sept. 1, 2003. § 34.001. CANDIDATE SUBJECT TO CODE. (a) A person who has filed an application for a place on the ballot as provided by the Election Code for a judicial office listed in Subsection (b) is subject to Canon 7, Code of Judicial Conduct, and is subject to sanctions as provided by this chapter.
(b) This chapter applies to candidates for the following offices: (1) chief justice or justice of the supreme court; (2) presiding judge or judge of the court of criminal appeals; (3) chief justice or justice of a court of appeals; (4) district judge, including a criminal district judge; (5) judge of a statutory county court; (6) county judge who performs judicial functions; (7) justice of the peace; and (8) municipal court judge.
Added by Acts 1987, 70th Leg., ch. 425, § 1, eff. June 17, 1987. Amended by Acts 1989, 71st Leg., ch. 646, § 4, eff. Aug. 28, 1989.
§ 34.002. JUDGE. A candidate who is a judge subject to the authority of the State Commission on Judicial Conduct who violates the Code of Judicial Conduct is subject to sanctions by the commission.
Added by Acts 1987, 70th Leg., ch. 425, § 1, eff. June 17, 1987.
§ 34.003. ATTORNEY. A candidate who is an attorney and who violates Canon 7, Code of Judicial Conduct, or any other relevant provision of that code is subject to sanctions by the state bar.
Added by Acts 1987, 70th Leg., ch. 425, § 1, eff. June 17, 1987.
§ 34.004. OTHER CANDIDATE. A candidate other than a judge under Section 34.002 or an attorney under Section 34.003 who violates Canon 7, Code of Judicial Conduct, or any other relevant provision of that code is subject to review by the attorney general or the local district attorney for appropriate disciplinary action.
Added by Acts 1987, 70th Leg., ch. 425, § 1, eff. June 17, 1987. § 42.001. OFFICE; QUALIFICATIONS. (a) The court of criminal appeals shall appoint a state prosecuting attorney to represent the state in all proceedings before the court. The state prosecuting attorney may also represent the state in any stage of a criminal case before a state court of appeals if he considers it necessary for the interest of the state.
(b) A person appointed to the office of state prosecuting attorney must have at least five years' experience as an attorney in the practice of criminal law in this state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 42.002. OATH; TERM. (a) The state prosecuting attorney must take the oath required of state officials.
(b) The state prosecuting attorney serves a two-year term and continues to serve until a successor is appointed and has qualified.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 42.003. ASSISTANT STATE PROSECUTING ATTORNEYS. The state prosecuting attorney may appoint one or more assistant state prosecuting attorneys. An assistant state prosecuting attorney has the same duties and serves the same term of office as the state prosecuting attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 42.004. REMOVAL. The court of criminal appeals may remove state prosecuting attorneys from office for good cause.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 42.005. COOPERATION WITH OTHER PROSECUTING ATTORNEYS. (a) The state prosecuting attorney may assist a district or a county attorney in representing the state before a court of appeals if requested to do so by the district or county attorney.
(b) A district or county attorney may assist the state prosecuting attorney in representing the state before the court of criminal appeals.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. § 43.002. BOND. (a) Before assuming the duties of the office, a district attorney must give a bond that:
(1) is payable to the governor; (2) is in the sum of $5,000; (3) has two or more good and sufficient sureties; (4) is approved by the district judge; and (5) is conditioned that the district attorney will, in the manner prescribed by law, faithfully pay over all money that he collects or that comes into his hands for the state or a county.
(b) Each district attorney's bond shall be deposited in the office of the comptroller of public accounts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.003. FAILURE TO ATTEND COURT. If a district attorney fails to attend any term of the district court of a county in the district, the district clerk shall certify that failure to the comptroller of public accounts. Unless a satisfactory reason for the failure is shown to the comptroller, the district attorney may not receive salary for the time the district attorney failed to attend.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.004. EXPENSES. (a) A district attorney engaged in the discharge of official duties in a county other than the district attorney's county of residence is entitled to traveling and other necessary expenses, as provided by Chapter 660.
(b) A district attorney is entitled to receive from the state the actual and necessary postage, telegraph, and telephone expenses incurred in the discharge of official duties.
(c) The expenses shall be paid by the state on a sworn itemized account showing the expenses.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(105), eff. Sept. 1, 1995.
SUBCHAPTER B. PROVISIONS APPLICABLE TO SPECIFIC DISTRICTS
§ 43.101. 1ST JUDICIAL DISTRICT. The voters of Sabine and San Augustine counties elect a district attorney for the 1st Judicial District who represents the state in that district court only in those counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 739, § 1, eff. Sept. 1, 1997.
§ 43.102. 2ND JUDICIAL DISTRICT. The voters of the 2nd Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.104. 8TH JUDICIAL DISTRICT. The voters of Delta, Franklin, and Hopkins counties elect a district attorney for the 8th Judicial District who represents the state in that district only in those counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 11(b), eff. Sept. 1, 1991; Acts 1999, 76th Leg., ch. 917, § 1, eff. Sept. 1, 1999.
§ 43.105. 9TH JUDICIAL DISTRICT. (a) The voters of Montgomery County elect a district attorney for the 9th Judicial District who represents the state in that district court only in that county. The district attorney also acts as district attorney for the 410th Judicial District in Montgomery County.
(b) The district attorney shall represent the state in misdemeanor criminal cases pending in the district and inferior courts of the county.
(c) The district attorney, with the approval of the Commissioners Court of Montgomery County, may appoint the assistant district attorneys, investigators, secretaries, and other employees necessary to carry out the duties of the office of district attorney.
(d) An investigator appointed by the district attorney is not required to be a licensed attorney.
(e) The salary of each employee of the district attorney is fixed by the Commissioners Court of Montgomery County. The district attorney, assistant district attorneys, and investigators employed by the district attorney may be allowed the actual and necessary travel expenses incident to carrying out the duties of the district attorney, subject to the approval of the district attorney. This subsection does not apply to the portion of compensation or travel expenses paid by the state to the district attorney or his employees.
(f) The salary and expenses of the employees of the district attorney must be paid by the county at the regular pay period of the county from the officers' salary fund of the county, the general fund of the county, or both, at the discretion of the commissioners court.
(g) The compensation paid by the county to an employee of the district attorney or set for a position on the staff of the district attorney may not be less than the compensation paid by the county to the person or set for the position on June 14, 1973.
(h) The commissioners court may accept gifts and grants from an individual, partnership, corporation, trust, foundation, association, or political subdivision to finance adequate and effective prosecution, crime prevention, or rehabilitation programs in the county or district approved and administered by the district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 60, § 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 655, § 2.01, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 565, § 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 704, § 5, eff. Jan. 1, 1997; Acts 1999, 76th Leg., ch. 911, § 1, eff. Jan. 1, 2001.
§ 43.106. 12TH JUDICIAL DISTRICT. (a) The voters of Leon County elect a district attorney for the 12th Judicial District who represents the state in that district court only in Leon County.
(b) The district attorney of the 12th Judicial District also represents the state in all criminal and civil actions in which the state is interested that arise in the 87th Judicial District in Leon County.
(c) The district attorney may, with the consent of the Commissioners Court of Leon County, appoint a deputy district attorney.
(d) The Commissioners Court of Leon County shall pay the salary and traveling expenses of the deputy district attorney from the officers' salary fund. The salary shall be paid in equal monthly installments and expense claims shall be paid at the end of each month. The salary is subject to participation fully in the Texas County and District Retirement System.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 704, § 24, eff. Jan. 1, 1997; Acts 1997, 75th Leg., ch. 226, § 1, eff. Sept. 1, 1997.
§ 43.107. 18TH JUDICIAL DISTRICT. The voters of the 18th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.108. 21ST JUDICIAL DISTRICT. (a) The voters of Washington and Burleson counties elect a district attorney for the 21st Judicial District who represents the state in that district court only in those counties.
(b) The district attorney also represents the state and performs the duties of district attorney before the 335th District Court in Washington and Burleson counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.50(a), eff. Sept. 1, 1987; Acts 2003, 78th Leg., ch. 665, § 1, eff. June 20, 2003.
§ 43.110. 23RD JUDICIAL DISTRICT. (a) The voters of Matagorda County elect a district attorney for the 23rd Judicial District who represents the state in that district court only in that county.
(b) The district attorney also represents the state and performs the duties of district attorney before all the district courts in Matagorda County.
(c) The commissioners courts of the counties comprising the district may supplement the salary of the district attorney so that the total annual salary of the district attorney is not less than $12,000. The supplemental salary must be paid by each county proportionately according to the population of each county. The supplemental salary must be paid from the officers' salary funds of the counties, if those funds are adequate. If the officers' salary fund of a county is inadequate, the commissioners court shall transfer the necessary amount from the general fund of the county to the officers' salary fund.
(d) The district attorney also handles all: (1) felony and misdemeanor criminal matters in all of the courts in Matagorda County; and
(2) juvenile matters under Title 3, Family Code, in all of the courts in Matagorda County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 457, § 1, eff. Sept. 1, 1995.
§ 43.111. 24TH JUDICIAL DISTRICT. (a) The voters of DeWitt, Goliad, and Refugio counties elect a district attorney for the 24th Judicial District who represents the state in that district court only in those counties.
(b) The district attorney also represents the state in all cases before the 135th Judicial District Court in DeWitt, Goliad, and Refugio counties.
(c) The commissioners courts of DeWitt, Goliad, and Refugio counties may supplement the state salary of the district attorney in the amount they consider proper. The supplemental compensation must be paid in equal monthly installments in proportion to the population of those counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.112. 25TH JUDICIAL DISTRICT. The voters of Gonzales, Guadalupe, and Lavaca counties elect a district attorney for the 25th Judicial District who represents the state in that district court only in those counties. In addition to exercising the duties and authority conferred on district attorneys by general law, the district attorney represents the state in all criminal cases in the district courts in those counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1448, § 1, eff. Sept. 1, 1997.
§ 43.113. 26TH JUDICIAL DISTRICT. The voters of the 26th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.114. 27TH JUDICIAL DISTRICT. (a) The voters of Bell County elect a district attorney for the 27th Judicial District who represents the state in the district courts having jurisdiction in that county.
(b) An investigator appointed by the district attorney is not required to be a licensed attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 4, eff. Sept. 1, 1991.
§ 43.115. 29TH JUDICIAL DISTRICT. (a) The voters of the 29th Judicial District elect a district attorney.
(b) The commissioners court of a county in the 29th Judicial District may accept gifts and grants from any political subdivision to finance adequate and effective prosecution programs within the county or district. A municipality in the county or district may allocate or grant money, in amounts approved by the governing body of the municipality, for the support and maintenance of an effective prosecution program.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.117. 31ST JUDICIAL DISTRICT. The voters of the 31st Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 91, § 1, eff. Aug. 30, 1993.
§ 43.118. 32ND JUDICIAL DISTRICT. The voters of the 32nd Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.119. 33RD JUDICIAL DISTRICT. The voters of the 33rd Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.120. 34TH JUDICIAL DISTRICT. (a) The voters of Culberson, Hudspeth, and El Paso counties elect a district attorney for the 34th Judicial District.
(b) The district attorney for the 34th Judicial District also acts as district attorney for the 41st, 65th, 120th, and 171st judicial districts, the 394th Judicial District in Culberson and Hudspeth counties, and represents the state in all criminal cases before every district court having jurisdiction in El Paso County.
(c) The district attorney represents the state in all criminal cases pending in the inferior courts having jurisdiction in El Paso County.
(d) The commissioners courts of Culberson and Hudspeth counties shall each pay to El Paso County $100 a month to be expended, on sworn claims of the district attorney approved by the Commissioners Court of El Paso County, for the preparation and conduct of criminal affairs of the district attorney's office.
(e) For the purpose of conducting his office, the district attorney may appoint two first assistant district attorneys, or one first assistant district attorney and one first assistant administrative district attorney, and the other assistant district attorneys that are necessary to the proper performance of the district attorney's duties.
(f) The assistants and other employees of the district attorney are compensated by the Commissioners Court of El Paso County. The Commissioners Court of El Paso County must approve the number of assistants and other employees appointed and the amount of compensation of those employees.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 493, § 1, eff. Oct. 1, 1993; Acts 1995, 74th Leg., ch. 704, § 21, eff. Sept. 1, 1995.
§ 43.121. 35TH JUDICIAL DISTRICT. (a) The voters of the 35th Judicial District elect a district attorney.
(b) Repealed by Acts 1999, 76th Leg., ch. 1027, § 1, eff. Sept. 1, 1999. (c) Repealed by Acts 1993, 73rd Leg., ch. 819, § 4, eff. Sept. 1, 1993. (d) The district attorney also performs the duties of the county attorney of Brown County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.52(a), eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 892, § 1, eff. Jan. 1, 1989; Acts 1989, 71st Leg., ch. 2, § 16.01(22), eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 819, § 4, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1027, § 1, eff. Sept. 1, 1999.
§ 43.122. 36TH JUDICIAL DISTRICT. The voters of Aransas and San Patricio counties elect a district attorney for the 36th Judicial District who represents the state in that district court only in those counties. In addition to exercising the duties and authority conferred on district attorneys by general law, the district attorney represents the state in all criminal cases in the district courts in those counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.123. 38TH JUDICIAL DISTRICT. The voters of the 38th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.124. 39TH JUDICIAL DISTRICT. The voters of the 39th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.1243. 42ND JUDICIAL DISTRICT. (a) The voters of Coleman County elect a district attorney for the 42nd Judicial District who represents the state in that district court only in Coleman County.
(b) The Coleman County district attorney shall perform all of the duties in Coleman County required by district attorneys by general law and shall represent the state in criminal cases pending in the district court of the county. The district attorney has control of any case heard on habeas corpus before any civil district or criminal court of the county.
(c) The district attorney has all of the powers, duties, and privileges in Coleman County relating to criminal matters for and on behalf of the state that are conferred on district attorneys in other counties and districts.
(d) The comptroller of public accounts shall pay directly to the district attorney of Coleman County a salary equal to the salary authorized by the General Appropriations Act for a district attorney. The salary shall be paid in equal monthly installments on the first day of each month.
(e) The Commissioners Court of Coleman County may supplement the district attorney's salary in an amount to be set by the commissioners court.
(f) The district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by district or county attorneys.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 5, eff. Sept. 1, 1991.
§ 43.125. 43RD JUDICIAL DISTRICT. The voters of the 43rd Judicial District elect a district attorney who represents the state in all cases before the 43rd and 415th district courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2003, 78th Leg., ch. 1306, § 3(c), eff. Sept. 1, 2005.
§ 43.126. 46TH JUDICIAL DISTRICT. The voters of the 46th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.127. 47TH JUDICIAL DISTRICT. (a) The voters of Armstrong and Potter counties elect a district attorney for the 47th Judicial District who represents the state in that district court only in those counties.
(b) The district attorney of the 47th Judicial District also acts as the district attorney for the 108th Judicial District.
(c) The district attorney also represents the state in all criminal cases before the district courts of Potter and Armstrong counties.
(d) The number of assistants and other office personnel employed by the district attorney and the compensation of the personnel are subject to the approval of the Commissioners Court of Potter County.
(e) The Commissioners Court of Potter County may pay the salaries of the office personnel of the district attorney from the officers' salary fund, the general fund, any other available fund, or any combination of those funds.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.128. 49TH JUDICIAL DISTRICT. (a) The voters of the 49th Judicial District elect a district attorney.
(b) The district attorney represents the state in all criminal cases in Webb County.
(c) The district attorney also represents the state in the 111th District Court in all criminal cases and in all other matters in which the state is a party.
(d) Repealed by Acts 1987, 70th Leg., ch. 1045, § 3, eff. Sept. 1, 1987. (e) The commissioners court of any county in the district may provide the salary of any member of the district attorney's staff and may prescribe as a qualification for retaining a job that a member of the staff reside in the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 1045, § 3, eff. Sept. 1, 1987.
§ 43.129. 50TH JUDICIAL DISTRICT. The voters of the 50th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.130. 51ST JUDICIAL DISTRICT. (a) The voters of the 51st Judicial District elect a district attorney who represents the state in all criminal and habeas corpus cases in that district court.
(b) The district attorney of the 51st Judicial District may request the district attorney of the 119th Judicial District to assist in the trial of a criminal or habeas corpus case in Tom Green County. The district attorney of the 51st Judicial District has absolute control and management of those cases.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.131. 52ND JUDICIAL DISTRICT. The voters of the 52nd Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.132. 53RD JUDICIAL DISTRICT. (a) The voters of the 53rd Judicial District elect a district attorney. In addition to performing the other duties provided by law for district attorneys, the district attorney represents the state in all criminal cases before all the district courts of Travis County.
(b) The Commissioners Court of Travis County may supplement the salaries paid by the state to the assistant district attorneys and to the district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.53, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 819, § 3, eff. Sept. 1, 1993.
§ 43.133. 63RD JUDICIAL DISTRICT. (a) The voters of the 63rd Judicial District elect a district attorney.
(b) The district attorney for the 63rd Judicial District also acts as district attorney for the 83rd Judicial District in Terrell and Val Verde counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1337, § 18, eff. Sept. 1, 1999.
§ 43.134. 64TH JUDICIAL DISTRICT. (a) The voters of Hale and Swisher counties elect a district attorney for the 64th Judicial District who represents the state in that district court only in those counties.
(b) The district attorney also represents the state in all criminal cases before the county court and the justice courts in Hale County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 198, § 1, eff. May 27, 1987.
§ 43.135. 66TH JUDICIAL DISTRICT. The voters of the 66th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.136. 69TH JUDICIAL DISTRICT. (a) The voters of the 69th Judicial District elect a district attorney.
(b) Any commissioners court in the district may supplement the state salary of the district attorney in an amount set by the commissioners court. In addition, a commissioners court may compensate the district attorney for the prosecution of misdemeanors in the manner and amount determined by the commissioners court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.54(a), eff. Sept. 1, 1987.
§ 43.137. 70TH JUDICIAL DISTRICT. (a) The voters of the 70th Judicial District elect a district attorney.
(b) The district attorney of the 70th Judicial District shall also act as district attorney for the 161st Judicial District.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.138. 76TH JUDICIAL DISTRICT. The voters of Titus and Camp counties elect a district attorney for the 76th Judicial District who represents the state in all matters pending before the district court in those counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.139. 79TH JUDICIAL DISTRICT. (a) The voters of the 79th Judicial District elect a district attorney.
(b) The commissioners courts of the counties comprising the district may supplement the state salary of the district attorney in the amount of $2,500 a year. The commissioners court of each county in the district shall pay a proportionate share of the supplemental salary according to the population of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.140. 81ST JUDICIAL DISTRICT. The voters of the 81st Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.141. 83RD JUDICIAL DISTRICT. (a) The voters of Brewster, Jeff Davis, Pecos, and Presidio counties elect a district attorney for the 83rd Judicial District.
(b) The district attorney for the 83rd district also acts as district attorney for the 394th Judicial District in Brewster, Jeff Davis, and Presidio counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 704, § 22, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 797, § 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 24, § 2, eff. Sept. 1, 2003.
§ 43.142. 84TH JUDICIAL DISTRICT. (a) The voters of Hansford and Hutchinson counties elect a district attorney for the 84th Judicial District who represents the state in that district court only in those counties.
(b) The district attorney may appoint an assistant district attorney with the approval of the commissioners courts of the counties comprising the district.
(c) The salary and expenses of the assistant district attorney shall be paid by the counties comprising the district in proportion to the population of the counties. The salary shall be paid in equal monthly installments. Expense claims shall be paid at the end of each month on the approval of the district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.143. 85TH JUDICIAL DISTRICT. (a) The voters of the 85th Judicial District elect a district attorney.
(b) The district attorney, with the approval of the Commissioners Court of Brazos County, may appoint the assistant district attorneys, investigators, stenographers, secretaries, clerks, and other personnel that he considers necessary to carry out the duties of the office.
(c) An investigator appointed by the district attorney must take the constitutional oath of office when appointed.
(d) The Commissioners Court of Brazos County may accept gifts and grants from any individual, partnership, corporation, trust, foundation, association, or political subdivision for the purpose of financing adequate and effective prosecution, crime prevention, or rehabilitation programs within the county or district that are approved by the district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.144. 88TH JUDICIAL DISTRICT. The voters of Hardin County elect a district attorney for the 88th Judicial District. The district attorney acts as district attorney in Hardin County only.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1352, § 2, eff. Sept. 1, 1997.
§ 43.145. 90TH JUDICIAL DISTRICT. The voters of the 90th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.146. 97TH JUDICIAL DISTRICT. (a) The voters of the 97th Judicial District elect a district attorney.
(b) The district attorney, with the approval of the commissioners courts of the counties comprising the district, may appoint assistants, investigators, and office personnel as he considers necessary.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.147. 100TH JUDICIAL DISTRICT. The voters of the 100th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.148. 105TH JUDICIAL DISTRICT. (a) The voters of the 105th Judicial District elect a district attorney. The district attorney has the same powers and duties as other district attorneys and serves all the district, county, and justice courts of Nueces County and the district courts of Kleberg and Kenedy counties.
(b) The district attorney shall attend each term and session of the district, county, and justice courts of Nueces County and the district courts of Kleberg and Kenedy counties and shall represent the state in criminal cases pending in those courts. The district attorney has control of any case heard on petition of writ of habeas corpus before any district or inferior court in the district.
(c) The commissioners courts of the counties comprising the district may supplement the state salary of the district attorney. The amount of the supplement may not exceed $12,000 a year. The supplemental salary must be paid proportionately by the commissioners court of each county according to the population of the county. The supplemental salary may be paid from the officers' salary fund of a county. If that fund is inadequate, the commissioners court may transfer the necessary funds from the general fund of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 387, § 1, eff. Sept. 1, 1999.
§ 43.149. 106TH JUDICIAL DISTRICT. The voters of the 106th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.150. 109TH JUDICIAL DISTRICT. (a) The voters of Crane and Winkler counties elect a district attorney for the 109th Judicial District who represents the state in that district court only in those counties.
(b) The commissioners courts of the counties comprising the district may supplement the state salary of the district attorney in an amount not to exceed $2,000 a year. Each commissioners court shall pay a proportionate share of the supplemental salary according to the population of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.151. 110TH JUDICIAL DISTRICT. (a) The voters of the 110th Judicial District elect a district attorney.
(b) The commissioners court of Briscoe or Dickens County may supplement the state salary of the district attorney in an amount set by the commissioners court. The commissioners court may pay the supplemental salary from the officers' salary fund, the general fund, any other available fund, or any combination of those funds.
(c) If there is no county attorney in Briscoe, Dickens, Floyd, or Motley County, the district attorney may perform the duties of county attorney for the county. The commissioners court of the county in which the district attorney is performing the duties of county attorney may compensate the district attorney for the prosecution of misdemeanors in the county. The commissioners court shall determine the amount of the compensation and the manner of its payment.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 936, § 1, eff. June 20, 1987; Acts 1990, 71st Leg., 6th C.S., ch. 18, § 1, eff. June 18, 1990.
§ 43.152. 112TH JUDICIAL DISTRICT. The voters of the 112th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 80, § 2, eff. Sept. 1, 2005.
§ 43.153. 118TH JUDICIAL DISTRICT. (a) The voters of the 118th Judicial District elect a district attorney.
(b) The district attorney also represents the state in all criminal cases before the County Court of Glasscock County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.154. 119TH JUDICIAL DISTRICT. (a) The voters of the 119th Judicial District elect a district attorney who represents the state in all criminal and habeas corpus cases in that district court.
(b) The district attorney of the 119th Judicial District may request the district attorney of the 51st Judicial District to assist in the trial of a criminal or habeas corpus case before the 119th District Court. The district attorney of the 119th Judicial District has absolute control and management of those cases.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.155. 123RD JUDICIAL DISTRICT. The voters of Shelby County elect a district attorney for the 123rd Judicial District who represents the state in that district only in that county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 6, eff. Jan. 1, 1993.
§ 43.156. 132ND JUDICIAL DISTRICT. (a) The voters of the 132nd Judicial District elect a district attorney.
(b) The commissioners court of one or more of the counties comprising the district may supplement the state salary of the district attorney. The supplement may not exceed $3,000 a year. The supplemental salary may be paid from the officers' salary fund of the county, if adequate. If the officers' salary fund of a county is inadequate, the commissioners court may transfer the necessary funds from the general fund of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.157. 142ND JUDICIAL DISTRICT. (a) The voters of the 142nd Judicial District elect a district attorney.
(b) The district attorney represents the state in criminal cases in all district and inferior courts other than municipal courts having jurisdiction in Midland County.
(c) The district attorney has all of the powers, duties, and privileges conferred by law on district and prosecuting attorneys relating to:
(1) the prosecution of felony and misdemeanor criminal cases; (2) matters directly relating to criminal cases, including asset and bond forfeitures; and
(3) delinquent children, children in need of supervision, and protective orders under Chapter 71, Family Code.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 811, § 2, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 465, § 1, eff. Sept. 1, 1997.
§ 43.158. 143RD JUDICIAL DISTRICT. The voters of the 143rd Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.159. 145TH JUDICIAL DISTRICT. (a) The voters of the 145th Judicial District elect a district attorney.
(b) The district attorney, with the approval of the Commissioners Court of Nacogdoches County, may appoint the assistant district attorneys, investigators, and stenographers that are necessary to carry out the duties of the office.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.161. 156TH JUDICIAL DISTRICT. The voters of Bee, Live Oak, and McMullen counties elect a district attorney for the 156th Judicial District who represents the state in that district court only in those counties. In addition to exercising the duties and authority conferred on district attorneys by general law, the district attorney shall also represent the state in all criminal cases in the district courts in those counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 16, § 1, eff. April 25, 1997; Acts 2003, 78th Leg., ch. 751, § 1, eff. Sept. 1, 2003.
§ 43.162. 159TH JUDICIAL DISTRICT. (a) The voters of the 159th Judicial District elect a district attorney.
(b) Subject to the approval of the Commissioners Court of Angelina County, the district attorney may appoint investigators, court reporters, stenographers, secretaries, and other employees as he considers adequate and necessary to conduct the affairs of the office.
(c) An investigator appointed by the district attorney must take the constitutional oath of office when appointed.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.163. 173RD JUDICIAL DISTRICT. (a) The voters of Henderson County elect a district attorney for the 173rd Judicial District who represents the state in all cases in the district courts having jurisdiction in that county.
(b) The district attorney, with the approval of the Commissioners Court of Henderson County, may appoint assistants, investigators, and office personnel as he considers necessary.
(c) An investigator appointed by the district attorney must take the constitutional oath of office when appointed.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.164. 196TH JUDICIAL DISTRICT. The voters of the 196th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.165. 198TH JUDICIAL DISTRICT. (a) The voters of the 198th Judicial District elect a district attorney who represents the state in all matters before that district court.
(b) The district attorney of the 198th Judicial District and the district attorneys of the other judicial districts within that district shall assist each other in the conduct of their duties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.166. 216TH JUDICIAL DISTRICT. The voters of the 216th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.167. 220TH JUDICIAL DISTRICT. The voters of the 220th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.168. 229TH JUDICIAL DISTRICT. The voters of the 229th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.169. 235TH JUDICIAL DISTRICT. The voters of the 235th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.170. 253RD JUDICIAL DISTRICT.
Text of section effective until January 1, 2009
(a) The voters of the 253rd Judicial District elect a district attorney who represents the state in all cases before the 75th, 253rd, and 344th district courts.
(b) The commissioners court of one or more of the counties comprising the district may supplement the state salary of the district attorney. The supplemental compensation may not exceed $5,000 a year. The Commissioners Court of Chambers County shall pay 40 percent of any supplemental compensation, and the Commissioners Court of Liberty County shall pay 60 percent. The supplemental compensation must be paid from the officers' salary fund of the county. If the officers' salary fund of a county is not adequate, the commissioners court may transfer the necessary amount from the general fund of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
For text of section effective January 1, 2009, see § 43.170, post
§ 43.170. 253RD JUDICIAL DISTRICT.
Text of section effective January 1, 2009
(a) The voters of Liberty County elect a district attorney for the 253rd Judicial District who represents the state in that district only in that county and in all cases before the 75th District Court.
(b) The Commissioners Court of Liberty County may supplement the state salary of the district attorney. The supplemental compensation may not exceed $5,000 a year. The supplemental compensation must be paid from the officers' salary fund of the county. If the officers' salary fund of a county is not adequate, the commissioners court may transfer the necessary amount from the general fund of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by 2005 79th Leg., ch. 734, § 1, eff. Jan. 1, 2009.
For text of section effective until January 1, 2009, see § 43.170, ante
§ 43.171. 258TH JUDICIAL DISTRICT. (a) The voters of Trinity County elect a district attorney for the 258th Judicial District who represents the state in that district court only in that county.
(b) The district attorney of the 258th Judicial District also acts as district attorney for the 411th Judicial District in Trinity County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 60, § 2, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 655, § 1.02, 2.02, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 122, § 1, eff. Jan. 1, 1990; Acts 1995, 74th Leg., ch. 704, § 6, eff. Jan. 1, 1997; Acts 2003, 78th Leg., ch. 1257, § 1, eff. June 20, 2003.
§ 43.172. 259TH JUDICIAL DISTRICT. The voters of the 259th Judicial District elect a district attorney. In addition to exercising the duties and authority provided by general law for district attorneys, the district attorney represents the state in all felony cases before the 259th District Court in Jones and Shackelford counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.173. 266TH JUDICIAL DISTRICT. The voters of the 266th Judicial District elect a district attorney who represents the state in all cases before that district court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.174. 271ST JUDICIAL DISTRICT. The voters of the 271st Judicial District elect a district attorney who represents the state in all cases before that district court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.1745. 278TH JUDICIAL DISTRICT. (a) The voters of Grimes County elect a district attorney for the 278th Judicial District who represents the state only in that county.
(b) The district attorney shall attend each term and session of the district courts and all other courts, except municipal courts, in Grimes County and, unless otherwise provided by law, shall exclusively represent the state in all criminal matters in those courts.
(c) The district attorney has no power, duty, or privilege relating to family law and juvenile matters, including matters involving children's protective services, protective orders under Chapter 71, Family Code, orders under Chapter 159, Family Code, proceedings under Title 3, Family Code, civil commitment matters under Subtitle C, Title 7, Health and Safety Code, or a quo warranto or removal case, except, that if the county attorney fails or refuses to act in a quo warranto or removal case, the district attorney has the power, duty, and privilege to bring a removal of quo warranto action.
(d) The district attorney has no power, duty, or privilege in any civil matter pending before any court.
(e) The district attorney must be at least 30 years of age, must have been a practicing attorney in this state for at least five years, and must have been a resident of Grimes County for at least three years immediately preceding election or appointment.
(f) The district attorney may not engage in the private practice of law. (g) The district attorney may, for the purpose of conducting the affairs of the office, appoint assistant district attorneys, investigators, and other necessary staff. The salaries of the members of the staff of the district attorney's office shall be paid from the officer's salary fund of the county with the approval of the commissioners court.
Added by Acts 1995, 74th Leg., ch. 704, § 25, eff. Jan. 1, 1997. Amended by Acts 1997, 75th Leg., ch. 165, § 7.29, eff. Sept. 1, 1997.
§ 43.175. 286TH JUDICIAL DISTRICT. The voters of the 286th Judicial District elect a district attorney who represents the state in all cases before that district court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.176. 287TH JUDICIAL DISTRICT. The voters of the 287th Judicial District elect a district attorney who represents the state in all cases before that district court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.177. 293RD JUDICIAL DISTRICT. (a) The voters of the 293rd Judicial District elect a district attorney who represents the state in all cases before that district court.
(b) The commissioners court of one or more of the counties comprising the district may supplement the state salary of the district attorney. The commissioners court of each county may set the amount of supplemental compensation paid by that county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 286, § 1, eff. June 14, 1989.
§ 43.1775. 329TH JUDICIAL DISTRICT. (a) The voters of the 329th Judicial District elect a district attorney.
(b) The district attorney represents the state and performs the duties of prosecutor in all criminal matters before the district and county courts in Wharton County.
(c) At the request of the county attorney, the district attorney may assist the county attorney in the prosecution of juvenile cases under Title 3, Family Code.
Added by Acts 1995, 74th Leg., ch. 457, § 2, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 477, § 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 51, § 1, eff. Sept. 1, 2003.
§ 43.1777. 344TH JUDICIAL DISTRICT.
Text of section effective January 1, 2009
(a) The voters of the 344th Judicial District elect a district attorney who represents the state in cases before the district courts of Chambers County.
(b) The Commissioners Court of Chambers County may supplement the state salary of the district attorney. The supplemental compensation may not exceed $5,000 a year.
Added by Acts 2005, 79th Leg., ch. 734, § 2, eff. Jan. 1, 2009.
§ 43.178. 349TH JUDICIAL DISTRICT. (a) The voters of Houston County elect a district attorney for the 349th Judicial District who represents the state in all cases before that district court only in that county.
(b) The district attorney, with the approval of the Commissioners Court of Houston County, may appoint the necessary assistants, investigators, and personnel for the office.
(c) The salaries of the staff of the district attorney and the operating expenses of the office of the district attorney must be paid from the general fund of the county.
(d) An investigator appointed by the district attorney must take the constitutional oath of office.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.179. 355TH JUDICIAL DISTRICT. The voters of the 355th Judicial District elect a district attorney who represents the state in all cases before that district court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.56, eff. Sept. 1, 1987.
§ 43.180. HARRIS COUNTY DISTRICT ATTORNEY. (a) The voters of Harris County elect a district attorney.
(b) The district attorney shall attend each term and session of the district courts of Harris County. The district attorney shall represent the state in criminal cases pending in the district and inferior courts of the county. The district attorney has control of any case heard on habeas corpus before any civil district court or criminal court of the county.
(c) The district attorney has all the powers, duties, and privileges in Harris County relating to criminal matters for and in behalf of the state that are conferred on district attorneys in the various counties and districts.
(d) The allocation formerly made under Section 6(a), Chapter 465, Acts of the 44th Legislature, 2nd Called Session, 1935 (Article 3912e, Vernon's Texas Civil Statutes), now codified as Section 154.008, Local Government Code, to the criminal district attorney of Harris County shall be made and allocated on the same basis to the district attorney in the General Appropriations Act.
(e) The Commissioners Court of Harris County shall pay the district attorney a salary of not less than $35,000 a year. The county salary shall be paid in equal monthly installments.
(f) At the option of the district attorney, the comptroller of public accounts shall pay directly to the district attorney a salary equal to the salary authorized by the General Appropriations Act for a district attorney. The salary shall be paid in equal monthly installments on the first day of each month. If the district attorney receives a salary from the state under this subsection, the amount of the salary shall be deducted from the amount to be paid to Harris County under Subchapter C, Chapter 41. The total compensation of the district attorney from all sources may not be less than the salary of the district attorney paid by the county in effect on August 29, 1977.
(g) The district attorney may not engage in the private practice of law whether or not he is compensated for his services.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 149, § 37, eff. Sept. 1, 1987.
§ 43.181. 268TH JUDICIAL DISTRICT. (a) The voters of the 268th Judicial District elect a district attorney.
(b) The district attorney shall attend each term and session of the district courts in Fort Bend County and, unless otherwise provided by law, shall represent the state in all felony and misdemeanor criminal cases and matters directly relating to criminal cases in all the courts of the county, including any asset forfeitures related to criminal activities, and bond forfeiture proceedings through judgment other than collection of a final judgment on a bond forfeiture.
(c) The district attorney has the powers, duties, and privileges in Fort Bend County relating to family law and juvenile matters, except as provided by Subsection (f-1), protective orders under Title 4, Family Code, orders under Chapter 159, Family Code, and proceedings under Title 3, Family Code.
(d) The district attorney has no power, duty, or privilege in Fort Bend County relating to a quo warranto or removal from office proceeding, except that if the county attorney fails or refuses to act in a removal case, the district attorney has the power, duty, and privilege to bring a removal from office action or a quo warranto proceeding.
(e) Except as provided by Subsections (c) and (g), the district attorney has no power, duty, or privilege to represent this state, Fort Bend County, or the officials of Fort Bend County in any civil matter pending before any court.
(f) Except as provided by the Code of Criminal Procedure, the district attorney has no power, duty, or privilege in Fort Bend County relating to a civil commitment matter under Subtitle C, Title 7, Health and Safety Code, for and on behalf of the state.
(f-1) The district attorney has no power, duty, or privilege in Fort Bend County relating to a matter involving children's protective services.
(g) At the request of the county attorney, the district attorney may assist the county attorney in civil matters in Fort Bend County.
(h) The district attorney shall, with the approval of the commissioners court, appoint the assistant district attorneys and other assistants necessary to the proper performance of the district attorney's duties. The commissioners court shall set the salary of an assistant to the district attorney.
Added by Acts 1989, 71st Leg., ch. 1099, § 1, eff. Jan. 1, 1991. Amended by Acts 1991, 72nd Leg., ch. 76, § 14, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 165, § 7.30, eff. Sept. 1, 1997; Acts 2005, 79th Leg., ch. 659, § 1, eff. Sept. 1, 2005. § 44.001. ELECTION. The voters of each of the following counties elect a criminal district attorney: Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, Jackson, Jasper, Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, Wichita, Wood, and Yoakum.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 60, § 3, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 148, § 2.57(a), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 122, eff. Jan. 1, 1990; Acts 1989, 71st Leg., ch. 216, § 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1099, § 3, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 7, eff. Jan. 1, 1993; Acts 1993, 73rd Leg., ch. 565, § 2, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 226, § 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 412, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 739, § 2, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 716, § 1, eff. Jan. 1, 2004.
§ 44.002. QUALIFICATIONS; BOND. A criminal district attorney must meet the qualifications and give the bond required of a district attorney by the constitution and general law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER B. PROVISIONS APPLICABLE TO PARTICULAR COUNTIES
§ 44.101. ANDERSON COUNTY. (a) The criminal district attorney of Anderson County must be at least 30 years of age.
(b) The criminal district attorney shall represent the state in all matters in the district and inferior courts in the county. The criminal district attorney shall perform the other duties that are conferred by general law on district and county attorneys.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(d) In addition to the salary paid by the state, the criminal district attorney is entitled to supplemental compensation from the county set by the commissioners court. The supplemental compensation must be in an amount necessary for the total compensation of the criminal district attorney to equal at least 90 percent of the total salary, including supplements, paid to the judge of the 3rd Judicial District by the state and Anderson, Henderson, and Houston counties. The county supplement shall be paid in equal installments, twice monthly, from the officers' salary fund of the county.
(e) The criminal district attorney may appoint a staff composed of at least three assistant criminal district attorneys, and investigators, stenographers, clerks, and any other personnel that the commissioners court authorizes.
(f) Except as limited by this section, the criminal district attorney, with the approval of the commissioners court, shall set the salary of the assistant criminal district attorneys, investigators, stenographers, clerks, and other personnel. The commissioners court shall pay staff salaries in equal installments twice a month from the county officers' salary fund.
(g) In addition to staff salaries, the commissioners court may allow the criminal district attorney, his assistants, and investigators necessary expenses that the commissioners court considers reasonable. The expenses shall be paid as provided by law for other claims of expenses by county employees.
(h) The commissioners court may accept gifts and grants from any foundation, association, or political subdivision for the purpose of financing adequate and effective prosecution programs in the county. Municipalities in the county or district may allocate and grant the sums of money that their respective governing bodies approve to their county government for the support and maintenance of an effective prosecution program.
Added by Acts 1987, 70th Leg., ch. 148, § 2.58(a), eff. Sept. 1, 1987.
§ 44.108. AUSTIN COUNTY. (a) The criminal district attorney of Austin County must meet the following qualifications:
(1) be at least 30 years old; (2) have been a practicing attorney in this state for at least five years; and
(3) have been a resident of Austin County for at least two years before his election or appointment.
(b) The criminal district attorney shall represent the state in all matters in the district and inferior courts in the county. The criminal district attorney shall perform the other duties that are conferred by general law on district and county attorneys. This subsection does not prevent the county from retaining other legal counsel as it considers appropriate. The criminal district attorney may represent any county official or employee of Austin County in any civil matter in a court in the county if the matter arises out of the performance of official duties by the official or employee.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(d) The criminal district attorney does not represent the state in criminal cases before the municipal courts in Austin County.
(e) The criminal district attorney shall receive salary and compensation from the state in the amount provided by the General Appropriations Act for district attorneys. The Commissioners Court of Austin County may supplement the salary of the criminal district attorney paid by the state.
Added by Acts 1989, 71st Leg., ch. 216, § 2, eff. Sept. 1, 1989.
§ 44.111. BASTROP COUNTY. (a) The criminal district attorney of Bastrop County shall attend each term and session of the district court in Bastrop County and each term and session of the inferior courts of the county held for the transaction of criminal business. He shall exclusively represent the state in all criminal matters before those courts and any other court in which Bastrop County has pending business.
(b) The criminal district attorney has all the powers, duties, and privileges in Bastrop County that are conferred by law on county and district attorneys in the various counties and districts.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(d) The supplemental compensation paid to the criminal district attorney by the county and the salaries of the staff of the criminal district attorney shall be paid from the officers' salary fund if that fund is adequate. If that fund is not adequate, the commissioners court shall transfer the necessary funds from the general fund of the county to the officers' salary fund.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.115. BEXAR COUNTY. (a) The criminal district attorney of Bexar County shall attend each term and session of the district, county, and justice courts in Bexar County held for the transaction of criminal business and shall exclusively represent the state in all matters before those courts. He shall represent Bexar County in any court in which the county has pending business. He serves as the district attorney for each district court in the county.
(b) The criminal district attorney has all the powers, duties, and privileges in Bexar County that are conferred by law on district and county attorneys.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney and shall deposit them in the proper county funds as provided by law.
(d) The criminal district attorney does not represent the state in criminal cases before the municipal courts in Bexar County.
(e) The Commissioners Court of Bexar County, acting in conjunction with and on the approval of the criminal district attorney, may employ special counsel, learned in the law, to represent the county in a condemnation or eminent domain proceeding, particularly in a case involving the acquisition of rights-of-way. The employment shall be for the time and on the terms that the commissioners court and the criminal district attorney consider necessary and proper. The employment may be terminated in the manner provided by law for the removal of an assistant, investigator, or other employee of the criminal district attorney.
(f) The Commissioners Court of Bexar County may accept gifts and grants from any individual, partnership, corporation, trust, foundation, association, or governmental entity for the purpose of financing or assisting effective prosecution, crime prevention or suppression, rehabilitation of offenders, or crime victim's assistance in Bexar County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.59(a), eff. Sept. 1, 1987.
§ 44.119. BOWIE COUNTY. (a) The criminal district attorney of Bowie County shall represent the state in all cases in the district and inferior courts of Bowie County and shall perform all other duties required of district and county attorneys under general law.
(b) All general laws relating to county or district attorneys apply to the criminal district attorney.
(c) Repealed by Acts 1987, 70th Leg., ch. 1045, § 3, eff. Sept. 1, 1987.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 1045, § 3, eff. Sept. 1, 1987.
§ 44.120. BRAZORIA COUNTY. (a) The criminal district attorney of Brazoria County shall attend each term and session of the district courts of Brazoria County and each term and session of the inferior courts of the county held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts. He shall represent Brazoria County in any court in which the county has pending business.
(b) The criminal district attorney has all the powers, duties, and privileges in Brazoria County that are conferred by law on county and district attorneys in the various counties and districts.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.128. CALDWELL COUNTY. (a) The criminal district attorney of Caldwell County must be at least 25 years old and must have been a practicing attorney in this state for at least five years.
(b) The criminal district attorney shall attend each term and session of the district courts in Caldwell County and each session and term of the inferior courts of the county held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts.
(c) The criminal district attorney shall perform the duties conferred by law on the county and district attorneys in the various counties and districts.
(d) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(e) The Commissioners Court of Caldwell County may supplement the salary of the criminal district attorney paid by the state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.129. CALHOUN COUNTY. (a) The criminal district attorney of Calhoun County shall attend each term and session of the district and inferior courts of Calhoun County, except municipal courts, held for the transaction of criminal business, and shall exclusively represent the state in all criminal matters before those courts.
(b) The criminal district attorney shall represent Calhoun County in any court in which the county has pending business. This subsection does not prevent the county from retaining other legal counsel in a civil matter as it considers appropriate.
(c) The criminal district attorney has all the powers, duties, and privileges in Calhoun County that are conferred by law on county and district attorneys in the various counties and districts.
(d) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(e) The criminal district attorney is entitled to receive a salary from the state in the amount provided by general law for the compensation of district attorneys. The Commissioners Court of Calhoun County may supplement the compensation paid by the state.
(f) The criminal district attorney, for the purpose of conducting the affairs of the office, may appoint the assistant criminal district attorneys that the Commissioners Court of Calhoun County may authorize. The salary of an assistant criminal district attorney must be at least $4,800 a year.
(g) The criminal district attorney may employ as many stenographers as the Commissioners Court of Calhoun County may authorize. The salary of a stenographer employed by the criminal district attorney must be at least $3,000 a year.
(h) The supplemental compensation paid to the criminal district attorney by the county and the salaries of the assistant criminal district attorneys and stenographers employed by the criminal district attorney shall be paid from the officers' salary fund if that fund is adequate. If the officers' salary fund is not adequate, the commissioners court shall transfer the necessary funds from the general fund of the county to the officers' salary fund.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.134. CASS COUNTY. (a) The criminal district attorney of Cass County shall attend each term and session of the district courts in Cass County and each term and session of the inferior courts of the county held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts. He shall represent Cass County in any court in which the county has pending business.
(b) The criminal district attorney has all the powers, duties, and privileges in Cass County that are conferred by law on county and district attorneys in the various counties and districts.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.143. COLLIN COUNTY. (a) The criminal district attorney of Collin County shall attend each term and session of the district courts in Collin County held for the transaction of criminal business. He shall represent the state in all criminal and civil cases in the courts in the county unless otherwise provided by law.
(b) The criminal district attorney has all the powers, duties, and privileges in Collin County relating to criminal or civil matters involving the county or state that are conferred by law on county and district attorneys in the various counties and districts.
(c) A vacancy in the office of criminal district attorney is filled by appointment by the Commissioners Court of Collin County. The appointee holds office until the next general election.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 521, § 1, eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 1081, § 2, eff. Sept. 1, 1997.
§ 44.146. COMAL COUNTY. (a) The criminal district attorney of Comal County must meet the following qualifications:
(1) be at least 30 years old; (2) have been a practicing attorney in this state for at least five years; and
(3) be a resident of Comal County. (b) The criminal district attorney has all the powers, duties, and privileges in Comal County that are conferred by law on county and district attorneys in the various counties and districts.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(d) The criminal district attorney shall, with the approval of the commissioners court, appoint an assistant district attorney and other personnel necessary to the proper performance of the district attorney's duties. The commissioners court shall pay the salaries of the staff and necessary operating expenses of the office from county funds.
(e) The criminal district attorney shall, with the advice and consent of the commissioners court, designate one or more individuals to act as assistant criminal district attorney with exclusive responsibility for assisting the commissioners court.
Added by Acts 1997, 75th Leg., ch. 412, § 2, eff. Sept. 1, 1997.
§ 44.157. DALLAS COUNTY. (a) The criminal district attorney of Dallas County shall attend every term of the Criminal Court of Dallas County and of the Criminal District Court No. 2 of Dallas County and shall represent the state in all matters before those courts. The criminal district attorney has exclusive control of criminal cases and all cases heard on habeas corpus in the courts of Dallas County and serves as the district attorney of all the district courts in Dallas County.
(b) The criminal district attorney has all the powers, duties, and privileges in Dallas County that are conferred by law on county and district attorneys in the various counties and districts.
(c) The criminal district attorney shall collect the fees and commissions that are provided by law for similar services rendered by a district or county attorney. Not earlier than December 1 and not later than December 31 of each year, the criminal district attorney shall make a complete report to the county judge of Dallas County of the fees collected by the criminal district attorney.
(d) No other person may perform a duty of the criminal district attorney as provided by this section unless the criminal district attorney and his assistants are absent from the county or refuse or are unable to perform the duty.
(e) to (g) Repealed by Acts 1999, 76th Leg., ch. 1463, § 2, eff. Sept. 1, 1999.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1463, § 2, eff. Sept. 1, 1999.
§ 44.159. DEAF SMITH COUNTY. (a) The criminal district attorney of Deaf Smith County shall attend each term and session of the district courts in Deaf Smith County and shall represent the state in all criminal and civil cases in the courts in the county.
(b) The criminal district attorney has all the powers, duties, and privileges in Deaf Smith County relating to criminal or civil matters involving the county or state that are conferred by law on county and district attorneys in the various counties and districts.
(c) The criminal district attorney shall assist the county attorney in Oldham County on his request or, in the event of his inability to act, on appointment by the judge of the district court in Oldham County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 8, eff. Sept. 1, 1991.
§ 44.161. DENTON COUNTY. (a) The criminal district attorney of Denton County must be at least 28 years old, must have been a practicing attorney in this state for at least five years, and must have been a resident of Denton County for at least three years before his election or appointment.
(b) The criminal district attorney shall attend each term and session of the district and inferior courts of Denton County, except municipal courts, held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts.
(c) The criminal district attorney shall represent Denton County in any court in which the county has pending business. This subsection does not prevent the county from retaining other legal counsel in a civil matter as it considers appropriate.
(d) The criminal district attorney has all the powers, duties, and privileges in Denton County relating to criminal or civil matters involving the county or state that are conferred by law on county and district attorneys in the various counties and districts.
(e) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(f) The Commissioners Court of Denton County may, in its discretion, supplement the compensation paid by the state to the criminal district attorney. The supplemental compensation paid by the county shall be paid from the officers' salary fund of the county if that fund is adequate. If that fund is not adequate, the commissioners court shall transfer the necessary funds from the general funds of the county to the officers' salary fund.
(g) The criminal district attorney may not engage in the private practice of law, whether or not he receives compensation for that practice.
(h) The criminal district attorney, for the purpose of conducting the affairs of the office, may appoint the assistant criminal district attorneys, investigators, stenographers, clerks, and other personnel that the Commissioners Court of Denton County may authorize. The salaries of the members of the staff of the criminal district attorney shall be paid in equal monthly or bimonthly installments from the officers' salary fund of the county.
(i) The legislature may provide the supplemental funds to the criminal district attorney it considers necessary for supplementation of his staff.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.167. EASTLAND COUNTY. (a) The criminal district attorney of Eastland County shall attend each term and session of the district courts in Eastland County and shall represent the state in all criminal and civil cases in the courts of the county.
(b) The criminal district attorney has all the powers, duties, and privileges in Eastland County relating to criminal or civil matters involving the county or state that are conferred by law on county and district attorneys in the various counties and districts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.184. GALVESTON COUNTY. (a) The criminal district attorney of Galveston County shall attend each term and session of the district courts of Galveston County and each term and session of the inferior courts of the county held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts. He shall represent Galveston County in any court in which the county has pending business.
(b) The criminal district attorney has all the powers, duties, and privileges in Galveston County that are conferred by law on county and district attorneys in the various counties and districts.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(d) The criminal district attorney may represent any county official or employee of Galveston County other than a member of the commissioners court in any civil matter in a court in the county if the matter arises out of the performance of official duties by the officer or employee.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.191. GRAYSON COUNTY. (a) The criminal district attorney shall attend each term and session of the district courts in Grayson County and each term and session of the inferior courts of the county held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts.
(b) The criminal district attorney shall perform the duties conferred by law on county and district attorneys in the various counties and districts.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(d) The criminal district attorney is entitled to receive in equal monthly installments compensation from the state equal to the amount paid by the state to district attorneys. The state compensation shall be paid by the comptroller as appropriated by the legislature.
(e) A vacancy in the office of criminal district attorney is filled by appointment by the Commissioners Court of Grayson County. The appointee holds office until the next general election.
Added by Acts 2003, 78th Leg., ch. 716, § 2, eff. Jan. 1, 2004.
§ 44.192. GREGG COUNTY. (a) The criminal district attorney of Gregg County shall represent the state in all criminal cases in the district, county, and justice courts of Gregg County, and in the municipal courts of the county if the defendant is charged with violating a state law, and shall represent the state in all cases in Gregg County in which it is the duty of a county or district attorney to represent the state.
(b) The criminal district attorney has all the powers, duties, and privileges that are conferred by law on county and district attorneys.
(c) The criminal district attorney shall collect the same fees that are provided by law for county and district attorneys.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.202. HARRISON COUNTY. (a) The criminal district attorney of Harrison County shall attend each term and session of the district courts of Harrison County and each term and session of the inferior courts of the county held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts. He shall represent Harrison County in any court in which the county has pending business.
(b) The criminal district attorney has all the powers, duties, and privileges in Harrison County that are conferred by law on county and district attorneys in the various counties and districts.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(d) The criminal district attorney, if paid at least $16,000 a year, and the assistants to the criminal district attorney, if paid at least $10,000 a year, may not refer legal business to any person engaged in the private practice of law. This subsection does not prohibit an act required in the performance of an official duty as criminal district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.205. HAYS COUNTY. (a) The criminal district attorney of Hays County must be at least 25 years old and have been a practicing attorney in this state for at least five years.
(b) The criminal district attorney shall attend each term and session of the district courts in Hays County and each term and session of the inferior courts of the county held for the transaction of criminal business and shall exclusively represent the state in all criminal matters pending before those courts.
(c) The criminal district attorney shall perform the other duties that are conferred by law on county and district attorneys in the various counties and districts.
(d) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.208. HIDALGO COUNTY. (a) The criminal district attorney of Hidalgo County shall perform the duties of district attorney in all the judicial districts in Hidalgo County and the duties of county attorney in all the county courts of the county.
(b) The criminal district attorney has all the powers, duties, and privileges in Hidalgo County that are conferred by law on county and district attorneys.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.220. JACKSON COUNTY. (a) The criminal district attorney of Jackson County shall attend each term and session of the district courts in Jackson County and each term and session of the inferior courts of the county held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts.
(b) The criminal district attorney shall perform the duties conferred by law on the county and district attorneys in the various counties and districts.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(d) The Commissioners Court of Jackson County may supplement the salary paid by the state to the criminal district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.221. JASPER COUNTY. (a) The criminal district attorney of Jasper County must be at least 25 years old and have been a practicing attorney in this state for five years.
(b) The criminal district attorney shall attend each term and session of the district courts in Jasper County and each term and session of the inferior courts of the county held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts.
(c) The criminal district attorney shall perform the duties conferred by law on county and district attorneys in the various counties and districts.
(d) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(e) The criminal district attorney is entitled to receive in equal monthly installments compensation from the state equal to the amount paid by the state to district attorneys. The state compensation shall be paid by the comptroller of public accounts as appropriated by the legislature. The Commissioners Court of Jasper County shall pay the criminal district attorney an additional amount so that the total compensation of the criminal district attorney equals at least 90 percent of the total salary paid to each of the judges of the district courts in Jasper County. The compensation paid by the county shall be paid in monthly or bimonthly installments, as determined by the commissioners court.
(f) The criminal district attorney, for the purpose of conducting the affairs of the office, may appoint a staff composed of assistant criminal district attorneys, investigators, stenographers, clerks, and other personnel that the commissioners court may authorize. The salary of a staff member is in an amount recommended by the criminal district attorney and approved by the commissioners court. The commissioners court shall pay the salaries of the staff in equal monthly or bimonthly installments from county funds.
(g) The legislature may provide for additional staff members to be paid from state funds if it considers supplementation of the criminal district attorney's staff necessary.
(h) The criminal district attorney may not engage in the private practice of law or receive a fee for the referral of a case.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.223. JEFFERSON COUNTY. (a) The criminal district attorney of Jefferson County shall attend each term and session of the district courts in Jefferson County and each term and session of the inferior courts of the county, except municipal courts, held for the transaction of criminal business, and shall exclusively represent the state in all matters before those courts. He shall represent Jefferson County in any court in which the county has pending business.
(b) The criminal district attorney has all the powers, duties, and privileges in Jefferson County that are conferred by law on county and district attorneys in the various counties and districts.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(d) Jefferson County is entitled to receive annually from the state an amount equal to the compensation paid by the state to prosecutors subject to Chapter 46. The compensation from the state shall be paid into the salary fund of the county in equal monthly installments. The criminal district attorney is entitled to receive as compensation an amount at least equal to the amount paid to the county by the state under this subsection. The criminal district attorney is not entitled to receive a salary under Section 46.003(a), but is entitled to supplemental compensation under Section 46.003(b) and expenses under Section 46.004.
(e) Jefferson County is not entitled to the benefits of Subchapter C, Chapter 41, in addition to the state compensation provided by Subsection (d).
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 733, § 1, eff. Sept. 1, 1991.
§ 44.229. KAUFMAN COUNTY. (a) The criminal district attorney of Kaufman County must be at least 25 years old and have been a practicing attorney in this state for five years.
(b) The criminal district attorney shall attend each term and session of the district courts in Kaufman County and each term and session of the inferior courts of the county held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts.
(c) The criminal district attorney shall perform the duties conferred by law on county and district attorneys in the various counties and districts.
(d) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.252. LUBBOCK COUNTY. (a) The criminal district attorney of Lubbock County must be at least 25 years old and have been a practicing attorney in this state for four years.
(b) The criminal district attorney shall attend each term and session of the district courts in Lubbock County and each term and session of the inferior courts of the county held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts.
(c) The criminal district attorney shall perform the duties conferred by law on county and district attorneys in the various counties and districts.
(d) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.255. MCLENNAN COUNTY. (a) The criminal district attorney of McLennan County has all the powers, duties, and privileges in McLennan County that are conferred by law on county and district attorneys.
(b) The criminal district attorney shall collect the fees provided by law for similar services rendered by a district or county attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.257. MADISON COUNTY. (a) The criminal district attorney of Madison County has all the powers, duties, and privileges in Madison County that are conferred by law on district and county attorneys.
(b) The criminal district attorney shall collect the fees, commissions, and perquisites provided by law for similar services rendered by a district or county attorney.
Added by Acts 1997, 75th Leg., ch. 226, § 3, eff. Sept. 1, 1997.
§ 44.275. NAVARRO COUNTY. (a) The criminal district attorney of Navarro County shall attend each term and session of the district courts in Navarro County and shall represent the state in all criminal and civil cases in the district and inferior courts of the county.
(b) The criminal district attorney has all the powers, duties, and privileges in Navarro County relating to criminal or civil matters involving the county or state that are conferred on county and district attorneys in the various counties and districts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.276. NEWTON COUNTY. (a) The criminal district attorney of Newton County must be at least 25 years old and have been a practicing attorney in this state for five years.
(b) The criminal district attorney shall attend each term and session of the district courts in Newton County and each term and session of the inferior courts of the county held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts.
(c) The criminal district attorney shall perform the duties conferred by law on county and district attorneys in the various counties and districts.
(d) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(e) The criminal district attorney is entitled to receive in equal monthly installments compensation from the state equal to the amount paid by the state to district attorneys. The state compensation shall be paid by the comptroller as appropriated by the legislature.
Added by Acts 1997, 75th Leg., ch. 739, § 3, eff. Sept. 1, 1997.
§ 44.283. PANOLA COUNTY. (a) The criminal district attorney of Panola County shall represent the state in all matters in the district and inferior courts in the county. The criminal district attorney shall perform the other duties that are conferred by general law on district and county attorneys. The criminal district attorney may represent any county official or employee of Panola County in any civil matter in a court in the county if the matter arises out of the performance of official duties by the official or employee.
(b) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(c) The criminal district attorney does not represent the state in criminal cases before the municipal courts in Panola County.
(d) The criminal district attorney is entitled to receive a salary from the state in the amount provided by general law for district attorneys.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 9, eff. Jan. 1, 1993.
§ 44.287. POLK COUNTY. (a) The criminal district attorney shall attend each term and session of the 258th and 411th district courts of Polk County and each term and session of the inferior courts held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts.
(b) The criminal district attorney shall perform the duties conferred by general law on district and county attorneys in this state.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney in this state.
(d) to (f) Repealed by Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 11(a), eff. Sept. 1, 1991.
Added by Acts 1987, 70th Leg., ch. 60, § 4, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 11(a), eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 704, § 7, eff. Jan. 1, 1997.
§ 44.291. RANDALL COUNTY. (a) The criminal district attorney of Randall County shall attend each term and session of the district courts of Randall County and each term and session of the inferior courts of the county held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts. He shall represent Randall County in any court in which the county has pending business.
(b) The criminal district attorney has all the powers, duties, and privileges in Randall County that are conferred by law on county and district attorneys in the various counties and districts.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.299. ROCKWALL COUNTY. (a) The criminal district attorney of Rockwall County must be a practicing attorney in this state.
(b) The criminal district attorney shall attend each term and session of the district courts in Rockwall County and each term and session of the inferior courts of the county held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts.
(c) The criminal district attorney shall perform the duties conferred by law on county and district attorneys in the various counties and districts.
(d) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(e) The Commissioners Court of Rockwall County shall pay the salaries of the members of the staff of the criminal district attorney in equal bimonthly installments from the officers' salary fund of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.304. SAN JACINTO COUNTY. (a) The criminal district attorney shall attend each term and session of the 258th and 411th district courts of San Jacinto County and each term and session of the inferior courts held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts.
(b) The criminal district attorney shall perform the duties conferred by general law on district and county attorneys in this state.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney in this state.
(d), (e) Repealed by Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 11(a), eff. Sept. 1, 1991.
Added by Acts 1989, 71st Leg., ch. 122, § 3, eff. Jan. 1, 1990. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 11(a), eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 704, § 8, eff. Jan. 1, 1997.
§ 44.312. SMITH COUNTY. (a) The criminal district attorney of Smith County shall attend each term and session of the district courts of Smith County and each term and session of the inferior courts of the county held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts. He shall represent Smith County in any court in which the county has pending business.
(b) The criminal district attorney has all the powers, duties, and privileges in Smith County that are conferred by law on county and district attorneys in the various counties and districts.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.320. TARRANT COUNTY. (a) The criminal district attorney of Tarrant County shall attend each term and session of the criminal district courts of Tarrant County and each term and session of the County Court of Tarrant County held for the transaction of criminal business and shall represent the state in all matters before those courts. He shall represent Tarrant County in any court in which the county has pending business.
(b) The criminal district attorney has all the powers, duties, and privileges in Tarrant County that are conferred by law on county and district attorneys in the various counties and districts, except in a condemnation case in which the commissioners court hires special counsel to represent the county as provided by Subsection (d).
(c) The criminal district attorney shall collect the fees of office that are provided by law for similar services rendered by a district or county attorney.
(d) The Commissioners Court of Tarrant County may employ special counsel of its own choice, learned in the law, to represent the county in condemnation or eminent domain proceedings, to assist the commissioners court, the county engineer, or other county employees in preparing documents necessary in the acquisition of rights-of-way for the county or in the event that the county is required to obtain rights-of-way for state highways, or to assist the county in the acquisition of those rights-of-way. The commissioners court shall set the terms of the employment of special counsel as it considers proper. The commissioners court shall pay the compensation of the special counsel from the road and bridge fund of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.321. TAYLOR COUNTY. (a) The criminal district attorney of Taylor County shall perform all the duties in Taylor County required of district attorneys by general law and shall perform the duties of county attorney in Taylor County.
(b) The criminal district attorney shall assist the county attorney of Callahan County or Coleman County on the request of the county attorney or if appointed to do so by the judge of a district court in that county when the county attorney is unable to act.
(c) The Commissioners Court of Taylor County shall supplement the state salary of the criminal district attorney in an amount not less than $4,000 a year.
(d) The criminal district attorney is entitled to the expenses and allowances provided by the General Appropriations Act for district attorneys who serve more than one county.
(e) The Commissioners Court of Taylor County shall provide suitable office space for the criminal district attorney in the county courthouse.
(f) The Commissioners Court of Taylor County shall determine the salaries of the employees of the criminal district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.52(b), eff. Sept. 1, 1987.
§ 44.329. TYLER COUNTY. (a) The criminal district attorney of Tyler County shall represent the state in all matters in the district and inferior courts in Tyler County.
(b) The criminal district attorney shall perform the duties conferred by law on county and district attorneys in this state.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(d) With the approval of the Commissioners Court of Tyler County, the criminal district attorney may appoint the staff required for the proper and efficient operation and administration of the office.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.330. UPSHUR COUNTY. (a) The criminal district attorney of Upshur County shall attend each term and session of the district courts in Upshur County and each term and session of the inferior courts of the county held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts. He shall represent Upshur County in any court in which the county has pending business.
(b) The criminal district attorney has all the powers, duties, and privileges in Upshur County that are conferred by law on county and district attorneys in the various counties and districts.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.334. VAN ZANDT COUNTY. (a) The criminal district attorney of Van Zandt County must be at least 25 years old and must have been a practicing attorney in this state for two years. However, if no person meeting those qualifications files as a candidate for the office on or before the 30th day before the last day on which a person may file as a candidate in an election to that office, the qualifications imposed by this subsection do not apply to that election.
(b) The criminal district attorney shall attend each term and session of the district courts in Van Zandt County and each term and session of the inferior courts of the county held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts.
(c) The criminal district attorney shall perform the duties conferred by law on county and district attorneys in the various counties and districts.
(d) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(e) The criminal district attorney, for the purpose of conducting the affairs of his office, may appoint a staff composed of assistant criminal district attorneys, investigators, stenographers, clerks, and other personnel as the Commissioners Court of Van Zandt County may authorize. The commissioners court shall pay the salaries of the staff in equal monthly or bimonthly installments from the officers' salary fund of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.335. VICTORIA COUNTY. (a) The criminal district attorney of Victoria County shall attend each term and session of the district courts of Victoria County and each term and session of the inferior courts of the county held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts. He shall represent Victoria County in any court in which the county has pending business.
(b) The criminal district attorney has all the powers, duties, and privileges in Victoria County that are conferred by law on county and district attorneys in the various counties and districts.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.336. WALKER COUNTY. (a) The criminal district attorney of Walker County must be at least 25 years old, must have been a practicing attorney in this state for three years, and must have been a resident of Walker County for at least two years before election or appointment.
(b) The criminal district attorney shall attend each term and session of the district and inferior courts of Walker County, except municipal courts, held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts.
(c) The criminal district attorney shall represent Walker County in any court in which the county has pending business. This subsection does not require the criminal district attorney to represent the county in a delinquent tax suit or condemnation proceeding and does not prevent the county from retaining other legal counsel in a civil matter at any time it considers appropriate to do so.
(d) The criminal district attorney has all the powers, duties, and privileges in Walker County relating to criminal or civil matters involving the county or state that are conferred by law on county and district attorneys in the various counties and districts.
(e) The criminal district attorney, for the purpose of conducting the affairs of the office, may appoint a staff composed of assistant criminal district attorneys, investigators, stenographers, clerks, and other personnel as the Commissioners Court of Walker County may authorize. The commissioners court shall pay the salaries of the staff in equal monthly installments from the general fund of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.337. WALLER COUNTY. (a) The criminal district attorney of Waller County must have been a practicing attorney in this state for at least three years.
(b) The criminal district attorney has all the powers, duties, and privileges in Waller County that are conferred by law on county and district attorneys in the various counties and districts.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(d) The criminal district attorney shall, with the approval of the commissioners court, appoint an assistant district attorney or attorneys and other personnel necessary to the proper performance of the district attorney's duties. The commissioners court shall pay the salaries of the staff and necessary operating expenses of the office from county funds.
(e) The criminal district attorney or the Commissioners Court of Waller County may accept gifts and grants from any individual, partnership, corporation, trust, foundation, association, or governmental entity for the purpose of financing or assisting effective prosecution, crime prevention or suppression, rehabilitation of offenders, substance abuse education, treatment and prevention, or crime victim's assistance programs in Waller County. The criminal district attorney shall account for and report to the commissioners court all gifts or grants accepted under this subsection.
Added by Acts 1993, 73rd Leg., ch. 565, § 3, eff. Sept. 1, 1993.
§ 44.343. WICHITA COUNTY. (a) The criminal district attorney shall represent the state in all matters in the district and inferior courts in the county. The criminal district attorney shall perform the other duties that are conferred by general law on district and county attorneys.
(b) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
Added by Acts 1987, 70th Leg., ch. 148, § 2.60(a), eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 221, § 1, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1252, § 2, eff. Sept. 1, 2001.
§ 44.350. WOOD COUNTY. (a) The criminal district attorney of Wood County must be at least 25 years old and must have been a practicing attorney in this state for five years. However, if no person meeting those qualifications files as a candidate for the office on or before the 30th day before the last day on which a person may file as a candidate in an election to that office, the qualifications imposed by this subsection do not apply to that election.
(b) The criminal district attorney shall attend each term and session of the district courts in Wood County and each term and session of the inferior courts of the county held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts.
(c) The criminal district attorney shall perform the duties conferred by law on county and district attorneys in the various counties and districts.
(d) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(e) The criminal district attorney, for the purpose of conducting the affairs of the office, may appoint a staff composed of assistant criminal district attorneys, investigators, stenographers, clerks, and other personnel as the Commissioners Court of Wood County may authorize. The commissioners court shall pay the salaries of the staff in equal monthly or bimonthly installments from the officers' salary fund of the county.
(f) The legislature may provide for additional staff members to be paid from state funds if it considers supplementation of the criminal district attorney's staff to be necessary.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 44.351. YOAKUM COUNTY. (a) The criminal district attorney represents the state in all matters in the district and inferior courts in the county. The criminal district attorney shall perform the other duties that are conferred by general law on district and county attorneys.
(b) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(c), (d) Repealed by Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 11(a), eff. Sept. 1, 1991.
Added by Acts 1987, 70th Leg., ch. 148, § 2.61(a), eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 11(a), eff. Sept. 1, 1991. § 45.001. BOND. (a) Each county attorney shall execute a bond payable to the governor in the amount of $2,500, with at least two good and sufficient sureties to be approved by the commissioners court of the county.
(b) The bond must be conditioned on the county attorney faithfully paying over in the manner prescribed by law all money that he collects or receives for any county or the state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 45.002. APPOINTMENT AND OATH OF ASSISTANT. (a) The qualifications for an assistant county attorney are the same as for the county attorney who appoints him.
(b) Before beginning any duties, an assistant county attorney must take the official oath of office, which must be endorsed on his written appointment.
(c) The appointment and oath of an assistant county attorney shall be recorded and deposited in the county clerk's office.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER B. PROVISIONS APPLICABLE TO SPECIFIC COUNTIES
§ 45.112. BAYLOR COUNTY. The county attorney shall represent the state in all misdemeanor cases before the district court in Baylor County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 45.130. CALLAHAN COUNTY. If there is no county attorney in Callahan County, the criminal district attorney in Taylor County shall represent the state in all matters pending before the 42nd District Court in Callahan County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.52(c), eff. Sept. 1, 1987; Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 10, eff. Sept. 1, 1991.
§ 45.142. COLEMAN COUNTY. (a) The county attorney of Coleman County may perform all duties required of district and county attorneys by general law in all matters pending before the district court in Coleman County.
(b) If the county attorney of Coleman County performs the duties of district attorney before the district courts in Coleman County as provided by Subsection (a), the county attorney is entitled to receive from the state a salary of $5,000 a year. The county attorney may not receive that salary for a period of time during which the county attorney does not perform those duties. The county attorney may not receive that salary unless he certifies to the comptroller of public accounts that he is performing the duties of district attorney as required and must notify the comptroller immediately if he ceases to perform those duties. The county attorney is also entitled to receive funds from the state for the payment of staff salaries and other office expenses at the same rate as provided in the General Appropriations Act for a district attorney in a single-county district for a period during which the county attorney performs the duties of district attorney.
(c) If there is no county attorney in Coleman County, the criminal district attorney in Taylor County shall represent the state in all matters pending before the 42nd District Court in Coleman County.
Added by Acts 1987, 70th Leg., ch. 148, § 2.52(d), eff. Sept. 1, 1987.
§ 45.145. COLORADO COUNTY. (a) In Colorado County, the county attorney of Colorado County shall perform the duties imposed on and have the powers conferred on district attorneys by general law.
(b) The county attorney of Colorado County or the Commissioners Court of Colorado County may accept gifts or grants from any individual, partnership, corporation, trust, foundation, association, or governmental entity for the purpose of financing or assisting the operation of the office of county attorney in Colorado County. The county attorney shall account for and report to the commissioners court all gifts or grants accepted under this subsection.
Added by Acts 1997, 75th Leg., ch. 1448, § 2, eff. Sept. 1, 1997.
§ 45.151. COTTLE COUNTY. The county attorney shall represent the state in all misdemeanor cases before the district court in Cottle County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 45.154. CROSBY COUNTY. The county attorney of Crosby County, who performs the duties of a district attorney, is entitled to be compensated by the state in the manner and amount fixed by general law relating to the salary paid to district attorneys by the state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 378, § 2, eff. Sept. 1, 1997.
§ 45.171. EL PASO COUNTY. (a) It is the primary duty of the county attorney in El Paso County or his assistants to represent the state, El Paso County, and the officials of El Paso County in all civil matters pending before the courts of El Paso County and any other courts in which the state, the county, or the officials of the county have matters pending.
(b) The county attorney has the powers, duties, and privileges relating to the prosecution of misdemeanors that relate to health and environmental matters and that relate to the prosecution of misdemeanors under Section 32.42, Penal Code.
(c) At the request of the district attorney, the county attorney may assist the district attorney in criminal cases in El Paso County.
(d) The county attorney in El Paso County performs the duty of collecting and processing checks and similar sight orders as provided under Article 102.007, Code of Criminal Procedure, and prosecutes misdemeanors where a check or sight order is the instrument by which the misdemeanor is committed.
Added by Acts 1993, 73rd Leg., ch. 493, § 2, eff. Oct. 1, 1993.
§ 45.175. FAYETTE COUNTY. In Fayette County the county attorney of Fayette County shall perform the duties imposed on and have the powers conferred on district attorneys by general law and is entitled to be compensated by the state in the manner and amount set by general law relating to the salary paid to district attorneys by the state.
Added by Acts 1987, 70th Leg., ch. 148, § 2.62(a), eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 2, § 1, eff. Feb. 28, 1991.
§ 45.179. FORT BEND COUNTY. (a) It is the primary duty of the county attorney in Fort Bend County to represent the state, Fort Bend County, and the officials of the county in all civil matters pending before the courts of Fort Bend County and any other courts in which the state, Fort Bend County, or the county officials have matters pending.
(b) The county attorney shall represent the Fort Bend County Drainage District and any other county entity created by law.
(c) The county attorney has the powers, duties, and privileges in Fort Bend County relating to civil commitment matters under Subtitle C, Title 7, Health and Safety Code, for and on behalf of the state.
(c-1) The county attorney has the powers, duties, and privileges in Fort Bend County relating to matters involving children's protective services.
(d) The county attorney has no power, duty, or privilege in Fort Bend County relating to family law and juvenile matters, except as provided by Subsection (c-1), protective orders under Title 4, Family Code, orders under Chapter 159, Family Code, and proceedings under Title 3, Family Code.
(e) The county attorney has no power, duty, or privilege in Fort Bend County relating to criminal matters or matters directly relating to criminal matters, including any asset forfeiture relating to a criminal activity, and bond forfeiture proceedings through judgment other than collection of a final judgment on a bond forfeiture.
(f) Except as provided by Section 43.181(d), the county attorney has all the powers, duties, and privileges in Fort Bend County relating to quo warranto and removal from office proceedings.
(g) At the request of the district attorney, the county attorney may assist the district attorney in criminal cases in Fort Bend County.
(h) The county attorney shall, with the approval of the commissioners court, appoint the assistant county attorneys and other assistants necessary to the proper performance of the county attorney's duties. The commissioners court shall set the salary of an assistant to the county attorney.
Added by Acts 1989, 71st Leg., ch. 1099, § 2, eff. Jan. 1, 1991. Amended by Acts 1991, 72nd Leg. ch. 76, § 15, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 165, § 7.31, eff. Sept. 1, 1997; Acts 2005, 79th Leg., ch. 659, § 2, eff. Sept. 1, 2005.
§ 45.193. GRIMES COUNTY. (a) The county attorney of Grimes County shall represent the state, Grimes County, and the officials of the county in all civil matters pending before the courts of Grimes County and any other court.
(b) The county attorney has the powers, duties, and privileges in Grimes County relating to civil commitment matters under Subtitle C, Title 7, Health and Safety Code, family law and juvenile matters, including children's protective services matters, protective orders under Chapter 71, Family Code, orders under Chapter 159, Family Code, and proceedings under Title 3, Family Code.
(c) Except as provided by Section 43.1745, the county attorney has all the powers, duties, and privileges in Grimes County relating to quo warranto and proceedings for removal from office.
(d) The county attorney has no power, duty, or privilege in Grimes County relating to criminal matters, including asset forfeitures under Chapter 59, Code of Criminal Procedure, appearance bond forfeitures under Chapter 17, Code of Criminal Procedure, and habeas corpus related to criminal matters.
Added by Acts 1995, 74th Leg., ch. 704, § 26, eff. Jan. 1, 1997. Amended by Acts 1997, 75th Leg., ch. 165, § 7.32, eff. Sept. 1, 1997.
§ 45.201. HARRIS COUNTY. It is the primary duty of the county attorney in Harris County or his assistants to represent the state, Harris County, and the officials of Harris County in all civil matters pending before the courts of Harris County and any other courts in which the state, the county, or the officials of the county have matters pending. The county attorney shall represent the Harris County Flood Control District and perform the other duties imposed by this section without any additional fee, compensation, or perquisite other than that paid by Harris County out of its officers' salary fund.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 45.227. JONES COUNTY. The county attorney shall represent the state in all misdemeanor cases before the district court in Jones County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 45.235. KING COUNTY. The county attorney shall represent the state in all misdemeanor cases before the district court in King County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 45.238. KNOX COUNTY. The county attorney shall represent the state in all misdemeanor cases before the district court in Knox County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 45.244. LEE COUNTY. The county attorney of Lee County represents the state in all matters pending before the district courts in Lee County.
Added by Acts 1987, 70th Leg., ch. 148, § 2.63(a), eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 762, § 2, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 819, § 1, eff. Sept. 1, 1993.
§ 45.261. MATAGORDA COUNTY. (a) It is the primary duty of the county attorney in Matagorda County to represent the state, Matagorda County, and the officials of the county in civil matters pending before any court in which the state, Matagorda County, or the officials have matters pending.
(b) The county attorney shall handle children's protective services, protective orders under the Family Code, and proceedings under Title 2 or 5, Family Code.
(c) At the request of the district attorney, the county attorney may assist the district attorney in criminal cases in Matagorda County.
Added by Acts 1995, 74th Leg., ch. 457, § 3, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, § 7.33, eff. Sept. 1, 1997.
§ 45.270. MONTGOMERY COUNTY. (a) The county attorney of Montgomery County, or the county attorney's assistants, shall represent the state, Montgomery County, and the officials of the county in all civil matters pending before a court of Montgomery County or any other court.
(b) The county attorney has the powers, duties, and privileges in Montgomery County relating to:
(1) civil commitment matters under Subtitle C, Title 7, Health and Safety Code;
(2) juvenile matters, including proceedings under Title 3, Family Code; (3) child protective services; and (4) protective orders under Title 4, Family Code. (c) Notwithstanding Subsection (a), the commissioners court in Montgomery County may retain independent counsel in any civil matter.
Added by Acts 2005, 79th Leg., ch. 821, § 1, eff. June 17, 2005.
§ 45.280. OLDHAM COUNTY. (a) The county attorney in Oldham County shall represent the state in all matters pending before the district court in Oldham County.
(b) The county attorney in Oldham County is entitled to be compensated by the state in the manner and amount provided by general law relating to the salary paid to district attorneys by the state. Oldham County shall pay $28,500 of the county attorney's total salary, and the state shall pay the remainder of the salary.
(c) The county attorney in Oldham County is entitled to receive from the state the amount provided in the General Appropriations Act for the payment of staff salaries and office expenses in single-county districts.
(d) If there is no county attorney in Oldham County, the criminal district attorney of Deaf Smith County shall represent the state in all matters pending before the district court in Oldham County on appointment by the judge of the district court in Oldham County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1570, § 2, eff. Sept. 1, 1999.
§ 45.290. RAINS COUNTY. (a) In Rains County, the county attorney of Rains County shall perform the duties imposed on and have the powers conferred on district attorneys by general law.
(b) The county attorney of Rains County is entitled to be compensated by the state in the manner and amount fixed by general law relating to the salary paid to district attorneys by the state. Rains County is also entitled to receive from the state an amount equal to the amount provided in the General Appropriations Act to district attorneys for the payment of staff salaries and expenses of the office.
Added by Acts 1999, 76th Leg., ch. 917, § 2, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 174, § 1, eff. Sept. 1, 2001.
§ 45.309. SHACKELFORD COUNTY. The county attorney shall represent the state in all misdemeanor cases before the district court in Shackelford County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 45.315. STEPHENS COUNTY. The county attorney of Stephens County shall represent the state in all misdemeanor cases before the district court of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 45.340. WEBB COUNTY. The county attorney handles or prosecutes all juvenile, child welfare, and mental health cases in Webb County, the other civil cases in Webb County where the state is a party, and the other duties imposed by law on the office of county attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 45.341. WHARTON COUNTY. (a) The primary duty of the county attorney in Wharton County is to represent the state, Wharton County, and county officials in civil matters.
(b) The county attorney has the powers and duties relating to cases involving protective orders under Chapter 71, Family Code, and cases under Title 5, Family Code, including cases brought for the protection of children.
(c) At the request of the district attorney, the county attorney may assist the district attorney in the prosecution of criminal cases in Wharton County.
(d) The county attorney represents the state in proceedings under Title 3, Family Code.
(e) The county attorney represents the Wharton County Drainage District.
Added by Acts 1997, 75th Leg., ch. 477, § 2, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 51, § 2, eff. Sept. 1, 2003. § 46.001. DEFINITIONS. In this chapter: (1) "County prosecutor" means a constitutional county attorney who does not have general felony jurisdiction and who is not a state prosecutor.
(2) "Benchmark salary" means the salary that is provided for a district judge in the General Appropriations Act.
(3) "State prosecutor" means a district attorney, criminal district attorney, or county attorney performing the duties of district attorney who serves in a district or county listed in Section 46.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1570, § 1, eff. Sept. 1, 1999.
§ 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter applies to all county prosecutors and to the following state prosecutors:
Text of subd. (1) effective until January 1, 2009
(1) the district attorneys for the 1st, 2nd, 8th, 9th, 12th, 18th, 21st, 23rd, 25th, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 42nd, 43rd, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, 66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th, 97th, 100th, 105th, 106th, 110th, 112th, 118th, 119th, 123rd, 142nd, 145th, 156th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, 268th, 271st, 278th, 286th, 329th, 349th, and 355th judicial districts;
Text of subd. (1) effective January 1, 2009
(1) the district attorneys for the 1st, 2nd, 8th, 9th, 12th, 18th, 21st, 23rd, 25th, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 42nd, 43rd, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, 66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th, 97th, 100th, 105th, 106th, 110th, 118th, 119th, 123rd, 142nd, 145th, 156th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, 268th, 271st, 278th, 286th, 329th, 344th, 349th, and 355th judicial districts;
(2) the criminal district attorneys for the counties of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and
(3) the county attorneys performing the duties of district attorneys in the counties of Andrews, Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls, Fannin, Freestone, Lamar, Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange, Rains, Red River, Robertson, Rusk, Terry, Webb, and Willacy.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.64(a), eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 1045, § 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 1045, § 2, eff. Jan. 1, 1989; Acts 1989, 71st Leg., ch. 216, § 3, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 373, § 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 811, § 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1099, § 4, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 8. § 2, eff. Jan. 1, 1993; Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 3, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 42, § 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 565, § 4, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 762, § 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 819, § 2, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 100, § 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 202, § 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 457, § 4, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 704, § 27, eff. Jan. 1, 1995; Acts 1997, 75th Leg., ch. 378, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 412, § 3, eff. Sept 1, 1997; Acts 1997, 75th Leg., ch. 720, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 727, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 739, § 4, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 853, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1081, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1290, § 1, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1352, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1448, § 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 674, § 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 989, § 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1463, § 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1570, § 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 174, § 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 482, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 989, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 716, § 3, eff. Jan. 1, 2004; Acts 2003, 78th Leg., ch. 792, § 1, eff. Jan. 1, 2005; Acts 2003, 78th Leg., ch. 1256, § 1, eff. Jan. 1, 2005; Acts 2005, 79th Leg., ch. 80, § 1, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 734, § 3, eff. Jan. 1, 2009.
§ 46.003. COMPENSATION OF STATE PROSECUTORS. (a) Each state prosecutor is entitled to receive from the state compensation equal to the compensation that is provided for a district judge in the General Appropriations Act.
(b) A commissioners court may supplement the state prosecutor's state salary but may not pay the state prosecutor an amount less than the compensation it pays its highest paid district judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 1254, § 2, eff. Sept. 1, 1989; Acts 1999, 76th Leg., ch. 1570, § 1, eff. Sept. 1, 1999.
§ 46.0031. COMPENSATION OF COUNTY PROSECUTORS. (a) Except as provided by Subsection (b), each county that has a county prosecutor is entitled to receive from the state supplemental salary compensation to be paid by the county to the county prosecutor in an amount equal to the amount that is one-half of the benchmark salary divided by the total number of counties served by the state prosecutor, unless that formula would result in an amount less than one-sixth of the benchmark salary, in which case the county prosecutor is entitled to receive one-sixth of the benchmark salary. A county with no county prosecutor is not entitled to receive the salary supplement funds provided by this section.
(b) For a county with more than one state prosecutor who serves that county, the supplemental salary compensation for the county prosecutor is computed by:
(1) determining the amount of compensation as provided by Subsection (a) in relation to each state prosecutor as if that state prosecutor is the only state prosecutor who serves the county;
(2) adding the amounts of compensation determined under Subdivision (1); and
(3) setting the amount of compensation at the lesser of: (A) the sum of those amounts; or (B) one-half of the benchmark rate. (c) If the receipt of compensation under this section causes the gross salary of a county prosecutor to exceed the benchmark salary, or if any amount of the compensation is waived by the prosecutor, the excess or waived amount shall be used for expenses of the county prosecutor's office.
(d) At least annually the comptroller shall pay to the salary fund of each county that is entitled to receive funds under this section an amount authorized under this section to supplement the salary of the county prosecutor.
(e) A county attorney who does not have criminal prosecution duties or who has criminal prosecution duties only upon request of the district attorney is entitled to receive from the state supplemental salary compensation that is equal to one-half the amount the county attorney would be eligible for under Subsection (a) or (b). The remainder of the supplement shall be used for expenses of the county attorney's office. This subsection does not apply to a county attorney who is responsible for the prosecution of juvenile justice cases under Title 3, Family Code.
Added by Acts 1999, 76th Leg., ch. 1570, § 1, eff. Sept. 1, 1999.
§ 46.004. EXPENSES. (a) Each state prosecutor is entitled to receive not less than $22,500 a year from the state to be used by the prosecutor to help defray the salaries and expenses of the office. That money may not be used to supplement the prosecutor's salary.
(b) Each state prosecutor shall submit annually to the comptroller of public accounts a sworn account showing how this money was spent during the year.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1570, § 1, eff. Sept. 1, 1999.
§ 46.005. LIMITATIONS ON LAW PRACTICE. (a) A state prosecutor may not engage in the private practice of law but may complete all civil cases that are not in conflict with the interest of any of the counties of the district in which the prosecutor serves and that are pending in court before the prosecutor takes office.
(b) A state prosecutor may not accept a fee from an attorney to whom the prosecutor has referred a case.
(c) This section applies to a county prosecutor and any assistant of a prosecutor if, from all state and county funds received, the county prosecutor or assistant receives a salary that is equal to or more than 80 percent of the benchmark salary.
(d) This section does not apply to a county prosecutor who files with the county auditor an annual written waiver of the amount of compensation that is equal to or exceeds 80 percent of the benchmark salary. An amount waived under this subsection shall be used for expenses of the county prosecutor's office.
(e) This section does not apply to a county prosecutor who, before September 1, 1999, was paid in excess of the benchmark salary by the county in which the prosecutor serves.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1570, § 1, eff. Sept. 1, 1999.
§ 46.006. PURPOSE; DUTY OF COUNTY. (a) It is the purpose of this chapter to increase the effectiveness of law enforcement in this state and to increase the funds available for use in prosecution at both the felony and misdemeanor levels.
(b) The commissioners court in each county that has a prosecutor subject to this chapter may not reduce the county funds provided for the salary or office of the prosecutor as a result of the funds provided by this chapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1570, § 1, eff. Sept. 1, 1999.
§ 46.007. INELIGIBILITY FOR CERTAIN OTHER STATE FUNDS. Subchapter C, Chapter 41, does not apply to a county if the county is served by a state prosecutor who serves in a district or county listed in Section 46.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1570, § 1, eff. Sept. 1, 1999. § 52.001. DEFINITIONS. In this chapter: (1) "Board" means the Court Reporters Certification Board. (2) "Certification" means a certification issued by the state supreme court on the board's recommendation.
(2-a) "Director" means the administrative director of the board's employees.
(3) "Official court reporter" means the shorthand reporter appointed by a judge as the official court reporter.
(4) "Shorthand reporter" and "court reporter" mean a person who engages in shorthand reporting.
(5) "Shorthand reporting" and "court reporting" mean the practice of shorthand reporting for use in litigation in the courts of this state by making a verbatim record of an oral court proceeding, deposition, or proceeding before a grand jury, referee, or court commissioner using written symbols in shorthand, machine shorthand, or oral stenography.
(6) "Shorthand reporting firm," "court reporting firm," and "affiliate office" mean an entity wholly or partly in the business of providing court reporting or other related services in this state.
(7) "Registration" means a registration issued by the board.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 1037, § 1, eff. Sept. 1, 1993; Acts 2001, 77th Leg., ch. 29, § 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 813, § 1, eff. Sept. 1, 2003.
§ 52.002. RULES. The supreme court may adopt rules consistent with this chapter, including rules governing:
(1) the certification and conduct of official and deputy court reporters and shorthand reporters; and
(2) the registration and conduct of court reporting and shorthand reporting firms.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 29, § 3, eff. Sept. 1, 2001.
§ 52.003. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING. (a) Subject to Sections 52.021(i), 52.029, 52.0295, and 52.034 and any rules related to ethics or professional conduct promulgated by the supreme court, the supreme court may not adopt rules restricting advertising or competitive bidding by a certification or registration holder except to prohibit false, misleading, or deceptive practices.
(b) In its rules to prohibit false, misleading, or deceptive practices, the supreme court may not include a rule that:
(1) restricts the use of any medium for advertising; (2) restricts the use of a certification or registration holder's personal appearance or voice in an advertisement;
(3) relates to the size or duration of an advertisement by the certification or registration holder; or
(4) restricts the certification or registration holder's advertisement under a trade name.
Added by Acts 2003, 78th Leg., ch. 813, § 2, eff. Sept. 1, 2003.
SUBCHAPTER B. COURT REPORTERS CERTIFICATION BOARD, ADMINISTRATIVE PROVISIONS
§ 52.011. ORGANIZATION. (a) The Court Reporters Certification Board is appointed by the supreme court and is composed of:
(1) one active district judge who serves as chairman; (2) two active attorneys licensed in this state who have been practicing members of the State Bar for more than the five years immediately preceding their appointment to the board;
(3) two active official court reporters who have practiced shorthand reporting in this state for more than the five years immediately preceding their appointment to the board;
(4) two active certified shorthand reporters who work on a freelance basis and who have practiced shorthand reporting for more than the five years immediately preceding their appointment to the board;
(5) one representative of a shorthand reporting firm that is not owned by a certified shorthand reporter and that has operated as a shorthand reporting firm in this state for more than the three years immediately preceding the representative's appointment to the board;
(6) one representative of a shorthand reporting firm that is owned by a certified shorthand reporter and that has operated as a shorthand reporting firm in this state for more than the three years immediately preceding the representative's appointment to the board; and
(7) four members who are representatives of the general public. (b) Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
(c) A person may not be a member of the board or act as the general counsel to the board if the person is:
(1) required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the board; or
(2) an owner, officer, or employee of a school or institution engaged in instructing persons in shorthand reporting skills.
(d) In this subsection, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest. A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of shorthand reporting; or
(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of shorthand reporting.
(e) A person may not be a public member of the board if the person or the person's spouse:
(1) is a judge; (2) is licensed to practice law in this state; (3) is registered or certified by the board; (4) is an elected public official; (5) is a full-time governmental employee; (6) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the board;
(7) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the board; or
(8) uses or receives a substantial amount of tangible goods, services, or money from the board other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
(f) Board members serve six-year terms of office. (g) A member holds office until that member's successor is appointed and has qualified for office. A board member may not be appointed to an immediately succeeding term unless the member has served less than three consecutive years.
(h) If a vacancy occurs on the board, the supreme court shall appoint a similarly qualified person to serve the remainder of the term.
(i) Board members serve without compensation but are entitled to reimbursement for actual and necessary expenses incurred in traveling and performing official board duties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.68(a), eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 167, § 2.19(15), eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 561, § 22, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 76, § 5.95(28), eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 29, § 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 813, § 4, eff. Sept. 1, 2003.
§ 52.0111. BOARD MEMBER TRAINING. (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b) The training program must provide the person with information regarding:
(1) the legislation that created the board; (2) the programs operated by the board; (3) the role and functions of the board; (4) the rules of the board, with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5) the current budget for the board; (6) the results of the most recent formal audit of the board; (7) the requirements of: (A) the open meetings law, Chapter 551; (B) the public information law, Chapter 552; (C) the administrative procedure law, Chapter 2001; and (D) other laws relating to public officials, including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 2003, 78th Leg., ch. 813, § 6, eff. Sept. 1, 2003.
§ 52.0112. REMOVAL OF BOARD MEMBER. (a) It is a ground for removal from the board that a member:
(1) does not have at the time of taking office the qualifications required by Section 52.011;
(2) does not maintain during service on the board the qualifications required by Section 52.011;
(3) is ineligible for membership under Section 52.011(e); (4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.
(b) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c) If the director has knowledge that a potential ground for removal exists, the director shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the supreme court that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the director shall notify the next highest ranking officer of the board, who shall then notify the supreme court that a potential ground for removal exists.
Added by Acts 2003, 78th Leg., ch. 813, § 6, eff. Sept. 1, 2003.
§ 52.012. MEETINGS. (a) The board shall meet at least once a year in Austin and may hold its meetings, hearings, examinations, and other proceedings at other times and places as determined by the board.
(b) Seven members of the board constitute a quorum.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 29, § 5, eff. Sept. 1, 2001.
§ 52.0121. PUBLIC PARTICIPATION. The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.
Added by Acts 2003, 78th Leg., ch. 813, § 6, eff. Sept. 1, 2003.
§ 52.013. POWERS AND DUTIES. (a) The board shall: (1) administer and enforce this chapter; (2) administer the examination prescribed by Section 52.023; (3) set the amount of each fee prescribed by this chapter, subject to the approval of the supreme court;
(4) charge and collect the fees prescribed by this chapter; (5) determine the qualifications and pass on the eligibility of each person applying for certification or recertification;
(6) maintain a record of each court reporting firm or affiliate office that registers with the board as required by this chapter; and
(7) issue a registration to each court reporting firm or affiliate office that registers with the board.
(b) The board may: (1) appoint any necessary or proper subcommittee; (2) designate a board employee to serve as director; (3) approve curriculum for court reporter career schools and colleges as provided by Section 132.055, Education Code;
(4) approve court reporter programs in technical institutes and public community colleges for purposes of certification under Section 61.051, Education Code; and
(5) approve continuing professional education courses for persons certified as court reporters.
(c) The board shall maintain: (1) a complete record of each board proceeding; (2) a complete record of each certification issued, renewed, or revoked; and
(3) a complete record of each registration issued, renewed, or revoked. (d) The board is charged with the executive functions necessary to carry out the purposes of this chapter under rules adopted by the supreme court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 563, § 3, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 91, § 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 260, § 25, eff. May 30, 1995; Acts 2001, 77th Leg., ch. 29, § 6, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 364, § 2.28, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 813, § 5, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 817, § 8.42, eff. Sept. 1, 2003.
§ 52.0131. ADMINISTRATIVE ATTACHMENT. (a) The board is administratively attached to the Office of Court Administration of the Texas Judicial System.
(b) Notwithstanding any other law, the Office of Court Administration of the Texas Judicial System shall:
(1) provide administrative assistance and services to the board, including budget planning and purchasing;
(2) accept, deposit, and disburse money made available to the board; (3) pay the salaries and benefits of the director and employees of the board; and
(4) provide the board with adequate computer equipment and support.
Added by Acts 2003, 78th Leg., ch. 813, § 7, eff. Sept. 1, 2003.
§ 52.014. SUNSET PROVISION. The Court Reporters Certification Board is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished September 1, 2015.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1985, 69th Leg., ch. 480, § 21, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 148, § 2.69(a), eff. Sept. 1, 1987; Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 6.14, eff. Nov. 12, 1991; Acts 2003, 78th Leg., ch. 813, § 8, eff. Sept. 1, 2003.
§ 52.015. CONTINUING EDUCATION. (a) The supreme court may authorize and the board by rule may require continuing professional education for persons certified as court reporters.
(b) The rules for continuing professional education adopted by the board may include standards relating to:
(1) annual reporting by court reporters or by providers of continuing professional education;
(2) continuing professional education course content; and (3) minimum number of hours of continuing professional education required annually.
(c) The board by rule may exempt certain persons, including disabled and retired persons, from all or a portion of the continuing education requirements.
Added by Acts 1995, 74th Leg., ch. 91, § 3, eff. Sept. 1, 1995.
§ 52.016. CODE OF ETHICS. (a) The board shall develop and recommend to the supreme court for adoption by rule a code of ethics for certification or registration holders under this chapter. In developing the code of ethics, the board may use the codes of ethics adopted by state or national court reporters' associations as models.
(b) The board shall publish the code of ethics after adoption by the supreme court.
(c) After publishing the code of ethics, the board shall propose to the supreme court a rule stating that a person who violates the code of ethics is subject to an administrative penalty assessed under Section 52.0321.
(d) The board shall update the code of ethics as necessary to reflect changes in technology or other factors affecting the field of shorthand reporting.
Added by Acts 2003, 78th Leg., ch. 813, § 9, eff. Sept. 1, 2003.
§ 52.0165. INFORMATION ON COMPLAINTS. (a) The board shall maintain a file on each written complaint filed with the board. The file must include:
(1) the name of the person who filed the complaint; (2) the date the complaint is received by the board; (3) the subject matter of the complaint; (4) the name of each person contacted in relation to the complaint; (5) a summary of the results of the review or investigation of the complaint; and
(6) an explanation of the reason the file was closed, if the board closed the file without taking action other than to investigate the complaint.
(b) The board shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the board's policies and procedures relating to complaint investigation and resolution.
(c) The board, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
Added by Acts 2003, 78th Leg., ch. 813, § 9, eff. Sept. 1, 2003.
§ 52.017. USE OF TECHNOLOGY. The Office of Court Administration of the Texas Judicial System shall research and propose appropriate technological solutions to improve the board's ability to perform its functions. The technological solutions must:
(1) ensure that the public is able to easily find information about the board on the Internet;
(2) ensure that persons who want to use the board's services are able to: (A) interact with the board through the Internet; and (B) access any service that can be provided effectively through the Internet; and
(3) be cost-effective and developed through the board's planning processes.
Added by Acts 2003, 78th Leg., ch. 813, § 9, eff. Sept. 1, 2003.
§ 52.0175. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. (a) The board shall develop and implement a policy to encourage the use of appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the board's jurisdiction.
(b) The board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to: (1) coordinate the implementation of the policy adopted under Subsection (a);
(2) serve as a resource for any training needed to implement the procedures for alternative dispute resolution; and
(3) collect data concerning the effectiveness of those procedures, as implemented by the board.
Added by Acts 2003, 78th Leg., ch. 813, § 9, eff. Sept. 1, 2003.
§ 52.018. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The Office of Court Administration of the Texas Judicial System shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b) The policy statement must include: (1) personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the board to avoid the unlawful employment practices described by Chapter 21, Labor Code; and
(2) an analysis of the extent to which the composition of the board's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(c) The policy statement must: (1) be updated annually; (2) be reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Added by Acts 2003, 78th Leg., ch. 813, § 9, eff. Sept. 1, 2003.
§ 52.0185. STANDARDS OF CONDUCT. The director or the director's designee shall provide to members of the board and to board employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 2003, 78th Leg., ch. 813, § 9, eff. Sept. 1, 2003.
§ 52.019. STATE EMPLOYEE INCENTIVE PROGRAM. The director or the director's designee shall provide to board employees information and training on the benefits and methods of participation in the state employee incentive program.
Added by Acts 2003, 78th Leg., ch. 813, § 9, eff. Sept. 1, 2003.
SUBCHAPTER C. CERTIFICATION AND REGISTRATION
§ 52.021. CERTIFICATION OF REPORTERS. (a) A person may not be appointed an official court reporter or a deputy court reporter unless the person is certified as a shorthand reporter by the supreme court.
(b) A person may not engage in shorthand reporting in this state unless the person is certified as a shorthand reporter by the supreme court.
(c) A certification issued under this chapter must be for one or more of the following methods of shorthand reporting:
(1) written shorthand; (2) machine shorthand; (3) oral stenography; or (4) any other method of shorthand reporting authorized by the supreme court.
(d) A person certified under this chapter before September 1, 1983, may retain a general certification authorizing the person to use any authorized method of shorthand reporting. The person must keep the certification in continuous effect.
(e) A person may not assume or use the title or designation "court recorder," "court reporter," or "shorthand reporter," or any abbreviation, title, designation, words, letters, sign, card, or device tending to indicate that the person is a court reporter or shorthand reporter, unless the person is certified as a shorthand reporter by the supreme court. Nothing in this subsection shall be construed to either sanction or prohibit the use of electronic court recording equipment operated by a noncertified court reporter pursuant and according to rules adopted or approved by the supreme court.
(f) Except as provided by Section 52.031 and by Section 20.001, Civil Practice and Remedies Code, all depositions conducted in this state must be recorded by a certified shorthand reporter.
(g) The board may enforce this section by seeking an injunction or by filing a complaint against a person who is not certified by the supreme court in the district court of the county in which that person resides or Travis County. Said action for an injunction shall be in addition to any other action, proceeding, or remedy authorized by law. The board shall be represented by the attorney general and/or the county or district attorney of this state, or counsel designated and empowered by the board.
(h) A court reporting firm shall register with the board by completing an application in a form adopted by the board.
(i) Rules applicable to a court reporter are also applicable to a court reporting firm. The board may enforce this subsection by assessing a reasonable fee against a court reporting firm. This subsection does not apply to court reporting services performed outside of this state by a foreign shorthand reporter who is not certified in this state for use in a court proceeding in this state, provided that the work resulting from those services is produced and billed wholly outside of this state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 367, § 1, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 799, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1037, § 2, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 122, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 29, § 8, 9, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 813, § 10, eff. Sept. 1, 2003.
§ 52.0211. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION. (a) Chapter 53, Occupations Code, applies to an applicant for or a holder of a certification or registration under this chapter, notwithstanding Section 53.002, Occupations Code.
(b) The supreme court shall adopt rules necessary to comply with Chapter 53, Occupations Code.
Added by Acts 2003, 78th Leg., ch. 813, § 11, eff. Sept. 1, 2003.
§ 52.022. APPLICATION FOR EXAMINATION. A person seeking certification must file an application for examination with the board not later than the 30th day before the date fixed for the examination. The application must be accompanied by the required fee.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.023. EXAMINATION. (a) The examination for certification in one or more of the authorized methods of shorthand reporting consists of two parts, designated Part A and Part B.
(b) Part A consists of five minutes of two-voice dictation of questions and answers given at 225 words per minute, five minutes of dictation of jury charges given at 200 words per minute, and five minutes of dictation of selected literary material given at 180 words per minute. Each applicant must personally take down the test material, either in writing or in voice, and must prepare a transcript of the material taken down. The minimum passing grade for each section of Part A is 95 percent. A dictionary may be used during Part A. Each applicant has three hours to complete the transcription of Part A. If an applicant finishes before the three hours have elapsed, the applicant may review the transcript but may use only the test material taken down by that applicant to review the transcript. An error is charged for:
(1) each wrong word; (2) each omitted word; (3) each word added by the applicant that was not dictated; (4) each contraction interpreted by the applicant as two words; (5) two words interpreted by the applicant as a contraction; (6) each misplaced word; (7) each misplaced period that materially alters the sense of a group of words or a sentence;
(8) each misspelled word; (9) the use of the plural or singular if the opposite was dictated; and (10) each wrong number. (c) Part B consists of objective questions relating to elementary aspects of shorthand reporting, spelling, and grammar. The minimum passing grade for Part B is 75 percent. A dictionary may not be used during Part B.
(d) An applicant who cheats on the examination is disqualified and may not take the examination again until two years have elapsed from the date of the examination at which the applicant was disqualified.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.70, eff. Sept. 1, 1987; Acts 1999, 76th Leg., ch. 562, § 1, eff. June 18, 1999.
§ 52.0231. EXAMINATION RESULTS. (a) Not later than the 30th day after the date a person takes an examination under this chapter, the board shall notify the person of the results of the examination.
(b) If the examination is graded or reviewed by a testing service: (1) the board shall notify the person of the results of the examination not later than the 30th day after the date the board receives the results from the testing service; and
(2) if notice of the examination results will be delayed for longer than 90 days after the examination date, the board shall notify the person of the reason for the delay before the 90th day.
(c) The board may require a testing service to notify a person of the results of the person's examination.
(d) If requested in writing by a person who fails an examination administered under this chapter, the board shall furnish the person with an analysis of the person's performance on the examination.
Added by Acts 2003, 78th Leg., ch. 813, § 11, eff. Sept. 1, 2003.
§ 52.024. CERTIFICATION TO SUPREME COURT. (a) The board shall certify to the supreme court the name of each qualified applicant who has passed the examination.
(b) Repealed by Acts 2003, 78th Leg., ch. 813, § 21.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2003, 78th Leg., ch. 813, § 21, eff. Sept. 1, 2003.
§ 52.0241. RECIPROCAL CERTIFICATION OR CERTIFICATION BY ENDORSEMENT. (a) The board may waive any prerequisite to certification for an applicant after reviewing the applicant's credentials and determining that the applicant holds a license or certification issued by another jurisdiction that has licensing or certification requirements substantially equivalent to those of this state.
(b) The board may waive any prerequisite to certification for an applicant who holds a license or certification issued by another jurisdiction with which this state has a reciprocity agreement. The board may make an agreement, subject to the approval of the supreme court, with another state to allow for certification by reciprocity.
Added by Acts 2003, 78th Leg., ch. 813, § 11, eff. Sept. 1, 2003.
§ 52.025. TITLE; OATHS. (a) On certification, a shorthand reporter may use the title "Certified Shorthand Reporter" or the abbreviation "CSR."
(b) A certified shorthand reporter may administer oaths to witnesses anywhere in this state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.0255. FIRM REGISTRATION. (a) A shorthand reporting firm may not assume or use the title or designation "court recording firm," "court reporting firm," or "shorthand reporting firm" or any abbreviation, title, designation, words, letters, sign, card, or device tending to indicate that the firm is a court reporting firm or shorthand reporting firm, or offer services as a court reporting firm or shorthand reporting firm, unless the firm and its affiliate offices are registered with the board on a form prescribed by the board as required by this chapter.
(b) The board may enforce this section against a firm, its affiliate office, or both, if the firm or affiliate office is not registered with the board, by seeking an injunction or by filing a complaint in the district court of the county in which the firm or affiliate office is located or in Travis County. An action for an injunction is in addition to any other action, proceeding, or remedy authorized by law. The attorney general, a county or district attorney of this state, or counsel designated and empowered by the board shall represent the board.
Added by Acts 2001, 77th Leg., ch. 29, § 10, eff. Sept. 1, 2001.
§ 52.026. CERTIFICATION AND REGISTRATION FEE AND RENEWAL. (a) A person who receives certification as a shorthand reporter or a shorthand reporting firm or affiliate office that registers with the board must pay the initial fee and any other required fee before receiving the certification or registration.
(b) A certification or registration expires at 12:01 a.m. on January 1 following the second anniversary of the date on which it was issued unless the certification or registration is renewed. Thereafter, the certification or registration expires at 12:01 a.m. of each second January 1 unless renewed.
(c) A person who is otherwise eligible to renew a certification or registration may renew an unexpired certification or registration by paying the required renewal fee to the board before the expiration date of the certification or registration. A person whose certification or registration has expired may not engage in activities that require a certification or registration until the certification or registration has been renewed.
(d) A person whose certification or registration has been expired for 90 days or less may renew the certification or registration by paying to the board a renewal fee that is equal to 1-1/2 times the normally required renewal fee.
(e) A person whose certification or registration has been expired for more than 90 days but less than one year may renew the certification or registration by paying to the board a renewal fee that is equal to two times the normally required renewal fee.
(f) A person whose certification or registration has been expired for one year or more may not renew the certification or registration. The person may obtain a new certification or registration by complying with the requirements and procedures, including the examination requirements, for obtaining an original certification or registration.
(g) A person who was certified in this state, moved to another state, and is currently certified and has been in practice in the other state for the two years preceding the date of application may obtain a new certification without reexamination. The person must pay to the board a fee that is equal to two times the normally required renewal fee for the certification.
(h) Not later than the 30th day before the date a person's certification or registration is scheduled to expire, the board shall send written notice of the impending expiration to the person at the person's last known address according to the records of the board.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 29, § 11, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 813, § 12, eff. Sept. 1, 2003.
§ 52.0261. STAGGERED RENEWAL OF CERTIFICATION OR REGISTRATION. The supreme court by rule may adopt a system under which certifications or registrations expire on various dates during the year. For the year in which the certification or registration expiration date is changed, the board shall prorate certification or registration fees on a monthly basis so that each certification or registration holder pays only that portion of the certification or registration fee that is allocable to the number of months during which the certification or registration is valid. On renewal of the certification or registration on the new expiration date, the total certification or registration renewal fee is payable.
Added by Acts 2003, 78th Leg., ch. 813, § 13, eff. Sept. 1, 2003.
§ 52.027. COMPLAINT. (a) To file a complaint against a certified shorthand reporter or a shorthand reporting firm or affiliate office registered with the board, a person must:
(1) have personal knowledge of the alleged violation; (2) complete a complaint form provided by the board; (3) sign the completed form; and (4) attach any pertinent documentary evidence to the form. (b) On receipt of a properly executed complaint, the board shall furnish a copy of the complaint and any attachments to the shorthand reporter or shorthand reporting firm or affiliate office that is the subject of the complaint.
(c) This section does not preclude the board or a court of this state from filing a complaint against a certified shorthand reporter or a shorthand reporting firm.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 29, § 11, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 813, § 14, 15, eff. Sept. 1, 2003.
§ 52.0271. COMPLAINT DISMISSAL. (a) The board may adopt a policy allowing board employees to dismiss complaints that:
(1) clearly do not allege misconduct; or (2) are not within the board's jurisdiction. (b) Board employees shall inform the board of all dismissals made under this section.
(c) A person who files a complaint that is dismissed under this section may request that the board reconsider the complaint.
Added by Acts 2003, 78th Leg., ch. 813, § 16, eff. Sept. 1, 2003.
§ 52.028. NOTICE AND HEARING. (a) If after receiving a verified complaint the board believes that a hearing on the complaint is advisable, the board shall set a date for the hearing not later than the 30th day after the date on which the board received the complaint.
(b) Immediately after setting the date for the hearing, the board shall notify the shorthand reporter or shorthand reporting firm or affiliate office that is the subject of the complaint. The notice must state the cause of any contemplated disciplinary action and the time and place of the hearing. The notice shall be mailed to the registered address of the shorthand reporter or shorthand reporting firm or affiliate office not later than the 30th day before the date on which the hearing is scheduled.
(c) The chairman or the chairman's designee shall preside at the hearing. (d) At the hearing, the board shall apply the general rules of evidence applicable in a district court.
(e) The board shall rule on requests for continuances with regard to the hearing.
(f) At the direction of a majority of the board, each board member may administer oaths, subpoena witnesses and compel their attendance, take evidence, and require the production of records relating to a matter within the board's jurisdiction.
(g) The board shall produce a written summary of the evidence before it and a written finding of facts. The board shall forward a copy of its findings of fact and rulings to the complainant and any aggrieved party.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 29, § 12, eff. Sept. 1, 2001.
§ 52.029. DISCIPLINARY ACTIONS AGAINST COURT REPORTERS. (a) After receiving a complaint and giving the certified shorthand reporter notice and an opportunity for a hearing as prescribed by Section 52.028, the board shall revoke, suspend, or refuse to renew the shorthand reporter's certification or issue a reprimand to the reporter for:
(1) fraud or corruption; (2) dishonesty; (3) wilful or negligent violation or failure of duty; (4) incompetence; (5) fraud or misrepresentation in obtaining certification; (6) a final conviction of a felony or misdemeanor that directly relates to the duties and responsibilities of a certified court reporter, as determined by rules adopted under Section 52.0211;
(7) engaging in the practice of shorthand reporting using a method for which the reporter is not certified;
(8) engaging in the practice of shorthand reporting while certification is suspended;
(9) unprofessional conduct, including giving directly or indirectly, benefiting from, or being employed as a result of any gift, incentive, reward, or anything of value to attorneys, clients, or their representatives or agents, except for nominal items that do not exceed $100 in the aggregate for each recipient each year;
(10) entering into or providing services under a prohibited contract described by Section 52.034;
(11) committing any other act that violates this chapter or a rule or provision of the code of ethics adopted under this chapter; or
(12) other sufficient cause. (b) The board may suspend the certification: (1) for a designated period of time not to exceed 12 months; (2) until the person corrects the deficiencies that were the grounds for the suspension; or
(3) until the person complies with any conditions imposed by the board to ensure the person's future performance as a shorthand reporter.
(c) A suspended shorthand reporter may apply for reinstatement by presenting proof that:
(1) the designated time has expired; (2) the person has corrected the deficiencies; or (3) the person has complied with the conditions imposed by the board. (d) On its own motion, the board may conduct a hearing to inquire into a suspension. If the board finds that a person has not corrected the deficiencies that were the grounds of the suspension or has not complied with the conditions imposed by the board, the board may revoke the person's certification.
(e) The supreme court may authorize and the board may adopt rules relating to the nonrenewal of the certification of a court reporter who is in default on a loan guaranteed under Chapter 57, Education Code, by the Texas Guaranteed Student Loan Corporation.
(f) The board may place on probation a person whose certification is suspended. If a certification suspension is probated, the board may require the person to:
(1) report regularly to the board on matters that are the basis of the probation;
(2) limit practice to the areas prescribed by the board; or (3) continue or review professional education until the person attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 91, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 729, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 29, § 13, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 813, § 17, eff. Sept. 1, 2003.
§ 52.0295. DISCIPLINARY ACTIONS AGAINST FIRMS. (a) After receiving a complaint and giving the shorthand reporting firm or affiliate office notice and an opportunity for a hearing as prescribed by Section 52.028, the board shall reprimand, assess a reasonable fine against, or suspend, revoke, or refuse to renew the registration of a shorthand reporting firm or affiliate office for:
(1) fraud or corruption; (2) dishonesty; (3) conduct on the part of an officer, director, or managerial employee of the shorthand reporting firm or affiliate office if the officer, director, or managerial employee orders, encourages, or permits conduct that the officer, director, or managerial employee knows or should have known violates this chapter;
(4) conduct on the part of an officer, director, or managerial employee or agent of the shorthand reporting firm or affiliate office who has direct supervisory authority over a person for whom the officer, director, employee, or agent knows or should have known violated this chapter and knowingly fails to take reasonable remedial action to avoid or mitigate the consequences of the person's actions;
(5) fraud or misrepresentation in obtaining registration; (6) a final conviction of an officer, director, or managerial employee of a shorthand reporting firm or affiliate office for a felony or misdemeanor that is directly related to the provision of court reporting services, as determined by rules adopted under Section 52.0211;
(7) engaging the services of a reporter that the shorthand reporting firm or affiliate office knew or should have known was using a method for which the reporter is not certified;
(8) knowingly providing court reporting services while the shorthand reporting firm's or affiliate office's registration is suspended or engaging the services of a shorthand reporter whose certification the shorthand reporting firm or affiliate office knew or should have known was suspended;
(9) unprofessional conduct, including a pattern of giving directly or indirectly or benefiting from or being employed as a result of giving any gift, incentive, reward, or anything of value to attorneys, clients, or their representatives or agents, except for nominal items that do not exceed $100 in the aggregate for each recipient each year;
(10) entering into or providing services under a prohibited contract described by Section 52.034;
(11) committing any other act that violates this chapter or a rule or provision of the code of ethics adopted under this chapter; or
(12) other sufficient cause. (b) Nothing in Subsection (a)(9) shall be construed to define providing value-added business services, including long-term volume discounts, such as the pricing of products and services, as prohibited gifts, incentives, or rewards.
(c) The board may suspend the registration of a shorthand reporting firm or affiliate office:
(1) for a designated period of time; (2) until the shorthand reporting firm or affiliate office corrects the deficiencies that were the grounds for the suspension; or
(3) until the shorthand reporting firm or affiliate office complies with any conditions imposed by the board to ensure the shorthand reporting firm's or affiliate office's future performance.
(d) A shorthand reporting firm or affiliate office whose registration is suspended may apply for reinstatement by presenting proof that:
(1) the designated time has expired; (2) the shorthand reporting firm or affiliate office has corrected the deficiencies; or
(3) the shorthand reporting firm or affiliate office has complied with the conditions imposed by the board.
(e) On its own motion, the board may conduct a hearing to inquire into a suspension. If the board finds that a shorthand reporting firm or affiliate office has not corrected the deficiencies that were the grounds for the suspension or has not complied with the conditions imposed by the board, the board may revoke the registration of the shorthand reporting firm or affiliate office.
(f) The board may place on probation a shorthand reporting firm or affiliate office whose registration is suspended. If a registration suspension is probated, the board may require the firm or office to:
(1) report regularly to the board on matters that are the basis of the probation;
(2) limit practice to the areas prescribed by the board; or (3) through its officers, directors, managerial employees, or agents, continue or review professional education until those persons attain a degree of skill satisfactory to the board in those areas that are the basis of the probation.
Added by Acts 2001, 77th Leg., ch. 29, § 14, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 813, § 18, eff. Sept. 1, 2003.
§ 52.030. APPEAL OF DISCIPLINARY ACTION. An aggrieved court reporter or shorthand reporting firm or affiliate office may appeal a disciplinary action of the board to a district court in the county of the court reporter's residence or the county in which the shorthand reporting firm or affiliate office is located or in Travis County. The appeal shall be by trial de novo, with or without a jury. If the aggrieved person is the official or deputy court reporter of the court in which the appeal will be heard or if the shorthand reporting firm or affiliate office provides the official or deputy court reporter of the court in which the appeal will be heard, the presiding judge of the administrative judicial region shall appoint the judge of another court or a retired judge to hear and determine the complaint.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 2, § 8.44(12), eff. Aug. 28, 1989; Acts 2001, 77th Leg., ch. 29, § 15, eff. Sept. 1, 2001.
§ 52.031. EMPLOYMENT OF NONCERTIFIED SHORTHAND REPORTERS. (a) A noncertified shorthand reporter may be employed until a certified shorthand reporter is available.
(b) A noncertified shorthand reporter may report an oral deposition only if:
(1) the noncertified shorthand reporter delivers an affidavit to the parties or to their counsel present at the deposition stating that a certified shorthand reporter is not available; or
(2) the parties or their counsel stipulate on the record at the beginning of the deposition that a certified shorthand reporter is not available.
(c) This section does not apply to a deposition taken outside this state for use in this state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.032. CRIMINAL PENALTY. (a) Except as provided by Section 52.031, a person commits an offense if the person engages in shorthand reporting in violation of Section 52.021 of this code. Each day of violation constitutes a separate offense.
(b) An offense under this section is a Class A misdemeanor.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 1037, § 3, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 813, § 19, eff. Sept. 1, 2003.
§ 52.0321. ADMINISTRATIVE PENALTY. (a) The board may assess an administrative penalty against a person who violates this chapter or a rule or provision of the code of ethics adopted under this chapter.
(b) In determining the amount of an administrative penalty assessed under this section, the board shall consider:
(1) the seriousness of the violation; (2) the history of previous violations; (3) the amount necessary to deter future violations; (4) efforts made to correct the violation; and (5) any other matters that justice may require.
Added by Acts 2003, 78th Leg., ch. 813, § 20, eff. Sept. 1, 2003.
§ 52.033. EXEMPTIONS. This chapter does not apply to: (1) a party to the litigation involved; (2) the attorney of the party; or (3) a full-time employee of a party or a party's attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.034. PROHIBITED CONTRACTS. (a) A court reporter may not enter into or provide services under any contractual agreement, written or oral, exclusive or nonexclusive, that:
(1) undermines the impartiality of the court reporter; (2) requires a court reporter to relinquish control of an original deposition transcript and copies of the transcript before it is certified and delivered to the custodial attorney;
(3) requires a court reporter to provide any service not made available to all parties to an action; or
(4) gives or appears to give an exclusive advantage to any party. (b) This section does not apply to a contract for court reporting services for a court, agency, or instrumentality of the United States or this state.
Added by Acts 1997, 75th Leg., ch. 729, § 2, eff. Sept. 1, 1997.
SUBCHAPTER D. APPOINTMENT AND POWERS AND DUTIES OF OFFICIAL COURT REPORTERS
§ 52.041. APPOINTMENT OF OFFICIAL COURT REPORTER. Each judge of a court of record shall appoint an official court reporter. An official court reporter is a sworn officer of the court and holds office at the pleasure of the court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.042. DEPUTY COURT REPORTER. (a) If an official court reporter is unable to perform his duties in reporting proceedings in court due to illness, other official work, or unavoidable disability, the judge of the court may appoint a deputy court reporter to perform the court reporting services during the absence of the official court reporter.
(b) A deputy court reporter is entitled to receive the same salary and fees for the services performed during the absence of the official court reporter as the official court reporter receives. The deputy court reporter shall be paid in the same manner as the official court reporter.
(c) The official court reporter is entitled to receive his regular salary while temporarily unable to perform his duties due to other official work. The official court reporter may not receive salary under this subsection for more than 30 days each year.
(d) The salary of the official court reporter for absences due to illness or unavoidable disability shall be determined in accordance with the compensation and leave policies of the county or counties responsible for payment of the official court reporter's salary and Chapter 504, Labor Code.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 453, § 1, eff. Sept. 1, 1997.
§ 52.043. DEPUTY COURT REPORTER FOR THE 70TH JUDICIAL DISTRICT. (a) The official court reporter for the 70th Judicial District may appoint a deputy court reporter for the district.
(b) The deputy court reporter shall have the same authority and duties as the official court reporter and shall provide court reporting services under the direction and in the name of the official court reporter.
(c) Notwithstanding Section 52.042, neither the counties comprising the 70th Judicial District nor this state may pay the salary or other expenses of the deputy court reporter appointed under this section.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.044. ADDITIONAL DISTRICT COURT REPORTERS IN BEXAR COUNTY. (a) The judges of the district courts in Bexar County may employ additional official court reporters to serve the district courts in Bexar County if a majority of the district court judges believe more official court reporters are necessary.
(b) The district court judges shall, by majority vote, determine the method of hiring the additional official court reporters.
(c) The additional official court reporters receive the same compensation for services performed as the regular official court reporter receives.
(d) The presiding civil judge shall determine the assignments of the additional official court reporters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.045. OATH. (a) An official court reporter must take the official oath required of officers of this state.
(b) In addition to the official oath, each official court reporter must sign an oath administered by the district clerk stating that in each reported case the court reporter will keep a correct, impartial record of:
(1) the evidence offered in the case; (2) the objections and exceptions made by the parties to the case; and (3) the rulings and remarks made by the court in determining the admissibility of testimony presented in the case.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.046. GENERAL POWERS AND DUTIES. (a) On request, an official court reporter shall:
(1) attend all sessions of the court; (2) take full shorthand notes of oral testimony offered before the court, including objections made to the admissibility of evidence, court rulings and remarks on the objections, and exceptions to the rulings;
(3) take full shorthand notes of closing arguments if requested to do so by the attorney of a party to the case, including objections to the arguments, court rulings and remarks on the objections, and exceptions to the rulings;
(4) preserve the notes for future reference for three years from the date on which they were taken; and
(5) furnish a transcript of the reported evidence or other proceedings, in whole or in part, as provided by this chapter.
(b) An official court reporter of a district court may conduct the deposition of witnesses, receive, execute, and return commissions, and make a certificate of the proceedings in any county that is included in the judicial district of that court.
(c) The supreme court may adopt rules consistent with the relevant statutes to provide for the duties and fees of official court reporters in all civil judicial proceedings.
(d) A judge of a county court or county court at law shall appoint a certified shorthand reporter to report the oral testimony given in any contested probate matter in that judge's court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.047. TRANSCRIPTS. (a) A person may apply for a transcript of the evidence in a case reported by an official court reporter. The person must apply for the transcript in writing to the official court reporter, and the reporter shall furnish the transcript on payment of the transcript fee or as provided by Rule 40(a)(3) or 53(j), Texas Rules of Appellate Procedure.
(b) If an objection is made to the amount of the transcript fee, the judge shall determine a reasonable fee, taking into consideration the difficulty and technicality of the material to be transcribed and any time constraints imposed by the person requesting the transcript.
(c) On payment of the fee or as provided by Rule 40(a)(3) or 53(j), Texas Rules of Appellate Procedure, the person requesting the transcript is entitled to the original and one copy of the transcript. The person may purchase additional copies for a fee per page that does not exceed one-third of the original cost per page.
(d) An official court reporter may charge an additional fee for: (1) postage or express charges; (2) photostating, blueprinting, or other reproduction of exhibits; (3) indexing; and (4) preparation for filing and special binding of original exhibits. (e) If an objection is made to the amount of these additional fees, the judge shall set a reasonable fee. If the person applying for the transcript is entitled to a transcript without charge under Rule 40(a)(3) or 53(j), Texas Rules of Appellate Procedure, the court reporter may not charge any additional fees under Subsection (d).
(f) If the official court reporter charges an amount that exceeds a fee set by the judge, the reporter shall refund the excess to the person to whom it is due on demand filed with the court.
(g) Notwithstanding Rule 53(j), Texas Rules of Appellate Procedure, an official court reporter who is required to prepare a transcript in a criminal case without charging a fee is not entitled to payment for the transcript from the state or county if the county paid a substitute court reporter to perform the official court reporter's regular duties while the transcript was being prepared. To the extent that this subsection conflicts with the Texas Rules of Appellate Procedure, this subsection controls. Notwithstanding Sections 22.004 and 22.108(b), the supreme court or the court of criminal appeals may not amend or adopt rules in conflict with this subsection.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 455, § 1, eff. Sept. 1, 1991.
§ 52.048. COURT REPORTERS FOR FAMILY LAW MASTERS IN EL PASO. Each El Paso family law master shall appoint an official shorthand reporter to serve that master. The official shorthand reporter must be well skilled in his profession. The reporter is a sworn officer of the court who holds office at the pleasure of the court.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(b), eff. Aug. 28, 1989.
SUBCHAPTER E. COMPENSATION AND EXPENSES
§ 52.051. COMPENSATION OF DISTRICT COURT REPORTERS. (a) An official district court reporter shall be paid a salary set by the order of the judge of the court. This salary is in addition to transcript fees, fees for a statement of facts, and other necessary expenses authorized by law.
(b) The salary set by the judge may not be lower than the salary that official court reporter received on January 1, 1972.
(c) An order increasing the salary of an official district court reporter must be submitted to the commissioners court of each county in the judicial district not later than September 1 immediately before the adoption of the county budget for the next year. A commissioners court may allow an extension of this time limit.
(d) The official district court reporter may not receive: (1) a salary that is more than 10 percent greater than the salary received during the preceding budget year without the approval of the commissioners court of each county in the judicial district if the court reporter serves in a county with a population of less than 1 million; or
(2) a percentage increase in salary in a fiscal year that is greater than the average percentage increase in compensation in that fiscal year to all other employees of the county in which the reporter serves if the court reporter serves in a county with a population of 1 million or more.
(e) A person appointed to succeed an official district court reporter may not receive a salary greater than the salary received by the person's predecessor in office.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 188, § 1, eff. Sept. 1, 1993.
§ 52.052. COMPENSATION IN THE 222ND JUDICIAL DISTRICT. Notwithstanding Section 52.051, the district judge of the 222nd Judicial District shall set the salary of the official court reporter at not less than $15,000.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 517, § 1, eff. Aug. 31, 1987.
§ 52.053. COMPENSATION OF HILL COUNTY OFFICIAL COURT REPORTER. (a) The salary of the official court reporter for the County Court of Hill County shall be set by the commissioners court in an amount not to exceed the salary received by the official court reporter of the district court in Hill County.
(b) This salary is in addition to transcript fees, fees for statement of facts, and all other fees.
(c) The salary shall be paid from the county general fund, jury fund, or any other fund available for the purpose, as determined by the commissioners court.
(d) The salary shall be paid in the same manner as salaries for other county officers are paid.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.054. APPORTIONMENT OF SALARY. (a) Except as provided by Subsections (b) and (c), the salary of an official court reporter of a judicial district that is composed of more than one county shall be apportioned among the counties of the district. Each county shall pay a portion of the salary equal to the proportion that its population bears to the total population of the judicial district.
(b) The judge of the 31st Judicial District shall determine the proportionate amount of the salary of the official court reporter to be paid by each county in the district based on the annual case load in each county.
(c) Nueces County shall pay 50 percent of the salary of the official court reporter for the 105th Judicial District. Kleberg and Kenedy counties shall pay the remaining 50 percent. Kleberg and Kenedy counties' shares shall be equal to the proportion that each county's population bears to the total population of the two counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.055. EXPENSES OF DISTRICT COURT REPORTERS. (a) Each official or deputy court reporter of a district court in a district composed of more than one county is entitled to reimbursement in the amount prescribed by Subsections (b) and (d) for actual and necessary expenses incurred while engaged in official duties in any county of the state other than the county of the reporter's residence. This reimbursement is in addition to the reporter's regular salary.
(b) Travel expenses reimbursed under this section may not exceed 25 cents per mile for the use of private conveyances, traveling the shortest practical route.
(c) The expenses shall be reimbursed after the completion of each court term by the respective counties of the judicial district for which the expenses were incurred, each county paying the expenses incidental to its own regular or special term. The commissioners court of each county shall pay the expenses for which the county is responsible from the county general fund.
(d) The expenses reimbursed under this section are subject to annual limitations based on the size of the judicial district. A court reporter may not receive more than the maximum reimbursement amount set for the reporter's judicial district in any one year. The maximum reimbursement amount is as follows:
(1) if the judicial district contains two counties, the maximum reimbursement amount is $400;
(2) if the judicial district contains three counties, the maximum reimbursement amount is $800;
(3) if the judicial district contains four counties, the maximum reimbursement amount is $1,400; and
(4) if the judicial district contains five or more counties, the maximum reimbursement amount is $2,000.
(e) To receive reimbursement under this section, a court reporter must prepare in duplicate a sworn statement of expenses that is approved by the district judge. The reporter must file a copy of the statement with the clerk of the district court of the county in which the district judge resides.
(f) This section applies to any additional official or deputy court reporter whose services are required when a district court convenes in a special term. The county in which the special term is convened shall pay the expenses. These expenses are in addition to the expenses provided for the official or deputy court reporter of the district.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 367, § 2, eff. Aug. 28, 1989.
§ 52.056. EXPENSES OF VISITING COURT REPORTERS. (a) An official or deputy court reporter of a judicial district who is required to leave the county of his residence to report proceedings as a substitute for the official court reporter of another county is entitled to reimbursement for actual and necessary travel expenses and a per diem allowance of $30 for each day or part of a day spent outside his county of residence in the performance of duties as a substitute. These fees are in addition to the visiting reporter's regular salary.
(b) The commissioners court of the county in which the visiting reporter provides services shall pay the reimbursement and per diem allowance from the county general fund on receipt of a sworn statement by the court reporter that has been approved by the district judge presiding in the court in which the proceedings were reported.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.057. EXPENSES OF COURT REPORTERS IN CERTAIN ENUMERATED DISTRICTS. (a) Notwithstanding Section 52.055, the expenses of the official court reporters for the 31st, 46th, 104th, 112th, and 155th judicial districts shall be reimbursed as prescribed by this section.
(b) The official court reporters for the 31st and 112th judicial districts are entitled to receive travel expense allowances in the same amounts as a state employee. The allowances shall be paid as prescribed by Sections 52.055(c) and (e).
(c) In lieu of the expenses provided by Section 52.055, the official court reporter for the 46th Judicial District may receive, instead of reimbursement for actual expenses, an annual allowance of $3,000 for travel and other expenses incurred in performing official duties. The allowance shall be paid in equal monthly installments by the counties in the judicial district. The amount each county pays shall be determined by the proportion that each county's population bears to the total population of the district.
(d) The annual allowance for actual and necessary expenses received by the official court reporter for the 104th Judicial District may not exceed $400.
(e) In lieu of the expenses provided by Section 52.055, the official court reporter for the 155th Judicial District may receive an annual allowance of $3,000 for travel and other expenses incurred in performing official duties. The counties in the district, other than the county in which the reporter resides, shall pay the allowance in equal shares.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 73, § 1, eff. Sept. 1, 1993.
§ 52.058. EXPENSES OF DISTRICT COURT REPORTERS IN CHANGE OF VENUE CASES. (a) Each official or deputy court reporter of a district court is entitled to reimbursement in the amount prescribed by Subsection (b) for reasonable and necessary expenses incurred while engaged in official duties during a trial being held under a change of venue order in any county of the state other than the county of the reporter's residence. This reimbursement is in addition to the reporter's regular salary.
(b) Travel expenses reimbursed under this section may not exceed 25 cents per mile for the use of private conveyances, traveling the shortest practical route.
(c) The expenses shall be reimbursed as provided by Sections 52.055(c) and (e).
Added by Acts 1989, 71st Leg., ch. 367, § 3, eff. Aug. 28, 1989.
§ 52.059. CHARGES FOR DEPOSITIONS. (a) Except as provided by Subsection (c), an attorney who takes a deposition and the attorney's firm are jointly and severally liable for a shorthand reporter's charges for:
(1) the shorthand reporting of the deposition; (2) transcribing the deposition; and (3) each copy of the deposition transcript requested by the attorney. (b) Except as provided by Subsection (c), an attorney who appears at a deposition and the attorney's firm are jointly and severally liable for a shorthand reporter's charges for each copy of the deposition transcript requested by the attorney.
(c) Prior to the taking of any deposition, a determination of the person who will pay for the deposition costs will be made on the record, if an attorney is unwilling to be bound by the provisions of Subsection (a) or (b).
(d) In this section: (1) "Firm" means: (A) a partnership organized for the practice of law in which an attorney is a partner or with which an attorney is associated; or
(B) a professional corporation organized for the practice of law of which an attorney is a shareholder or employee.
(2) An attorney "takes" a deposition if the attorney: (A) obtains the deponent's appearance through an informal request; (B) obtains the deponent's appearance through formal means, including a notice of deposition or subpoena; or
(C) asks the first question in the deposition.
Added by Acts 1991, 72nd Leg., ch. 454, § 1, eff. Sept. 1, 1991. § 53.001. MANDATORY APPOINTMENTS. (a) The judges of the 22nd, 30th, 70th, 71st, 78th, 89th, 161st, and 341st district courts, the judges of the district courts having jurisdiction in Taylor County, the judges of the county courts at law of Taylor County, and the judge of the County Court of Harrison County shall each appoint a bailiff.
(b) A district or statutory county court judge in Nueces County shall appoint a bailiff.
(c) Each criminal district court in Tarrant County must have at least three bailiffs assigned regularly to the court. Each judge of a criminal district court in Tarrant County shall appoint two officers of the court to serve as bailiffs for his court.
(d) The judge of the 97th District Court shall appoint a bailiff for each county in the district.
(e) The county sheriff shall appoint one bailiff for each district court in Tarrant County that gives preference to criminal cases and one bailiff for each criminal district court in Tarrant County in the same manner as authorized by law.
(f) The appointment of a bailiff under this chapter does not affect the requirement under general law that the county sheriff furnish a bailiff for each court.
(g) The judges of the district courts having jurisdiction in Potter and Randall counties and the judges of the county courts at law in Potter and Randall counties shall each appoint a bailiff.
(h) The judges of the district courts having jurisdiction in Angelina County and the judges of the county courts at law of Angelina County shall each appoint a bailiff.
(i) The judge of the 406th District Court shall appoint a bailiff.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, § 8.29(a), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 16, § 8.03(a), eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 401, § 1, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 546, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 868, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 853, § 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 932, § 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1136, § 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 575, § 1, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 1352, § 1(d), eff. Sept. 1, 2005.
§ 53.002. PERMISSIVE APPOINTMENTS. (a) The judges of the 34th, 86th, 142nd, 238th, 318th, 355th, and 385th district courts may each appoint a bailiff.
(b) The judge of the 43rd District Court may appoint one or more bailiffs that he believes are necessary for the efficient administration of the court.
(c) The judges of the district courts, including family district courts, having jurisdiction in El Paso County and the judges of the county courts at law in El Paso County may each appoint a person to serve the court as bailiff. A bailiff for a district court that is composed of more than one county serves the court in each county of the district.
(d) The judges of the 15th and 59th district courts and the judges of the statutory county courts in Grayson County may each appoint a bailiff.
(e) The judges of the district courts in Tom Green County may each appoint a bailiff. A bailiff for a district court that is composed of more than one county may, at the discretion of the judge, serve the court in each county of the district.
(f) The judges of the 12th, 106th, 258th, 278th, and 411th district courts may each appoint a bailiff. At the discretion of the judge, a bailiff may serve the court in each county of the district.
(g) The judge of each district court in Tarrant County that gives preference to criminal cases and the judge of each criminal district court in Tarrant County may appoint two persons to serve as bailiffs. Notwithstanding Section 53.071 or Article 19.36, Code of Criminal Procedure, the district judges of the courts in Tarrant County that give preference to criminal cases and the criminal district courts in Tarrant County may appoint one bailiff for each grand jury.
(h) The judge of the 84th District Court may appoint a bailiff to serve the court in Hansford and Hutchinson counties.
(i) The judge of the 207th District Court may appoint a bailiff to serve the court in Comal County, subject to the approval of the local administrative judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 759, § 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 919, § 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 819, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 430, § 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 648, § 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 868, § 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1436, § 1, eff. June 20, 1997; Acts 1999, 76th Leg., ch. 853, § 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 867, § 1, eff. June 18, 1999; Acts 2003, 78th Leg., ch. 121, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 928, § 1, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 4, § 1, eff. April 27, 2005; Acts 2005, 79th Leg., ch. 1352, § 3(b), eff. Sept. 1, 2005.
§ 53.003. EVIDENCE OF APPOINTMENT; NOTIFICATION. (a) An order signed by the appointing judge entered in the minutes of the court is evidence of the appointment of a bailiff or grand jury bailiff under Section 53.001(a), (d), or (g) or 53.002(a), (c), (d), (e), or (f).
(b) The judge of each court listed in Sections 53.001(d) and 53.002(a), (c), (e), and (f), the judge of the 341st District Court, the judge of each district court in Tarrant County that gives preference to criminal cases, and the judge of each criminal district court in Tarrant County shall give each commissioners court in the judicial district written notification of the bailiff's or grand jury bailiff's appointment and date of employment. The judge of each court listed in Section 53.002(c), the judge of each district court in Tarrant County that gives preference to criminal cases, and the judge of each criminal district court in Tarrant County shall also give each commissioners court written notification of the compensation to be paid by the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, § 8.29(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 759, § 2, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 919, § 2, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, § 8.03(b), eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 401, § 2, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 648, § 2, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 868, § 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 853, § 3, eff. Sept. 1, 1999.
§ 53.004. QUALIFICATIONS. (a) A bailiff in the 22nd, 34th, 70th, 71st, or 161st district court must be a resident of the county in which he serves the court and must be at least 18 years old.
(b) To be eligible to be appointed bailiff in the 30th, 78th, 86th, 89th, 97th, or 341st district court, the County Court of Harrison County, a court described in Section 53.002(c), a district court in Taylor County, or a county court at law of Taylor County, a person must be a resident of the county in which the person serves the court and must be at least 21 years old.
(c) A bailiff in the 15th or 59th district court or a statutory county court in Grayson County must be a citizen of the United States and a resident of Grayson County.
(d) To be eligible to be appointed a bailiff in a district court in Tom Green County, a person must be a resident of the judicial district and must be at least 18 years of age.
Text of subsec. (e) as amended by Acts 1993, 73rd Leg., ch. 385, § 1
(e) To be eligible to be appointed bailiff in a district court in Midland County or under Section 53.001(g), a person must be at least 21 years old and hold a peace officer license under Chapter 415 from the Commission on Law Enforcement Officer Standards and Education. This subsection does not apply to a person serving as bailiff of a court described by Section 53.001(g) on September 1, 1991.
Text of subsec. (e) as amended by Acts 1993, 73rd Leg., ch. 430, § 2
(e) To be eligible to be appointed bailiff for the 355th District Court or under Section 53.001(g), a person must be at least 21 years old and hold a peace officer license under Chapter 415 from the Commission on Law Enforcement Officer Standards and Education. This subsection does not apply to a person serving as bailiff of a court described by Section 53.001(g) on September 1, 1991.
(f) To be eligible to be appointed bailiff in the 406th District Court, a person must be:
(1) at least 21 years of age; and (2) a citizen of the United States.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, § 8.29(c), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 759, § 3, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 919, § 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, § 8.03(c), eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 401, § 3, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 819, § 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 385, § 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 430, § 2, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 868, § 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 853, § 4, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 10, § 1, eff. May 3, 2005; Acts 2005, 79th Leg., ch. 1352, § 1(e), eff. Sept. 1, 2005.
§ 53.005. TERM OF OFFICE. A bailiff or grand jury bailiff appointed under this subchapter holds office at the will of the judge of the court that the bailiff or grand jury bailiff serves.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, § 8.29(d), eff. Aug. 28, 1989.
§ 53.006. DUTIES. (a) A bailiff or grand jury bailiff appointed under Section 53.001 or 53.002(a), (c), (d), (e), or (f) is an officer of the court.
(b) The bailiff or grand jury bailiff shall perform in the court to which the bailiff or grand jury bailiff is appointed all duties imposed on bailiffs under general law and shall perform other duties required by the judge of the court that the bailiff or grand jury bailiff serves.
(c) A bailiff or grand jury bailiff appointed under Section 53.001(d) or 53.002(a), (c), (e), (f), or (g) by the judge of the 341st District Court, by a judge of a district court in Tarrant County that gives preference to criminal cases, or by a judge of a criminal district court in Tarrant County has only the duties assigned by the judge of the court that the bailiff or grand jury bailiff serves.
(d) A bailiff appointed under Section 53.001(b) shall serve as part of the security force for the district and statutory county courts in the county and shall perform other duties as required by the judge of the court the bailiff serves.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, § 8.29(e), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 759, § 4, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 919, § 4, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, § 8.03(d), eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 546, § 2, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 648, § 3, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 868, § 5, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 853, § 5, eff. Sept. 1, 1999.
§ 53.007. BAILIFF DEPUTIZED. (a) This section applies to: (1) the 22nd, 34th, 70th, 71st, 86th, 97th, 142nd, 161st, 238th, 318th, 341st, 355th, and 385th district courts;
(2) the County Court of Harrison County; (3) the criminal district courts of Tarrant County; (4) the district courts in Taylor County; (5) the courts described in Section 53.002(c), (d), (e), or (f); (6) the county courts at law of Taylor County; and (7) the district courts in Tarrant County that give preference to criminal cases.
(b) On the request of the judge of a court to which this section applies, the sheriff of each county in which the court sits shall deputize the bailiff or grand jury bailiff appointed under this subchapter of that court, in addition to other deputies authorized by law.
(c) A request under this section by a judge of a court listed in Section 53.001(d), 53.002(a), 53.002(c), or 53.002(e), by the judge of the 341st District Court, by a judge of a district court in Tarrant County that gives preference to criminal cases, by a judge of a criminal district court in Tarrant County, by the judge of a district court in Taylor County, or by the judge of a county court at law of Taylor County must be in writing.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, § 8.29(f), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 759, § 5, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 919, § 5, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, § 8.03(e), eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 819, § 3, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 430, § 3, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 648, § 4, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 868, § 6, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1436, § 2, eff. June 20, 1997; Acts 1999, 76th Leg., ch. 853, § 6, eff. Sept. 1, 1999.
§ 53.0071. BAILIFF AS PEACE OFFICER. Unless the appointing judge provides otherwise in the order of appointment, a bailiff appointed under Section 53.001(b) or (g) or 53.002(c), (e), or (f) is a "peace officer" for purposes of Article 2.12, Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 919, § 6, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 401, § 4, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 546, § 3, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 648, § 5, eff. Aug. 28, 1995.
§ 53.008. OATH. The bailiffs of the 22nd, 34th, 70th, 86th, 97th, 142nd, 161st, 238th, 318th, 341st, 355th, and 385th district courts, the bailiffs of the courts described in Section 53.002(c), (d), (e), or (f), the bailiffs and the grand jury bailiffs of the district courts in Tarrant County that give preference to criminal cases, the bailiffs and grand jury bailiffs of the criminal district courts in Tarrant County, the bailiffs of the district courts in Taylor County, and the bailiffs of the county courts at law of Taylor County shall each swear to the following oath, to be administered by the judge: "I solemnly swear that I will faithfully and impartially perform all duties as may be required of me by law, so help me God."
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, § 8.29(g), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 759, § 6, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 919, § 7, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, § 8.03(f), eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 819, § 4, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 430, § 4, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 648, § 6, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 868, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1436, § 3, eff. June 20, 1997; Acts 1999, 76th Leg., ch. 853, § 7, eff. Sept. 1, 1999.
§ 53.009. COMPENSATION. (a) Each bailiff appointed by a judge of the 30th, 78th, 89th, or 355th district court, by a district judge in Potter, Randall, or Taylor County, or by a judge of a county court at law of Potter, Randall, or Taylor County is entitled to receive a salary set by the judge and approved by the commissioners court. The salary is paid out of the general fund of the county, except in Potter and Randall counties, where the salary shall be set by the commissioners court of each respective county.
(b) Each bailiff appointed by a judge of the 142nd, 238th, 318th, or 385th district court is entitled to receive from each county in which the court sits the amount of compensation set by the judge in an amount that does not exceed the salary of the chief deputy sheriff of the county. The judge shall give each commissioners court in the district written notification of the amount of compensation to be paid by the county.
(c) The bailiff appointed by the judge of the County Court of Harrison County is entitled to receive a salary set by the judge in an amount that does not exceed the salary of a deputy sheriff of the county. The salary is paid out of the general fund of the county.
(d) The bailiff appointed by the judge of the 341st District Court is entitled to receive a salary set by the judge in an amount that is commensurate with the salary paid the bailiffs of other courts with similar duties. The salary is paid out of the general fund of the county.
(e) A bailiff is entitled to receive from the county in which he serves a salary set by the judge in an amount that does not exceed the salary of the chief deputy sheriff of the county. The judge shall give each commissioners court in the district written notification of the amount of compensation to be paid by the county. The salary is paid out of the general fund of the county.
(f) The bailiffs and grand jury bailiffs appointed by the judges of the district courts in Tarrant County that give preference to criminal cases and the bailiffs and grand jury bailiffs appointed by the judges of the criminal district courts in Tarrant County are entitled to receive from the county general fund a salary set in writing by the judge that is in the same pay grade as the salary of certified and noncertified peace officers who are appointed as bailiffs by the sheriff. The county shall administer the bailiff salary under salary administration guidelines.
(g) Each bailiff appointed by a judge of the 15th or 59th district court or appointed by a statutory county court judge in Grayson County is entitled to receive from the county a salary equal to the salary of a jailer employed by the Grayson County sheriff.
(h) The bailiffs of the courts described in Section 53.002(e) are entitled to receive a salary set by the judge in an amount that does not exceed the salary of the highest paid officer assigned to patrol any of the counties in which the bailiff is designated to serve. The salary shall be apportioned by the judge between the counties in which the bailiff is designated to serve. The judge shall give each commissioners court in the district written notification of the amount of compensation to be paid by its county. The salary is paid out of the general fund of each county.
(i) Each bailiff appointed under Section 53.001(b) is entitled to receive a salary set by the commissioners court of the county in which the bailiff serves.
(j) The bailiff appointed by the judge of the 86th District Court is entitled to receive a salary set by the judge. The salary is paid out of the general fund of the county.
(k) The bailiffs of the 12th, 84th, 106th, 258th, 278th, and 411th district courts are entitled to receive a salary set by the judge and approved by the commissioners court of each of the counties in which the bailiff is designated to serve, except that the amount of the salary paid the bailiff of the 84th District Court must be commensurate with the salary paid the bailiffs of other courts with similar duties. The salary shall be apportioned by the judge among the counties in which the bailiff is designated to serve. The judge shall give each commissioners court in the district written notification of the amount of compensation to be paid by the county. The salary is paid out of the general fund of each county, except that the salary paid to the bailiff of the 106th District Court may be paid out of either the general fund or the courthouse security fund of each county.
(l) Each bailiff appointed by a judge of a district court having jurisdiction in Angelina County or a county court at law judge in Angelina County is entitled to receive a salary set by the commissioners court of that county in an amount that is not less than the salary of a deputy sheriff regularly assigned to patrol duty in the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, § 8.29(h), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 759, § 7, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 919, § 8, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, § 8.03(g), eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 401, § 5, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 546, § 4, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 819, § 5, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 107, § 10.01(6), eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 154, § 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 430, § 5, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 648, § 7, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 868, § 8, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1436, § 4, eff. June 20, 1997; Acts 1999, 76th Leg., ch. 853, § 8, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 867, § 2, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 1136, § 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 575, § 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 121, § 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 928, § 2, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 83, § 1, eff. Sept. 1, 2005.
§ 53.0091. COMPENSATION IN EL PASO COUNTY. (a) Each bailiff appointed under Section 53.002(c) shall be paid an annual salary out of the general fund of El Paso County. The appointing judge shall set the salary in writing, but except as otherwise provided by this section, the annual salary shall be set at $18,000 on August 26, 1985, and thereafter the $18,000 annual salary shall increase as provided by Subsection (c).
(b) Bailiffs appointed under Section 53.002(c) who held office as bailiffs under Chapter 817, Acts of the 62nd Legislature, Regular Session, 1971 (Article 2292l, Vernon's Texas Civil Statutes), or under Chapter 532, Acts of the 67th Legislature, Regular Session, 1981 (Article 2292o, Vernon's Texas Civil Statutes), on August 25, 1985, are entitled to receive at least the same annual salary or compensation under this section as they received under those Acts on August 26, 1985.
(c) For those bailiffs whose annual salary is set at more than $18,000 as provided by Subsection (b) or (e), any salary increase to become effective in the annual budget of El Paso County for any calendar or fiscal year budget, as the case may be, must be uniform and, except as provided by Subsection (e), the bailiffs are entitled to at least the same salary increase in those budgets that is approved by the commissioners court for a majority of county employees other than deputy sheriffs. In the annual budget of El Paso County for October 1, 1986, to September 30, 1987, or any subsequent calendar or fiscal year budget, as the case may be, any increase in the salaries of bailiffs in El Paso County must be uniform, and bailiffs are entitled to at least the same salary increase in those budgets that is approved by the commissioners court for a majority of county employees, other than deputy sheriffs.
(d) A person appointed to succeed a bailiff who held office as bailiff under Chapter 817, Acts of the 62nd Legislature, Regular Session, 1971 (Article 2292l, Vernon's Texas Civil Statutes), or under Chapter 532, Acts of the 67th Legislature, Regular Session, 1981 (Article 2292o, Vernon's Texas Civil Statutes), is not entitled to be paid the same annual salary paid to the bailiff he succeeds, but is entitled to receive the annual salary as provided by this section so that the bailiffs' salaries under this section will become uniform with the passage of time. A person appointed to succeed any bailiff before October 1, 1986, is entitled to the $18,000 annual salary set by Subsection (a). A person appointed to succeed any bailiff on or after October 1, 1986, is entitled to the $18,000 annual salary set by Subsection (a) or the salary set on the date the bailiff is appointed for a Grade 20 of the El Paso County Job Guide Designation for a new employee under Grade 20, whichever is greater. A bailiff whose annual salary is set on September 30, 1986, at $18,000 under this section is on October 1, 1986, entitled to any salary increase provided for under Subsection (c) or the salary set on October 1, 1986, for a Grade 20 of the El Paso County Job Guide Designation for a new employee under Grade 20, whichever is greater. After October 1, 1986, all salary increases for bailiffs shall be uniform as provided for in Subsection (c). If a substantial number of those job titles or positions listed on the effective date of this section under Grade 20 of the El Paso County Job Guide Designation are removed from Grade 20 or the El Paso County Job Guide Designation is replaced with some other system for setting employees' salaries under those job titles or positions listed under Grade 20 of the El Paso County Job Guide Designation, on the date a new bailiff is appointed, the starting salary being paid at that time by El Paso County to the functional equivalent of Grade 20 of the El Paso County Job Guide Designation shall be used in place of Grade 20. In determining the functional equivalent of Grade 20 under this section, the job titles, positions, or their equivalent listed under Grade 20 on August 26, 1985, shall be considered as the only factors.
(e) Notwithstanding Subsections (c) and (d), any bailiff who continues in office under Section 11, Chapter 157, Acts of the 69th Legislature, Regular Session, 1985, and whose annual salary from El Paso County is greater than $21,000 on August 25, 1985, may not receive a salary increase until the bailiff's salary is equal to the salaries of those bailiffs whose salaries are set on August 26, 1985, at $20,832. The salaries of those bailiffs appointed under Section 53.002(c) who were El Paso County deputy sheriffs on August 25, 1985, and whose salaries are over $18,000 but under $20,832 on that date are set at $20,832 on August 26, 1985, notwithstanding Subsection (a), and those bailiffs are entitled to the same salary increase that is granted under Subsection (c) to other bailiffs in the annual budget of El Paso County for October 1, 1985, to September 30, 1986.
Added by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1074, § 6, eff. Sept. 1, 1989.
SUBCHAPTER B. BAILIFF TO ACT AS INTERPRETER
§ 53.021. SPECIAL PROVISION: BAILIFF TO ACT AS INTERPRETER. (a) The judges of the 24th, 135th, and 267th district courts may each appoint, with the approval of the commissioners court, an officer of the court to serve as bailiff.
(b) The primary duty of a bailiff appointed under this section is to act as an interpreter.
(c) A bailiff appointed under this section is entitled to receive a reasonable salary not to exceed the highest salary paid to a deputy, clerk, or assistant employed by the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER C. BAILIFFS IN BEXAR COUNTY
§ 53.031. APPOINTMENTS. (a) The Bexar County sheriff shall appoint one deputy to serve as bailiff for each of the district courts in Bexar County not designated as giving preference to criminal cases.
(b) The Bexar County sheriff shall appoint two deputies to serve as bailiffs for each of the district courts in Bexar County designated as giving preference to criminal cases.
(c) A person appointed as bailiff must be acceptable to the judge of the court to which he is appointed.
(d) An appointment under this section is not effective until the judge approves and confirms it in writing.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 53.032. OATH. Before assuming the duties of office, each bailiff must take the oath prescribed for officers of this state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 53.033. BOND. The sheriff may require a bailiff to give a bond. The sheriff may prescribe the conditions and amount of the bond, or those terms may be set as otherwise provided by law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 53.034. POWERS. A bailiff appointed under this subchapter has the same powers that sheriffs and deputy sheriffs have in this state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 53.035. DUTIES. (a) A bailiff acts in the name of his principal and may perform all official acts that the county sheriff may perform.
(b) A bailiff shall attend each session of the court to which he is appointed and perform the official duties performed by sheriffs and deputies in the district courts of this state, including serving process, subpoenas, warrants, and writs. A bailiff shall also perform services requested by the judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 53.036. TERM OF OFFICE; VACANCY. (a) A bailiff serves at the pleasure of the judge of the court the bailiff serves.
(b) If the office of a bailiff becomes vacant, the sheriff shall appoint another bailiff in the manner provided for initial appointments.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 53.037. ACTING FOR ANOTHER BAILIFF. The bailiffs may act for each other and shall act for each other when requested to by a judge or the sheriff. A bailiff acting for another bailiff may not receive additional compensation.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 53.038. SALARY. The sheriff shall fix the annual salary of the bailiffs of each court. The salary must be approved by the commissioners court and shall be paid by warrant or check in equal installments twice monthly from the county fund established for the purpose.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 53.039. ADDITIONAL DEPUTIES. This subchapter does not prevent the sheriff from assigning additional deputies to any of the district courts when circumstances require or when a district judge requests the assignment.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER D. BAILIFFS FOR FAMILY DISTRICT COURTS IN HARRIS COUNTY
§ 53.051. OFFICE OF BAILIFF. The judges of the 245th, 246th, 247th, 257th, 308th, 309th, 310th, 311th, and 312th family district courts shall appoint a person to serve their respective courts as bailiff. A bailiff is an officer of the court and performs the duties of the office under the direction and supervision of the judge of the court.
Added by Acts 1987, 70th Leg., ch. 148, § 2.72(a), eff. Sept. 1, 1987.
§ 53.052. APPOINTMENT. An order signed by the appointing judge and entered on the minutes of the court is evidence of appointment of a bailiff. The judge shall give written notice to the commissioners court and each constable of Harris County of the appointment and date employed.
Added by Acts 1987, 70th Leg., ch. 148, § 2.72(a), eff. Sept. 1, 1987.
§ 53.053. QUALIFICATIONS. A bailiff must be a citizen of the United States and must be 19 years of age.
Added by Acts 1987, 70th Leg., ch. 148, § 2.72(a), eff. Sept. 1, 1987.
§ 53.054. BAILIFF AS DEPUTY. On written notice of the appointment from the judge, a constable of said county may deputize the bailiff in addition to other deputies authorized by law.
Added by Acts 1987, 70th Leg., ch. 148, § 2.72(a), eff. Sept. 1, 1987.
§ 53.055. OATH. The following oath must be administered by the appointing judge to the bailiff appointed under this subchapter: "I solemnly swear that I will perform faithfully and impartially all duties required of me and required by law so help me God."
Added by Acts 1987, 70th Leg., ch. 148, § 2.72(a), eff. Sept. 1, 1987.
§ 53.056. TERM OF OFFICE. The bailiff holds office at the will of the judge of the court served by the bailiff.
Added by Acts 1987, 70th Leg., ch. 148, § 2.72(a), eff. Sept. 1, 1987.
§ 53.057. DUTIES. A bailiff shall perform the duties imposed on bailiffs under the general laws of this state and the other duties required by the judge of the court served.
Added by Acts 1987, 70th Leg., ch. 148, § 2.72(a), eff. Sept. 1, 1987.
§ 53.058. COMPENSATION. The bailiff shall be compensated out of the general fund of the county in an amount to be set by the Commissioners Court of Harris County.
Added by Acts 1987, 70th Leg., ch. 148, § 2.72(a), eff. Sept. 1, 1987.
SUBCHAPTER E. GRAND JURY BAILIFFS IN CERTAIN COUNTIES
§ 53.071. GRAND JURY BAILIFFS IN COUNTIES OF 250,000 OR MORE. (a) In any county with a population of 250,000 or more, the judges of the district courts to whom the grand jury reports may, with the commissioners court's approval, appoint not more than seven grand jury bailiffs.
(b) A bailiff appointed under this section is subject to removal without cause at the will of the appointing judge or judges.
Added by Acts 1987, 70th Leg., ch. 148, § 2.73, eff. Sept. 1, 1987.
§ 53.072. GRAND JURY BAILIFFS IN GALVESTON COUNTY. The judge of a district court in Galveston County impaneling a grand jury shall appoint not more than six grand jury bailiffs.
Added by Acts 1987, 70th Leg., ch. 148, § 2.73, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.30, eff. Aug. 28, 1989.
SUBCHAPTER F. APPELLATE COURT PEACE OFFICERS
§ 53.091. EMPLOYMENT. (a) The supreme court, the court of criminal appeals, and each of the courts of appeals may employ and commission a peace officer to protect the court.
(b) A peace officer commissioned under this section holds office at the will of the court served by the officer.
(c) A person may not be commissioned as a peace officer under this section unless the person meets all standards for licensing as a peace officer by the Commission on Law Enforcement Officer Standards and Education.
Added by Acts 1993, 73rd Leg., ch. 695, § 1, eff. Sept. 1, 1993.
§ 53.092. POWERS AND DUTIES. Any peace officer commissioned under this section shall be vested with all the rights, privileges, obligations, and duties of any other peace officer in this state while on the property under the control of the court or acting in the actual course and scope of employment.
Added by Acts 1993, 73rd Leg., ch. 695, § 1, eff. Sept. 1, 1993. § 54.1701. AUTHORIZATION; APPOINTMENT; ELIMINATION. (a) The Commissioners Court of Nolan County may authorize the judge of the district court to appoint one or more part-time or full-time magistrates to perform the duties authorized by this subchapter in Nolan County.
(b) The judge may appoint magistrates as authorized by the Commissioners Court of Nolan County.
(c) A magistrate serves at the will of the judge. (d) An authorized magistrate's position may be eliminated on a majority vote of the Commissioners Court of Nolan County.
Added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005.
Subchapter BB, Magistrates in Nolan County, consisting of Secs. 54.1701 to 54.1705, was added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005.
For another Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356, added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005, and Subchapter BB, Criminal Law Hearing Officers in Cameron County, consisting of Secs. 54.1351 to 54.1361, added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005, see Secs. 54.1351 to 54.1356 and Secs. 54.1351 to 54.1361 ante.
§ 54.1702. QUALIFICATIONS. To be eligible for appointment as a magistrate, a person must:
(1) be a citizen of the United States; (2) have resided in Nolan County for at least the two years preceding the person's appointment; and
(3) have been licensed to practice law in this state for at least four years preceding the date of appointment.
Added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005.
Subchapter BB, Magistrates in Nolan County, consisting of Secs. 54.1701 to 54.1705, was added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005.
For another Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356, added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005, and Subchapter BB, Criminal Law Hearing Officers in Cameron County, consisting of Secs. 54.1351 to 54.1361, added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005, see Secs. 54.1351 to 54.1356 and Secs. 54.1351 to 54.1361 ante.
§ 54.1703. COMPENSATION. A magistrate is entitled to the salary determined by the Commissioners Court of Nolan County. The magistrate's salary is paid from the county fund available for payment of officers' salaries.
Added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005.
Subchapter BB, Magistrates in Nolan County, consisting of Secs. 54.1701 to 54.1705, was added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005.
For another Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356, added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005, and Subchapter BB, Criminal Law Hearing Officers in Cameron County, consisting of Secs. 54.1351 to 54.1361, added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005, see Secs. 54.1351 to 54.1356 and Secs. 54.1351 to 54.1361 ante.
§ 54.1704. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.
Added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005.
Subchapter BB, Magistrates in Nolan County, consisting of Sections 54.1701 to 54.1705, was added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005.
For another Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356, added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005, and Subchapter BB, Criminal Law Hearing Officers in Cameron County, consisting of Secs. 54.1351 to 54.1361, added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005, see Secs. 54.1351 to 54.1356 and Secs. 54.1351 to 54.1361 ante.
§ 54.1705. JURISDICTION; RESPONSIBILITY; POWERS. (a) To the extent authorized by this subchapter, a magistrate has jurisdiction to exercise the authority granted by the judge of the district court.
(b) A magistrate has all of the powers of a magistrate under the laws of this state and may administer an oath for any purpose.
(c) A magistrate shall give preference to performing the duties of a magistrate under Article 15.17, Code of Criminal Procedure.
(d) A magistrate is authorized to: (1) set, adjust, and revoke bonds before the filing of an information or the return of an indictment;
(2) conduct examining trials; (3) determine whether a defendant is indigent and appoint counsel for an indigent defendant;
(4) issue search and arrest warrants; and (5) conduct juvenile detention hearings as authorized by Section 51.04(f), Family Code.
(e) A magistrate may: (1) issue notices of the setting of a case for a hearing; (2) conduct hearings; (3) compel production of evidence; (4) hear evidence; (5) issue summons for the appearance of witnesses; (6) swear witnesses for hearings; (7) regulate proceedings in a hearing; and (8) perform any act and take any measure necessary and proper for the efficient performance of the duties required by the magistrate's jurisdiction and authority.
Added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005.
SUBCHAPTER C. CRIMINAL LAW MASTERS IN JEFFERSON COUNTY
§ 54.201. APPLICATION. This subchapter applies to the district courts and to the county courts at law that give preference to criminal cases in Jefferson County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.202. APPOINTMENT AND COMPENSATION. (a) The judge of a court subject to this subchapter may appoint one or more masters to perform the duties authorized by this subchapter.
(b) To qualify for appointment as a master, a person must be licensed to practice law in Texas. (c) Appointment as a master is not valid unless the appointee agrees to serve as a master.
(d) A person appointed to serve as master is entitled to be paid an amount set by the court that may not exceed the amount paid for indigent trial representation pursuant to Article 26.05, Code of Criminal Procedure. The commissioners court shall pay the salary from funds appropriated by the commissioners court for indigent criminal representation.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 468, § 2, eff. June 9, 1993.
§ 54.203. REFERRAL OF CASE. (a) To refer a case to a master, the judge must issue a written order of referral that specifies the master's duties in the case.
(b) A judge may refer to a master any proceeding in a criminal case relating to:
(1) a negotiated plea of guilty or nolo contendere; (2) a bond forfeiture; (3) a pretrial motion; (4) a postconviction writ of habeas corpus; (5) an examining trial; or (6) any other matter that the judge considers proper. (c) A judge may not refer to a master any case for trial on the merits.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.204. POWERS. A master 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 witnesses; (7) swear witnesses for hearings; (8) make findings of fact on evidence; (9) formulate conclusions of law; (10) rule on pretrial motions; (11) recommend a ruling, order, or judgment to be made in a case; (12) regulate any proceeding in a hearing; and (13) take any action necessary and proper for the efficient performance of duties required by the order of referral.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.205. PAPERS TRANSMITTED TO JUDGE. At the conclusion of a proceeding, the master shall transmit to the referring court any papers relating to the case, including the master's findings, conclusions, orders, and recommendations, and a statement as to any other actions taken.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.206. JUDICIAL ACTION. (a) The referring court may modify, correct, reject, reverse, or recommit for further proceedings any action taken by a master.
(b) If the referring court does not take any action, the actions of the master are adopted by the referring court and become the decree in the case.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.207. RESTRICTION ON PRACTICE OF LAW. A person appointed as a master under this subchapter may not practice law before the court for which the person served as master for two years after the date the master's services end.
Added by Acts 1993, 73rd Leg., ch. 468, § 3, eff. June 9, 1993.
SUBCHAPTER D. CRIMINAL LAW MAGISTRATES IN DALLAS COUNTY
§ 54.301. APPOINTMENT. (a) Each judge of a district court of Dallas County that gives preference to criminal cases, each judge of a criminal district court of Dallas County, and each judge of a county criminal court of Dallas County, with the consent and approval of the Commissioners Court of Dallas County, may appoint a magistrate to perform the duties authorized by this subchapter.
(b) Judges may authorize one or more magistrates to share service with more than one court.
(c) If a magistrate serves more than one court, the magistrate's appointment must be made with the unanimous approval of all the judges under whom the magistrate serves.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 215, § 1, eff. May 23, 1997.
§ 54.302. 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.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.303. COMPENSATION. (a) A magistrate is entitled to the salary determined by the Commissioners Court of Dallas County.
(b) The salary may not be less than the salary authorized to be paid to a master for family law cases appointed under Subchapter A.
(c) The magistrate's salary is paid from the county fund available for payment of officers' salaries.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.304. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.305. 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.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.306. PROCEEDING THAT MAY BE REFERRED. (a) A judge may refer to a magistrate any matter arising out of a criminal case involving:
(1) a negotiated plea of guilty or nolo contendere 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; and
(8) any other matter the judge considers necessary and proper. (b) The magistrate may not preside over a trial on the merits, whether or not the trial is before a jury.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 215, § 2, eff. May 23, 1997; Acts 1999, 76th Leg., ch. 811, § 1, eff. Sept. 1, 1999.
§ 54.307. 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, 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 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) set forth general powers and limitations of authority of the magistrate applicable to any case referred.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.308. 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; and (13) do 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 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 magistrate may make findings, conclusions, and recommendations on those issues.
(c) Except as limited by an order of referral, a magistrate who is appointed by a district 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 magistrate shall forward any fee or fine collected for the misdemeanor offense to the county clerk.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 522, § 1, eff. June 17, 1987; Acts 1997, 75th Leg., ch. 215, § 3, eff. May 23, 1997.
§ 54.309. 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.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 215, § 4, eff. May 23, 1997.
§ 54.310. 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.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.311. 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.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.312. 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.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.313. COSTS OF MAGISTRATE. The court shall determine if the nonprevailing party is able to defray the costs of the magistrate. If the court determines that the nonprevailing party is able to pay those costs, the court shall tax the magistrate's fees as costs against the nonprevailing party.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER E. JUVENILE COURT REFEREES IN WICHITA COUNTY
§ 54.401. APPOINTMENT. Each judge of a district court or each court designated a juvenile court of Wichita County may appoint a referee in a civil case as provided by this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.402. QUALIFICATIONS. A referee must be: (1) a citizen of this state; and (2) licensed to practice law in this state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.403. COMPENSATION. (a) Any compensation given to a referee shall be found and taxed in the manner provided by law for taxing other costs in a civil case.
(b) The judge shall determine if the parties to the litigation are able to defray the costs of the referee's compensation and shall tax the compensation against the parties if the judge determines that they are able to pay those costs. If the costs of the referee's compensation are not taxed against the parties, the commissioners court shall determine the compensation and pay it out of the county jury fund.
(c) Costs may not be taxed against the county if any party to the litigation owns real property in this state or is otherwise able to defray the costs.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.404. CASES THAT MAY BE REFERRED BY DISTRICT COURT. A judge of a district court may refer to a referee any civil case involving a motion:
(1) of contempt for failure or refusal: (A) to pay child support, temporary support, or separate maintenance; or (B) to comply with a court order concerning visitation with children growing out of a separate maintenance or divorce action;
(2) for a change in child custody; (3) for revision of child support payments; or (4) for revision of visitation privileges.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.405. CASES THAT MAY BE REFERRED BY JUVENILE COURT. A judge of a court designated a juvenile court may refer to a referee any civil case involving:
(1) a child alleged to be dependent, neglected, or delinquent; or (2) any other matter over which the juvenile court has exclusive jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.406. ORDER OF REFERRAL. An order referring a case to a referee may: (1) specify or limit the powers of the referee and direct the referee to report only on particular issues, do particular acts, or receive and report on evidence only;
(2) set the time and place for beginning and closing a hearing; and (3) set a date for filing a report.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.407. POWERS. Except as limited or specified by an order referring a case, a referee may:
(1) hear evidence; (2) make findings of fact on evidence; (3) formulate conclusions of law; (4) recommend judgment to be entered in a case; (5) require production of evidence on any matter embraced by the order; (6) rule on admissibility of evidence; (7) issue summons for the appearance of witnesses; (8) swear witnesses for hearings; (9) examine witnesses; (10) regulate any proceeding in a hearing before the referee; and (11) do any act and take any measure necessary and proper for the efficient performance of the referee's duties under the order.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.408. NOTICE OF HEARING. Before a referee holds a hearing, each party shall be given notice of the time and place of the hearing as provided by law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.409. WITNESS. (a) A witness who appears before a referee and is sworn is subject to the penalties for perjury provided by law.
(b) The 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.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.410. PAPERS TRANSMITTED TO JUDGE. At the conclusion of a hearing, a referee shall transmit to the referring judge any papers relating to the case, including the referee's findings and a statement that notice of the findings and of the right to a hearing before the judge has been given to any principal and to the parent, guardian, or custodian of any principal who is a minor.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.411. JUDICIAL ACTION ON REFEREE'S REPORT. (a) A referring court may adopt, modify, correct, reject, reverse, or recommit for further information a referee's report.
(b) If the referee recommends a judgment, the court may approve the recommendation and hear further evidence before rendering a judgment.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.412. HEARING BEFORE JUDGE. (a) After receiving notice of the referee's findings, any principal, minor, or the parent, guardian, or custodian of a minor is entitled to a hearing before the judge of the referring court.
(b) Notice of the right to a hearing before the judge may be given at the hearing before the referee or otherwise as the referring court directs.
(c) A request for a hearing must be filed with the referring court not later than the third day after the date notice of the referee's findings is received by the principal, minor, parent, guardian, or custodian.
(d) The court may allow the hearing at any time.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.413. DECREE OF COURT. If a hearing before a judge is not requested, or the right to a hearing is waived, the findings and recommendations of the referee become the decree of the court when adopted by an order of the judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 54.414. JURY TRIAL DEMANDED. If a jury trial is demanded in a proceeding, the referee shall refer the case back to the referring court for a full hearing before the court and jury. The hearing is subject to the usual rules of the court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER F. ASSOCIATE JUDGES IN DALLAS COUNTY
§ 54.501. APPLICATION OF SUBCHAPTER. This subchapter applies to the judges of the:
(1) 14th, 44th, 68th, 95th, 101st, 116th, 134th, 160th, 162nd, 191st, 192nd, 193rd, and 298th district courts; and
(2) any district courts in Dallas County that are required by law to give preference to civil cases.
Added by Acts 1987, 70th Leg., ch. 148, § 2.76(a), eff. Sept. 1, 1987.
§ 54.502. APPOINTMENT OF ASSOCIATE JUDGES. (a) The judges may by majority vote appoint one or more full-time associate judges for any civil matters.
(b) Each appointment is subject to the approval of the commissioners court. (c) An associate judge's services may be terminated by a majority vote of the judges.
Added by Acts 1987, 70th Leg., ch. 148, § 2.76(a), eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 318, § 2, eff. Sept. 1, 2003.
§ 54.503. QUALIFICATIONS. An associate judge must: (1) be a citizen of this state; (2) be at least 25 years of age; and (3) have practiced law in this state for at least four years preceding the date of appointment and maintain a license to practice law in this state during the term of appointment.
Added by Acts 1987, 70th Leg., ch. 148, § 2.76(a), eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 318, § 3, eff. Sept. 1, 2003.
§ 54.504. COMPENSATION. An associate judge is entitled to the compensation set by the commissioners court. The compensation shall be paid from the general fund of the county.
Added by Acts 1987, 70th Leg., ch. 148, § 2.76(a), eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 318, § 4, eff. Sept. 1, 2003.
§ 54.505. JUDICIAL IMMUNITY. An associate judge has the same judicial immunity as a district judge.
Added by Acts 1987, 70th Leg., ch. 148, § 2.76(a), eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 318, § 5, eff. Sept. 1, 2003.
§ 54.506. MATTERS THAT MAY BE REFERRED. A judge may refer any civil case or portion of a civil case to an associate judge for resolution.
Added by Acts 1987, 70th Leg., ch. 148, § 2.76(a), eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 318, § 6, eff. Sept. 1, 2003.
§ 54.5061. TRIAL ON THE MERITS. An associate judge may conduct a trial on the merits on the agreement of all parties and the consent of the referring court.
Added by Acts 2003, 78th Leg., ch. 318, § 7, eff. Sept. 1, 2003.
§ 54.507. METHODS OF REFERRAL. A case may be referred to an associate judge by an order of referral in a specific case or by an omnibus order.
Added by Acts 1987, 70th Leg., ch. 148, § 2.76(a), eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 318, § 8, eff. Sept. 1, 2003.
§ 54.508. POWERS. Except as limited by an order of referral, the associate judge may:
(1) conduct hearings; (2) hear evidence; (3) compel production of relevant evidence, including books, papers, vouchers, documents, and other writings;
(4) rule on admissibility of evidence; (5) issue summons for the appearance of witnesses; (6) examine witnesses; (7) swear witnesses for hearings; (8) regulate proceedings in a hearing; and (9) do any act and take any measure necessary and proper for the efficient performance of the duties required by the order of referral.
Added by Acts 1987, 70th Leg., ch. 148, § 2.76(a), eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 318, § 9, eff. Sept. 1, 2003.
§ 54.509. RECORD OF EVIDENCE. (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) The record may be preserved in the absence of a court reporter by any other 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.
Added by Acts 1987, 70th Leg., ch. 148, § 2.76(a), eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 318, § 10, eff. Sept. 1, 2003.
§ 54.510. 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 third 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 a district 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 district judge.
(e) A matter appealed to the referring court shall be tried de novo and shall be 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.
Added by Acts 1987, 70th Leg., ch. 148, § 2.76(a), eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 318, § 11, eff. Sept. 1, 2003.
SUBCHAPTER G. STATUTORY PROBATE COURT ASSOCIATE JUDGES
§ 54.601. DEFINITION. In this subchapter, "statutory probate court" has the meaning assigned by Section 3, Texas Probate Code.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999.
§ 54.602. APPLICATION. This subchapter does not apply to the statutory probate courts of:
(1) Dallas County; or (2) Harris County, except Probate Courts Nos. 1 and 3.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 1176, § 1, eff. Sept. 1, 2005.
§ 54.603. APPOINTMENT. (a) After obtaining the approval of the commissioners court, the judge of a statutory probate court by order may appoint a person to act as associate judge for the statutory probate court.
(b) 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.
(c) If an associate judge serves more than one court, the associate judge's appointment must be made with the unanimous approval of all the judges under whom the associate judge serves.
(d) An associate judge must meet the qualifications to serve as a judge of the court to which the associate judge is appointed.
(e) An associate judge appointed under this subchapter may serve as a master appointed under Section 574.0085, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1, 2003.
§ 54.604. TERMINATION OF ASSOCIATE JUDGE. (a) An associate judge who serves a single court serves at the will of the judge of that court.
(b) The employment of an associate judge who serves more than two courts may only be terminated by a majority vote of all the judges of the courts that the associate judge serves.
(c) The employment of an associate judge who serves two courts may be terminated by either of the judges of the courts that the associate judge serves.
(d) The appointment of the associate judge terminates if: (1) the appointing judge vacates the judge's office; (2) the associate judge becomes a candidate for election to public office; or
(3) the commissioners court does not appropriate funds in the county's budget to pay the salary of the associate judge.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1, 2003.
§ 54.605. COMPENSATION. (a) An associate judge is entitled to the compensation set by the appointing judge and approved by the commissioners court. The salary of the associate judge may not exceed the salary of the appointing judge.
(b) The compensation of the associate judge shall be paid by the county from the county general fund in the same manner that the appointing judge's salary is paid.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1, 2003.
§ 54.606. OATH. An associate judge must take the constitutional oath of office required of appointed officers of this state.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1, 2003.
§ 54.607. MAGISTRATE. An associate judge appointed under this subchapter is a magistrate.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1, 2003.
§ 54.608. CASES THAT MAY BE REFERRED. (a) Except as provided by this section, a judge of a court may refer to an associate judge any aspect of a suit over which the probate court has jurisdiction, including any matter ancillary to the suit.
(b) Unless a party files a written objection to the associate judge hearing a trial on the merits, the judge may refer the trial to the associate judge. A trial on the merits is any final adjudication from which an appeal may be taken to a court of appeals.
(c) A party must file an objection to an associate judge hearing a trial on the merits or presiding at a jury trial not later than the 10th day after the date the party receives notice that the associate judge will hear the trial. If an objection is filed, the referring court shall hear the trial on the merits or preside at a jury trial.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1, 2003.
§ 54.609. ORDER OF REFERRAL. (a) In referring a case to an associate judge, the judge of the referring court shall render:
(1) an individual order of referral; or (2) a general order of referral specifying the class and type of cases to be heard by the associate judge.
(b) The order of referral may limit the power or duties of an associate judge.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1, 2003.
§ 54.610. POWERS OF ASSOCIATE JUDGE. 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) recommend an order to be rendered in a case; (11) regulate all proceedings in a hearing before the associate judge; and
(12) take action as necessary and proper for the efficient performance of the associate judge's duties.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1, 2003.
§ 54.611. ATTENDANCE OF BAILIFF. A bailiff shall attend a hearing conducted by an associate judge if directed to attend by the referring court.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1, 2003.
§ 54.612. COURT REPORTER. (a) A court reporter is not required during a hearing held by an associate judge appointed under this subchapter unless required by other law.
(b) A party, the associate judge, or the referring court may provide for a reporter during the hearing.
(c) The record of a hearing before an associate judge may be preserved by any means approved by the referring court.
(d) The referring court or associate judge may impose on a party the expense of preserving the record as a court cost.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1, 2003.
§ 54.613. WITNESS. (a) A witness appearing before an associate judge is subject to the penalties for perjury provided by law.
(b) A referring court may fine or imprison a witness who: (1) fails to appear before an associate judge after being summoned; or (2) improperly refuses to answer a question if the refusal has been certified to the court by the associate judge.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1, 2003.
§ 54.614. REPORT. (a) The associate judge's report may contain the associate judge's findings, conclusions, or recommendations. The associate judge shall prepare a written report in the form directed by the referring court. The form may be a notation on the referring court's docket sheet.
(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.
(c) Notice may be given to the parties: (1) in open court, by an oral statement or a copy of the associate judge's written report; or
(2) by certified mail, return receipt requested. (d) The associate judge shall certify the date of mailing of notice by certified mail. Notice is considered given on the third day after the date of mailing.
(e) After a hearing conducted by an associate judge, the associate judge shall send the associate judge's signed and dated report and all other papers relating to the case to the referring court.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1, 2003.
§ 54.615. NOTICE OF RIGHT TO APPEAL. (a) An associate judge shall give all parties notice of the right of appeal 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.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1066, § 4, eff. Sept. 1, 2003.
§ 54.616. ORDER OF COURT. (a) Pending appeal of the associate judge's report to the referring court, the decisions and recommendations of the associate judge's report have the force and effect, and are enforceable as, an order of the referring court, except for orders providing for incarceration or for the appointment of a receiver.
(b) If an appeal to the referring court is not filed or the right to an appeal to the referring court is waived, the findings and recommendations of the associate judge become the order of the referring court at the time the judge of the referring court signs an order conforming to the associate judge's report.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1066, § 5, eff. Sept. 1, 2003.
§ 54.617. JUDICIAL ACTION ON ASSOCIATE JUDGE'S REPORT. Unless a party files a written notice of appeal, the referring court may:
(1) adopt, modify, or reject the associate judge's report; (2) hear further evidence; or (3) recommit the matter to the associate judge for further proceedings.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1066, § 5, eff. Sept. 1, 2003.
§ 54.618. APPEAL TO REFERRING COURT. (a) A party may appeal an associate judge's report by filing notice of appeal not later than the third day after the date the party receives notice of the substance of the associate judge's report as provided by Section 54.614.
(b) An appeal to the referring court must be made in writing and specify the findings and conclusions of the associate judge to which the party objects. The appeal is limited to the findings and conclusions specified in the written appeal.
(c) The parties may present witnesses on appeal to the referring court as in a hearing de novo on the issues raised in the appeal.
(d) Notice of an appeal to the referring court must be given to the opposing attorney in the manner provided by Rule 21a, Texas Rules of Civil Procedure.
(e) If an appeal to the referring court is filed by a party, any other party may file an appeal to the referring court not later than the seventh day after the date of filing of the initial appeal.
(f) The referring court, after notice to the parties, shall hold a hearing on all appeals not later than the 30th day after the date on which the initial appeal was filed with the referring court, unless all of the parties agree to a later date.
(g) Before the start of a hearing conducted by an associate judge, the parties may waive the right of appeal to the referring court. The waiver may be in writing or on the record.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1066, § 6, eff. Sept. 1, 2003.
§ 54.619. APPELLATE REVIEW. (a) Failure to appeal to the referring court, by waiver or otherwise, the approval by the referring court of an associate judge's report does not deprive a party of the right to appeal to or request other relief from a court of appeals or the supreme court.
(b) 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.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1066, § 7, eff. Sept. 1, 2003.
§ 54.620. IMMUNITY. An associate judge appointed under this subchapter has the judicial immunity of a probate judge. All existing immunity granted an associate judge by law, express or implied, continues in full force and effect.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1066, § 8, eff. Sept. 1, 2003.
SUBCHAPTER H. CRIMINAL LAW MAGISTRATES IN TARRANT COUNTY
§ 54.651. APPOINTMENT. (a) The judges of the district courts of Tarrant County that give preference to criminal cases, the judges of the criminal district courts of Tarrant County, and the judges of the county criminal courts of Tarrant County, with the consent and approval of the Commissioners Court of Tarrant 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 judges described in Subsection (a), each magistrate shall serve equally in the courts of those judges.
Added by Acts 1987, 70th Leg., ch. 81, § 1, eff. Aug. 31, 1987. Amended by Acts 1997, 75th Leg., ch. 1147, § 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 910, § 1, eff. Sept. 1, 2003.
§ 54.652. 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.
Added by Acts 1987, 70th Leg., ch. 81, § 1, eff. Aug. 31, 1987.
§ 54.653. COMPENSATION. (a) A magistrate is entitled to the salary determined by the Commissioners Court of Tarrant County.
(b) The salary may not be less than the salary authorized to be paid to a master for family law cases appointed under Subchapter A.
(c) The magistrate's salary is paid from the county fund available for payment of officers' salaries.
Added by Acts 1987, 70th Leg., ch. 81, § 1, eff. Aug. 31, 1987.
§ 54.654. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.
Added by Acts 1987, 70th Leg., ch. 81, § 1, eff. Aug. 31, 1987.
§ 54.655. 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.
Added by Acts 1987, 70th Leg., ch. 81, § 1, eff. Aug. 31, 1987.
§ 54.656. PROCEEDING THAT MAY BE REFERRED. (a) A judge may refer to a magistrate any criminal case for proceedings 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; and (7) any other matter the judge considers necessary and proper. (b) A magistrate may accept a plea of guilty from a defendant charged with misdemeanor, felony, or both misdemeanor and felony offenses.
(c) A magistrate may select a jury. A magistrate may not preside over a trial on the merits, whether or not the trial is before a jury.
Added by Acts 1987, 70th Leg., ch. 81, § 1, eff. Aug. 31, 1987. Amended by Acts 1997, 75th Leg., ch. 1147, § 2, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 910, § 2, eff. Sept. 1, 2003.
§ 54.657. 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, 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 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) set forth general powers and limitations of authority of the magistrate applicable to any case referred.
Added by Acts 1987, 70th Leg., ch. 81, § 1, eff. Aug. 31, 1987.
§ 54.658. 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; and (15) do 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 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 magistrate may make findings, conclusions, and recommendations on those issues.
Added by Acts 1987, 70th Leg., ch. 81, § 1, eff. Aug. 31, 1987. Amended by Acts 2003, 78th Leg., ch. 910, § 3, eff. Sept. 1, 2003.
§ 54.659. 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.
Added by Acts 1987, 70th Leg., ch. 81, § 1, eff. Aug. 31, 1987. Amended by Acts 1997, 75th Leg., ch. 1147, § 3, eff. Sept. 1, 1997.
§ 54.660. 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.
Added by Acts 1987, 70th Leg., ch. 81, § 1, eff. Aug. 31, 1987.
§ 54.661. 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.
Added by Acts 1987, 70th Leg., ch. 81, § 1, eff. Aug. 31, 1987.
§ 54.662. 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.
Added by Acts 1987, 70th Leg., ch. 81, § 1, eff. Aug. 31, 1987.
§ 54.663. COSTS OF MAGISTRATE. The court shall determine if the nonprevailing party is able to defray the costs of the magistrate. If the court determines that the nonprevailing party is able to pay those costs, the court shall tax the magistrate's fees as costs against the nonprevailing party.
Added by Acts 1987, 70th Leg., ch. 81, § 1, eff. Aug. 31, 1987.
SUBCHAPTER I. JUVENILE LAW MASTERS IN HARRIS COUNTY
§ 54.681. APPOINTMENT. (a) A majority of the judges of the courts that are designated as juvenile courts in Harris County may determine that one or more full-time or part-time masters are needed to serve those courts.
(b) The judges shall issue an order reflecting that determination and specifying the number of masters needed.
(c) Subject to the determination of need and the approval of the commissioners court of Harris County, each judge may appoint one or more masters to serve the judge's court.
(d) Judges may act together to appoint a master to serve their courts.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 54.501 by Acts 1989, 71st Leg., ch. 2, § 16.01(24), eff. Aug. 28, 1989.
§ 54.682. QUALIFICATIONS. A master must: (1) be a citizen and resident of this state; and (2) have been licensed to practice law in this state for at least four years.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 54.502 by Acts 1989, 71st Leg., ch. 2, § 16.01(24), eff. Aug. 28, 1989.
§ 54.683. ORDER OF APPOINTMENT. The order appointing a master must be entered in the minutes of each court making the order and state:
(1) The master's name and state bar identification number; (2) the name of each court the master will serve; and (3) the date the master's service is to begin.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 54.503 by Acts 1989, 71st Leg., ch. 2, § 16.01(24), eff. Aug. 28, 1989.
§ 54.684. COMPENSATION. The commissioners court shall set the compensation for masters and determine the total amount the county will pay as compensation for masters.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 54.504 by Acts 1989, 71st Leg., ch. 2, § 16.01(24), eff. Aug. 28, 1989.
§ 54.685. JUDICIAL IMMUNITY. A master appointed under this Act has the same judicial immunity as a district judge.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 54.505 by Acts 1989, 71st Leg., ch. 2, § 16.01(24), eff. Aug. 28, 1989.
§ 54.686. TERMINATION OF EMPLOYMENT. (a) A master who serves a single court serves at the will of the judge of that court.
(b) The employment of a master who serves two courts may be terminated by either of the judges of those courts.
(c) The employment of a master who serves more than two courts may be terminated by a majority of the judges of those courts.
(d) To terminate a master's employment, the appropriate judges must sign a written order of termination. The order must state:
(1) the master's name and state bar identification number; (2) each court ordering termination; and (3) the date the master's employment ends.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 54.506 by Acts 1989, 71st Leg., ch. 2, § 16.01(24), eff. Aug. 28, 1989.
§ 54.687. WITHDRAWAL OF APPOINTMENT FOR A PARTICULAR COURT. The judge of a court for which a master has been appointed may withdraw the master's appointment to that court by written order. The order must state:
(1) the master's name and state bar identification number; (2) the name of the court ordering the withdrawal; and (3) the date the master's services end as to that court.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 54.507 by Acts 1989, 71st Leg., ch. 2, § 16.01(24), eff. Aug. 28, 1989.
§ 54.688. CASES THAT MAY BE REFERRED. A judge may refer to a master any civil case or portion of a civil case brought:
(1) under Title 1, 2, 3, 4, or 5, Family Code; or (2) in connection with Rule 308a, Texas Rules of Civil Procedure
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 54.508 by Acts 1989, 71st Leg., ch. 2, § 16.01(24), eff. Aug. 28, 1989. Amended by Acts 1997, 75th Leg., ch. 165, § 7.34, eff. Sept. 1, 1997.
§ 54.689. METHOD OF REFERRAL. A case may be referred as prescribed by published local rules or by written orders.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31, 1987. Renumbered from V.T.C.A., § 54.509 by Acts 1989, 71st Leg., ch. 2, § 16.01(24), eff. Aug. 28, 1989.
§ 54.690. POWERS. (a) An order of referral may limit the use or power of a master.
(b) Unless limited by published local rule, by written order, or by an order of referral, a master may perform all acts and take all measures necessary and proper to perform the tasks assigned in a referral.
(c) A master may administer oaths.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 54.510 by Acts 1989, 71st Leg., ch. 2, § 16.01(24), eff. Aug. 28, 1989.
§ 54.691. EFFECT ON TEMPORARY RESTRAINING ORDER. (a) The referral of a case or a portion of a case to a master does not affect a party's right to have a court grant or extend a temporary restraining order and does not prevent the expiration of a temporary restraining order.
(b) Until a judge signs an order concerning the findings and recommendations of a master, the findings and recommendations do not affect an existing temporary restraining order or the expiration or extension of that order.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 54.511 by Acts 1989, 71st Leg., ch. 2, § 16.01(24), eff. Aug. 28, 1989.
§ 54.692. JURY. (a) Except as provided by Subsection (b), if a jury trial is demanded in a case referred to a master, the master shall refer the case back to the referring court for a full hearing according to the usual rules applicable to the case.
(b) A jury demand does not affect the authority of a master to handle pretrial matters referred to the master.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 54.512 by Acts 1989, 71st Leg., ch. 2, § 16.01(24), eff. Aug. 28, 1989.
§ 54.693. COURT REPORTER. (a) A court reporter need not be provided during a hearing conducted by a master.
(b) Notwithstanding Subsection (a), a referring judge may require a reporter at any hearing.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 54.513 by Acts 1989, 71st Leg., ch. 2, § 16.01(24), eff. Aug. 28, 1989.
§ 54.694. FAILURE TO COMPLY WITH SUMMONS OR ORDER. If an attorney, party, witness, or any other person fails to comply with a summons or order, the master may certify in writing that failure to the referring court for appropriate action.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 54.514 by Acts 1989, 71st Leg., ch. 2, § 16.01(24), eff. Aug. 28, 1989.
§ 54.695. WITNESSES. (a) A witness appearing before a master is subject to the penalties of perjury as provided by Chapter 37, Penal Code.
(b) A witness referred to the court under Section 54.514 is subject to the same penalties and orders that may be imposed on a witness appearing in a hearing before the court.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 54.515, by Acts 1989, 71st Leg., ch. 2, § 16.01(24), eff. Aug. 28, 1989.
§ 54.696. RETURN TO REFERRING COURT; FINDINGS. After a hearing is concluded, the master shall send to the referring judge all papers relating to the case and the written findings of the master.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 54.516 by Acts 1989, 71st Leg., ch. 2, § 16.01(24), eff. Aug. 28, 1989.
§ 54.697. COURT ACTION ON REPORT. (a) After the court receives the master's report, the court may adopt, modify, correct, reject, or reverse the master's report or may recommit it for further information, as the court determines to be proper and necessary in each case.
(b) If a judgment has been recommended, the court may approve the recommendation and hear more evidence before making its judgment.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 54.517 by Acts 1989, 71st Leg., ch. 2, § 16.01(24), eff. Aug. 28, 1989.
§ 54.698. DECREE OR JUDGMENT. The finding and recommendations become the decree or judgment of the court when adopted and approved by an order of the judge.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 54.518 by Acts 1989, 71st Leg., ch. 2, § 16.01(24), eff. Aug. 28, 1989.
§ 54.699. MASTERS IN CHANCERY. This subchapter does not prohibit a court from appointing a master in chancery as provided by Rule 171, Texas Rules of Civil Procedure.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 54.519 by Acts 1989, 71st Leg., ch. 2, § 16.01(24), eff. Aug. 28, 1989.
§ 54.700. REFEREES. (a) A master appointed under this subchapter may serve as a referee as provided by Sections 51.04(g) and 54.10, Family Code.
(b) A referee appointed under Section 51.04(g), Family Code, may be appointed to serve as a master under this Act.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 54.520 by Acts 1989, 71st Leg., ch. 2, § 16.01(24), eff. Aug. 28, 1989.
SUBCHAPTER J. EL PASO CRIMINAL LAW MAGISTRATE COURT
§ 54.731. SHORT TITLE. This subchapter may be cited as the El Paso Criminal Law Magistrates Act.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.732. CREATION. The El Paso Criminal Law Magistrate Court is a court having the jurisdiction provided by this subchapter over offenses allegedly committed in El Paso County except for that portion of the county in the corporate limits of Vinton, Texas.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.733. JURISDICTION. (a) Except as provided by Subsection (b), the criminal law magistrate court has the criminal jurisdiction provided by the constitution and laws of this state for county courts.
(b) 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.
(c) 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 Section 2.09, Code of Criminal Procedure.
(d) Except as provided by Subsection (e), the criminal law magistrate court has the criminal jurisdiction provided by the constitution and laws of the state for a district court.
(e) 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. (f) 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 that is issued by a district court and that is assigned by the district court to the criminal law magistrate court.
(g) A felony or misdemeanor indictment may not be filed in or transferred to the criminal law magistrate court.
(h) A felony or misdemeanor information may not be filed in or transferred to the criminal law magistrate court.
(i) 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.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.734. TERM OF COURT. The criminal law magistrate court has two terms of court beginning on the first Mondays in January and July.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.735. POWERS AND DUTIES. 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 county court judges when acting in a misdemeanor case and for district court judges when acting in a felony case.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.736. COUNCIL OF JUDGES. (a) The El Paso Council of Judges is composed of the judges of the district courts of El Paso County and the judges of the county courts at law of El Paso County.
(b) The council of judges shall ensure that the criminal law magistrate court gives preference to magistrate duties, as those duties apply to the county jail inmate population, until the commissioners court provides funds for more than one judge to sit on the criminal law magistrate court.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.737. ADMINISTRATIVE RULES. (a) The El Paso Council of Judges by majority vote shall include in the local rules of administration adopted as provided by Subchapter D, Chapter 74, rules for the administration of the criminal law magistrate court.
(b) The rules may provide for: (1) assignment and hearing of all criminal cases subject to the jurisdictional limitations of the criminal law magistrate court;
(2) designation of a particular judge of the criminal law magistrate court to be responsible for certain matters;
(3) fair and equitable division of caseloads of criminal cases of the judges of the council of judges and the criminal law magistrate court;
(4) limitations on the assignment of cases to the criminal law magistrate court;
(5) limitations on the powers of a judge of the criminal law magistrate court in regard to the exercise of jurisdiction when presiding for an assigning court;
(6) setting hours, days, and places for holding court by a judge of the criminal law magistrate court; and
(7) any other matter necessary to carry out this subchapter or to improve the administration and management of the court system and its auxiliary services.
(c) The rules must provide that: (1) a criminal law magistrate judge may not, on a regular basis, hold court or perform magistrate duties after 7 p.m. or before 7 a.m.; and
(2) a criminal law magistrate judge may only release a defendant under Article 17.031, Code of Criminal Procedure, under guidelines established by the council of judges.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.738. 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 any unindicted felony case, Class A misdemeanor case, or Class B misdemeanor case if an information has not been filed and if the case is pending in the court of any magistrate in the criminal law magistrate court's jurisdiction.
(b) A case may not be transferred from or to the magistrate docket of a judge on the El Paso Council of Judges 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 on the council of judges, a judge of the criminal law magistrate court, or any other magistrate to act as presiding judge in any unindicted felony case, Class A misdemeanor case, or Class B misdemeanor case if an information has not been filed and if the case is pending in the court of any magistrate in the criminal law magistrate court's jurisdiction.
(d) A case may not be assigned to a judge on the council of judges without the assigned judge's consent.
(e) This section applies only to the district courts, county courts at law, justice courts, and municipal courts in the county.
(f) The local administrative judge may delegate or the local administrative rules may provide for the delegation of the power to transfer or assign cases to any other judge on the council of judges.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.739. ORDER OF ASSIGNMENT. (a) Cases may be assigned by local administrative rules, by a blanket written order, or on a case-by-case basis. Each district court and county court at law may use any of the methods to assign cases to the criminal law magistrate court.
(b) The local administrative rules, a blanket order of assignment, or a specific order of assignment may limit the powers of a criminal law magistrate court or a judge of that court.
(c) Unless limited as provided by Subsection (b), the criminal law magistrate court and a judge of that court may perform all acts and take all measures necessary and proper to exercise the jurisdiction granted in this subchapter in relation to a case assigned under this subchapter.
(d) A case assigned under this subchapter to the criminal law magistrate court from a district court or a county court at law remains on the docket of the assigning court and in the assigning court's jurisdiction.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.740. EFFECT OF TRANSFER. When a case is transferred from one court to another as provided by this subchapter, all processes, writs, bonds, recognizances, or other obligations issued from the transferring court are returnable to the court to which the case is transferred as if originally issued by that court. The obligees in all bonds and recognizances taken in a case that is transferred and all witnesses summoned to appear in a court from which a case is transferred are required to appear before the court to which the case is transferred as if the processes or obligations were originally issued by the court to which the transfer is made.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.741. FORFEITURES. Bail bonds and personal bonds may be forfeited by the criminal law magistrate court in the manner provided by Chapter 22, Code of Criminal Procedure, and those forfeitures shall be filed with the district clerk, except in cases in which the county clerk is the clerk under this subchapter.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.742. COSTS. (a) When the district clerk is the clerk under this subchapter, the district clerk shall charge the same court costs for cases filed, transferred to, or assigned to the criminal law magistrate court that are charged in the district courts.
(b) When the county clerk is the clerk under this subchapter, the county clerk shall charge the same court costs for cases filed in, transferred to, or assigned to the criminal law magistrate court that are charged in the county courts.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.743. OBJECTION TO JUDGE. (a) If after indictment, the defendant or the state files a timely objection to the assignment of a first-degree felony to the criminal law magistrate court, the judge is disqualified to hear the case.
(b) If after indictment the defendant or the state files a timely objection to a particular judge on the criminal law magistrate court hearing a first-degree felony assigned to that court, that judge is disqualified to hear the case.
(c) An objection under this section must be filed before the first hearing or trial, including pretrial hearings, in which the assigned judge is to preside.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.744. JUDGES ON EL PASO COUNCIL OF JUDGES. Unless the local rules of administration provide otherwise, the judges on the El Paso Council of Judges and the judges on the criminal law magistrate court may sit and act for any magistrate in El Paso County on any unindicted felony or Class A or B misdemeanor case if an information has not been filed.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.745. PRETRIAL DIVERSION. (a) As a condition for a defendant to enter any pretrial diversion program or the functional equivalent that may be operated in El Paso County by the West Texas Regional Adult Probation Department or a county or district attorney of El Paso County, a defendant must file in the court in which the charges are pending a sworn waiver of speedy trial motion requesting the court to approve without a hearing defendant's waiver of his speedy trial rights under the constitution and other law. If the court approves the waiver, the defendant is eligible for consideration for acceptance into a pretrial diversion program or equivalent program.
(b) At the time the motion to waive speedy trial rights required by Subsection (a) is filed, the court clerk shall collect a $100 filing fee unless the court for good cause waives the fee or any part of the fee under guidelines that may be set by the local administrative rules. The filing fee is nonrefundable.
(c) The fees collected by the court clerk under Subsection (b) shall be deposited in the general fund of the county treasury as provided by Chapter 113, Local Government Code.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.746. JURISDICTION OF JUDGES ON EL PASO COUNCIL OF JUDGES. (a) In addition to jurisdiction conferred by other law, each district court and county court at law in El Paso County has the same jurisdiction given to the criminal law magistrate court by this subchapter.
(b) A misdemeanor information may not be filed in a district court under the grant of jurisdiction in Subsection (a).
(c) A felony indictment or information may not be filed in a county court at law under the grant of jurisdiction in Subsection (a).
(d) A judge of a county court at law in El Paso County shall exercise jurisdiction granted by Subsection (a) over felony indictments and felony information only as a judge presiding for the court in which the felony is pending and only if the El Paso Council of Judges has so provided in the local administrative rules by a unanimous vote. The exercise of this jurisdiction outside El Paso County is as provided by Chapter 74 and other law.
(e) A judge of a district court in El Paso County shall exercise jurisdiction granted by Subsection (a) over misdemeanor information only as a judge presiding for the court in which the misdemeanor is pending and only if the council of judges has so provided in the local administrative rules by a unanimous vote. The exercise of this jurisdiction outside El Paso County is as provided by the Court Administration Act (Chapter 74) and other law.
(f) This subchapter does not grant jurisdiction over misdemeanors involving official misconduct to any court, and all those cases remain in the original jurisdiction of the district courts as provided by law.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.747. JUDGE. (a) The criminal law magistrate court is presided over by one or more judges appointed by a two-thirds vote of all the district court and county court at law judges. A criminal law magistrate court judge serves for a one-year term beginning on the date of appointment.
(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) If there is more than one criminal law magistrate court judge, the council of judges may appoint one of the judges to be the presiding criminal law magistrate court judge.
(d) The order appointing a judge of the criminal law magistrate court must be signed by two-thirds of the judges on the El Paso Council of Judges and shall be entered in the minutes of each district court and county court at law. The order must state the judge's name, state bar identification number, and the date the appointment takes effect.
(e) The council of judges may withdraw a judge's appointment to the criminal law magistrate court by a majority vote of all the judges on the council of judges. The order must be signed by the local administrative judge and shall be entered in the minutes of each district court and county court at law. The order must state the judge's name, state bar identification number, and the date the order of withdrawal takes effect.
(f) Any judge on the council of judges may withdraw that judge's consent for a judge or judges of the criminal law magistrate court to act for that judge under this subchapter. The order withdrawing consent to act must state the name of the judge who may not act, the judge's state bar identification number, and the date the withdrawal of consent takes effect.
(g) A judge of the criminal law magistrate court is entitled to the salary determined by the commissioners court. The salary may not be less than the salary authorized to be paid to a family law master appointed for El Paso County.
(h) Except as provided for in Subsection (i), the council of judges may only appoint the number of judges for which the commissioners court by order provides compensation in the county budget.
(i) The council of judges may appoint any number of judges who agree to serve on the criminal law magistrate court as part-time or as full-time judges without compensation.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.748. OATH OF OFFICE. The judges of the criminal law magistrate court must take the constitutional oath of office prescribed for appointed officers.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.749. JUDICIAL IMMUNITY. The judges of the criminal law magistrate court and the judges of the county courts at law have the same judicial immunity as a district judge.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.750. EXCHANGE OF BENCHES. (a) The judges of the criminal law magistrate court may exchange benches and may sit and act for each other in any proceeding pending in the criminal law magistrate court.
(b) Except as provided by Subsection (c), the judges of the criminal law magistrate court may exchange benches and may sit and act for each other in any proceeding assigned to them under this subchapter if a felony or misdemeanor indictment has been filed or a felony or misdemeanor information has been filed.
(c) Any court that assigns an indicted case or a case in which an information has been filed under this subchapter to the criminal law magistrate court may provide in the assignment order or the local administrative rules may provide that only the judge who is named in the assignment order may act on the case and that another judge of the criminal law magistrate court may not exchange benches with or sit for the judge named in the assignment order or local administrative rules.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.751. SPECIAL JUDGE. (a) If a full-time compensated judge of the criminal law magistrate court is absent or is from any cause disabled or disqualified from presiding, a special judge may be appointed in the manner provided by this subchapter for the appointment of a judge of the criminal law magistrate court.
(b) A special judge shall take the oath of office that is required by law for the regular judge and has all the power and jurisdiction of the court and of the regular judge for whom he is sitting. A special judge may sign orders, judgments, decrees, or other process of any kind as "Judge Presiding" when acting for the regular judge.
(c) A special judge is entitled to receive for the services actually performed the same amount of compensation that the regular judge is entitled to receive for the services. The compensation shall be paid out of county funds. None of the amount paid to a special judge for sitting for the regular judge may be deducted or paid out of the salary of the regular judge.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.753. CLERK. (a) The district clerk serves as clerk of the criminal law magistrate court, except that after a misdemeanor information is filed in the county court at law and assigned to the criminal law magistrate court, the county clerk serves as clerk for that misdemeanor case.
(b) The district clerk shall establish a docket and keep the minutes for the cases filed in or transferred to the criminal law magistrate court. The district clerk shall perform any other duties that local administrative rules require in connection with the implementation of this subchapter. The local administrative judge shall ensure that the duties required under this subsection are performed.
(c) The clerk of the case shall include as part of the record on appeal a copy of the order and local administrative rule under which a criminal law magistrate court acted.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.754. SHERIFF. (a) The county sheriff, either in person or by deputy, shall attend the criminal law magistrate court as required by a judge of that court.
(b) Unless the local administrative rules provide otherwise, the county sheriff, either in person or by deputy, shall attend court proceedings heard by El Paso family law masters as required by a family law master.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.755. COURT REPORTER. Each judge of the criminal law magistrate court shall appoint an official shorthand reporter to serve that judge. Those official shorthand reporters must be well skilled in their profession. Such a reporter is a sworn officer of the court who holds office at the pleasure of the court.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.756. FAMILY LAW MASTER. (a) An El Paso family law master may be appointed as a judge of the criminal law magistrate court and continue as a family law master.
(b) A family law master may not be appointed as a judge of the criminal law magistrate court unless the family law master agrees to the appointment.
(c) A family law master appointed to serve as a judge of the criminal law magistrate court is not entitled to receive additional compensation for serving as a judge of that court unless the commissioners court provides additional compensation.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.757. JUDGE OF CRIMINAL LAW MAGISTRATE COURT. (a) A judge of the criminal law magistrate court may be appointed as a family law master and continue as a judge of the criminal law magistrate court.
(b) A judge of the criminal law magistrate court may not be appointed as a family law master unless the judge agrees to the appointment.
(c) A judge of the criminal law magistrate court appointed to serve as a family law master is not entitled to receive additional compensation for serving as a family law master unless the commissioners court provides additional compensation.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.758. MAGISTRATES MAY BE APPOINTED. (a) Any magistrate in El Paso County may be appointed as a judge of the criminal law magistrate court or as a family law master, or both, and continue as a judge or justice of another court.
(b) A magistrate may not be appointed under Subsection (a) unless the magistrate agrees to the appointment.
(c) A magistrate appointed under Subsection (a) is not entitled to receive additional compensation unless the commissioners court provides additional compensation.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.759. LOCATION OF COURT. The criminal law magistrate court may be held at the location that is provided by the local administrative rules or ordered by the local administrative judge.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.760. COURT SEAL. The seal of the criminal law magistrate court shall be the same as that provided by law for county courts, except that the seal must contain the words "El Paso Criminal Law Magistrate Court." The seal shall be judicially noticed.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.761. INACTIVE COURT. (a) If in the opinion of a majority of the judges of the El Paso Council of Judges the criminal law magistrate court should not continue in active operation after it is created, then by an order or orders signed by the local administrative judge all pending cases on the active docket of the criminal law magistrate court shall be transferred to the court or courts of other magistrates that have potential jurisdiction over the cases transferred.
(b) The local administrative judge shall select the courts to which the cases are transferred under Subsection (a).
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.762. JURISDICTION NOT DIMINISHED. This subchapter does not diminish the jurisdiction granted by the constitution and laws of this state to any court named in this subchapter.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
§ 54.763. TRANSFER UNDER CODE OF CRIMINAL PROCEDURE. This subchapter does not prevent a district court from transferring misdemeanor indictments to an inferior court as provided by Chapter 21, Code of Criminal Procedure, notwithstanding the grant of misdemeanor jurisdiction to the district courts by this subchapter.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28, 1989.
SUBCHAPTER K. JUVENILE COURT MASTERS IN HARRIS COUNTY
§ 54.801. APPOINTMENT. (a) A majority of the judges of the courts that are designated as juvenile courts in Harris County may determine that one or more full-time or part-time masters are needed to serve those courts.
(b) The judges shall issue an order reflecting that determination and specifying the number of masters needed.
(c) Subject to the determination of need and the approval of the commissioners court of Harris County, each judge may appoint one or more masters to serve the judge's court.
(d) Judges may act together to appoint a master to serve their courts.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28, 1989.
§ 54.802. QUALIFICATIONS. A master must: (1) be a citizen and resident of this state; and (2) have been licensed to practice law in this state for at least four years.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28, 1989.
§ 54.803. ORDER OF APPOINTMENT. The order appointing a master must be entered in the minutes of each court making the order and state:
(1) the master's name and state bar identification number; (2) the name of each court the master will serve; and (3) the date the master's service is to begin.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28, 1989.
§ 54.804. COMPENSATION. The commissioners court shall set the compensation for masters and determine the total amount the county will pay as compensation for masters.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28, 1989.
§ 54.805. JUDICIAL IMMUNITY. A master appointed under this subchapter has the same judicial immunity as a district judge.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28, 1989.
§ 54.806. TERMINATION OF EMPLOYMENT. (a) A master who serves a single court serves at the will of the judge of that court.
(b) The employment of a master who serves two courts may be terminated by either of the judges of those courts.
(c) The employment of a master who serves more than two courts may be terminated by a majority of the judges of those courts.
(d) To terminate a master's employment, the appropriate judges must sign a written order of termination. The order must state:
(1) the master's name and state bar identification number; (2) each court ordering termination; and (3) the date the master's employment ends.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28, 1989.
§ 54.807. WITHDRAWAL OF APPOINTMENT FOR A PARTICULAR COURT. The judge of a court for which a master has been appointed may withdraw the master's appointment to that court by written order. The order must state:
(1) the master's name and state bar identification number; (2) the name of the court ordering the withdrawal; and (3) the date the master's services end as to that court.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28, 1989.
§ 54.808. CASES THAT MAY BE REFERRED. A judge may refer to a master any civil case or portion of a civil case brought:
(1) under Title 1, 2, 3, 4, or 5, Family Code; or (2) in connection with Rule 308a, Texas Rules of Civil Procedure
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28, 1989. Amended by Acts 1997, 75th Leg., ch. 165, § 7.35, eff. Sept. 1, 1997.
§ 54.809. METHOD OF REFERRAL. A case may be referred as prescribed by published local rules or by written orders.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28, 1989.
§ 54.810. POWERS. (a) An order of referral may limit the use or power of a master.
(b) Unless limited by published local rule, by written order, or by an order of referral, a master may perform all acts and take all measures necessary and proper to perform the tasks assigned in a referral.
(c) A master may administer oaths.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28, 1989.
§ 54.811. EFFECT ON TEMPORARY RESTRAINING ORDER. (a) The referral of a case or a portion of a case to a master does not affect a party's right to have a court grant or extend a temporary restraining order and does not prevent the expiration of a temporary restraining order.
(b) Until a judge signs an order concerning the findings and recommendations of a master, the findings and recommendations do not affect an existing temporary restraining order or the expiration or extension of that order.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28, 1989.
§ 54.812. JURY. (a) Except as provided by Subsection (b), if a jury trial is demanded in a case referred to a master, the master shall refer the case back to the referring court for a full hearing according to the usual rules applicable to the case.
(b) A jury demand does not affect the authority of a master to handle pretrial matters referred to the master.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28, 1989.
§ 54.813. COURT REPORTER. (a) A court reporter must be provided during a hearing conducted by a master.
(b) Notwithstanding Subsection (a), a referring judge may require a reporter at any hearing.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28, 1989.
§ 54.814. FAILURE TO COMPLY WITH SUMMONS OR ORDER. If an attorney, party, witness, or any other person fails to comply with a summons or order, the master may certify that failure in writing to the referring court for appropriate action.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28, 1989.
§ 54.815. WITNESSES. (a) A witness appearing before a master is subject to the penalties of perjury as provided by Chapter 37, Penal Code.
(b) A witness referred to the court under Section 54.814 is subject to the same penalties and orders that may be imposed on a witness appearing in a hearing before the court.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28, 1989.
§ 54.816. RETURN TO REFERRING COURT; FINDINGS. After a hearing is concluded, the master shall send to the referring judge all papers relating to the case and the written findings of the master.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28, 1989.
§ 54.817. COURT ACTION ON REPORT. (a) After the court receives the master's report, the court may adopt, modify, correct, reject, or reverse the master's report or may recommit it for further information, as the court determines to be proper and necessary in each case.
(b) If a judgment has been recommended, the court may approve the recommendation and hear more evidence before making its judgment.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28, 1989.
§ 54.818. DECREE OR JUDGMENT. The finding and recommendations become the decree or judgment of the court when adopted and approved by an order of the judge.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28, 1989.
§ 54.819. MASTERS IN CHANCERY. This subchapter does not prohibit a court from appointing a master in chancery as provided by Rule 171, Texas Rules of Civil Procedure.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28, 1989.
§ 54.820. REFEREES. (a) A master appointed under this subchapter may serve as a referee as provided by Subsection (g) of Section 51.04 and Section 54.10, Family Code.
(b) A referee appointed under Subsection (g) of Section 51.04, Family Code, may be appointed to serve as a master under this subchapter.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28, 1989.
SUBCHAPTER L. CRIMINAL LAW HEARING OFFICERS IN CERTAIN COUNTIES
§ 54.851. APPLICATION. This subchapter applies only to counties with a population of 3.3 million or more.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993. Amended by Acts 2001, 77th Leg., ch. 669, § 18, eff. Sept. 1, 2001.
§ 54.852. APPOINTMENT. (a) A board composed of three judges of the district courts of Harris County trying criminal cases, three judges of the county criminal courts at law, and three justices of the peace in Harris County may appoint criminal law hearing officers, with the consent and approval of the commissioners court, to perform the duties authorized by this subchapter. A quorum is two-thirds of the members of the board.
(b) The board shall ensure that the criminal law hearing officers appointed under this subchapter are representative of the race, sex, national origin, and ethnicity of the population of Harris County.
(c) A criminal law hearing officer serves a one-year term and continues to serve until a successor is appointed.
(d) A criminal law hearing officer appointed under this subchapter may be terminated at any time in the same manner as appointed.
(e) A criminal law hearing officer may not engage in the private practice of law or serve as a mediator or arbitrator or otherwise participate as a neutral party in any alternate dispute resolution proceeding, with or without compensation.
(f) A criminal law hearing officer is subject to proceedings under Article V, Section 1-a, of the Texas Constitution.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993.
§ 54.853. QUALIFICATIONS. To be eligible for appointment as a criminal law hearing officer under this subchapter, a person must:
(1) be a resident of this state and the county; (2) have been licensed to practice law in this state for at least four years;
(3) not have been defeated for reelection to a judicial office; (4) 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
(5) 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 the final disposition of the proceedings.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993.
§ 54.854. COMPENSATION. (a) Each criminal law hearing officer is entitled to a salary in the amount set by the commissioners court.
(b) The salary may not be less than the salary authorized to be paid to a master for family law cases appointed under Subchapter A.
(c) The salary is paid from the county fund available for payment of officers' salaries.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993.
§ 54.855. OATH. A criminal law hearing officer must take the constitutional oath of office required of appointed officers of this state.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993.
§ 54.856. CRIMINAL JURISDICTION. (a) A criminal law hearing officer appointed under this subchapter has limited concurrent jurisdiction over criminal cases filed in the district courts, county criminal courts at law, and justice courts of the county. The jurisdiction of the criminal law hearing officer is limited to:
(1) determining probable cause for further detention of any person detained on a criminal complaint, information, or indictment filed in the district courts, county criminal courts at law, or justice courts of the county;
(2) committing the defendant to jail, discharging the defendant from custody, or admitting the defendant to bail, as the law and facts of the case require;
(3) issuing search warrants and arrest warrants as provided by law for magistrates;
(4) as to criminal cases filed in justice courts, disposing of cases as provided by law, other than by trial, and collecting fines and enforcing judgments and orders of the justice courts in criminal cases; and
(5) enforcing judgments and orders of the county criminal courts at law in criminal cases.
(b) This section does not limit or impair the jurisdiction of the court in which the complaint, information, or indictment is filed to review or alter the decision of the criminal law hearing officer.
(c) In a felony or misdemeanor case punishable by incarceration in the county jail, a criminal law hearing officer may not dismiss the case, enter a judgment of acquittal or guilt, or pronounce sentence.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993. Amended by Acts 2001, 77th Leg., ch. 1206, § 1, eff. Sept. 1, 2001.
§ 54.857. MENTAL HEALTH JURISDICTION. The judges appointing a criminal law hearing officer may authorize the criminal law hearing officer to serve the statutory probate courts of Harris County as necessary to hear emergency mental health matters under Chapter 573, Health and Safety Code. A criminal law hearing officer has concurrent limited jurisdiction with the statutory probate courts of the county to hear emergency mental health matters under Chapter 573, Health and Safety Code. This section does not impair the jurisdiction of the statutory probate courts to review or alter the decision of the criminal law hearing officer.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993.
§ 54.858. DUTIES AND POWERS. (a) A criminal law hearing officer shall inform the person arrested, in clear language, of the accusation against the person and of any affidavit filed with the accusation. A criminal law hearing officer shall inform the person arrested of the person's right to retain counsel, to remain silent, to have an attorney present during any interview with a peace officer or an attorney representing the state, to terminate the interview at any time, and to request the appointment of counsel if the person is indigent and cannot afford counsel. The criminal law hearing officer shall also inform the person arrested that the person is not required to make a statement and that any statement made by the person may be used against the person. The criminal law hearing officer must allow the person arrested reasonable time and opportunity to consult counsel and shall admit the person arrested to bail if allowed by law.
(b) A criminal law hearing officer may determine the amount of bail and grant bail pursuant to Chapter 17, Code of Criminal Procedure, and as otherwise provided by law.
(c) A criminal law hearing officer may issue a magistrate's order for emergency apprehension and detention under Chapter 573, Health and Safety Code, if the criminal law hearing officer makes each finding required by Section 573.012(b), Health and Safety Code.
(d) The criminal law hearing officer shall be available, within 24 hours of a defendant's arrest, to determine probable cause for further detention, administer warnings, inform the accused of the pending charges, and determine all matters pertaining to bail. Criminal law hearing officers shall be available to review and issue search warrants and arrest warrants as provided by law.
(e) A criminal law hearing officer may dispose of criminal cases filed in the justice court as provided by law, other than by trial, and collect fines and enforce the judgments and orders of the justice courts in criminal cases.
(f) A criminal law hearing officer may enforce judgments and orders of the county criminal courts at law in criminal cases.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993. Amended by Acts 2001, 77th Leg., ch. 1206, § 2, eff. Sept. 1, 2001.
§ 54.859. JUDICIAL IMMUNITY. A criminal law hearing officer has the same judicial immunity as a district judge, statutory county court judge, and justice of the peace.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993.
§ 54.860. SHERIFF. On request of a criminal law hearing officer appointed under this subchapter, the sheriff, in person or by deputy, shall assist the criminal law hearing officer.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993.
§ 54.861. CLERK. The district clerk shall perform the statutory duties necessary for the criminal law hearing officers appointed under this subchapter in cases filed in a district court or county criminal court. A person designated to serve as clerk of a justice court shall perform the statutory duties necessary for cases filed in a justice court.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993.
SUBCHAPTER M. MAGISTRATES IN LUBBOCK COUNTY
§ 54.871. APPOINTMENT. (a) The judges of the district courts of Lubbock County, with the consent and approval of the Commissioners Court of Lubbock 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 unanimous approval 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.
Added by Acts 1989, 71st Leg., ch. 25, § 1, eff. Aug. 28, 1989.
§ 54.872. 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.
Added by Acts 1989, 71st Leg., ch. 25, § 1, eff. Aug. 28, 1989.
§ 54.873. COMPENSATION. (a) A magistrate is entitled to the salary determined by the Commissioners Court of Lubbock County.
(b) The salary may not be less than the salary authorized to be paid to an associate judge for Title IV-D cases appointed under Subchapter B, Chapter 201, Family Code.
(c) The magistrate's salary is paid from the county fund available for payment of officers' salaries.
Added by Acts 1989, 71st Leg., ch. 25, § 1, eff. Aug. 28, 1989. Amended by Acts 1999, 76th Leg., ch. 602, § 2, eff. June 18, 1999; Acts 2003, 78th Leg., ch. 1258, § 26, eff. Sept. 1, 2003.
§ 54.874. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.
Added by Acts 1989, 71st Leg., ch. 25, § 1, eff. Aug. 28, 1989.
§ 54.875. 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.
Added by Acts 1989, 71st Leg., ch. 25, § 1, eff. Aug. 28, 1989.
§ 54.876. PROCEEDING THAT MAY BE REFERRED. (a) A district judge or a county court at law judge may refer to a magistrate any criminal case for proceedings 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; and (6) any other matter the judge considers necessary and proper. (b) A magistrate may accept a plea of guilty for a misdemeanor or felony. (c) A magistrate may not preside over a trial on the merits, whether or not the trial is before a jury.
(d) A judge of a court designated a 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.
Added by Acts 1989, 71st Leg., ch. 25, § 1, eff. Aug. 28, 1989. Amended by Acts 1999, 76th Leg., ch. 602, § 3, eff. June 18, 1999.
§ 54.877. 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, 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 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) set forth general powers and limitations of authority of the magistrate applicable to any case referred.
Added by Acts 1989, 71st Leg., ch. 25, § 1, eff. Aug. 28, 1989.
§ 54.878. 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 for a misdemeanor or felony or a plea of true from a defendant or juvenile, regardless of the classification of the offense charged or the conduct alleged; and
(14) do 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 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 magistrate may make findings, conclusions, and recommendations on those issues.
Added by Acts 1989, 71st Leg., ch. 25, § 1, eff. Aug. 28, 1989. Amended by Acts 1999, 76th Leg., ch. 602, § 4, eff. June 18, 1999.
§ 54.879. COURT REPORTER. At the request of a party, the court shall provide a court reporter to record the proceedings before the magistrate.
Added by Acts 1989, 71st Leg., ch. 25, § 1, eff. Aug. 28, 1989.
§ 54.880. 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.
Added by Acts 1989, 71st Leg., ch. 25, § 1, eff. Aug. 28, 1989.
§ 54.881. 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.
Added by Acts 1989, 71st Leg., ch. 25, § 1, eff. Aug. 28, 1989.
§ 54.882. 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.
Added by Acts 1989, 71st Leg., ch. 25, § 1, eff. Aug. 28, 1989.
§ 54.883. COSTS OF MAGISTRATE. The court shall determine if the nonprevailing party is able to defray the costs of the magistrate. If the court determines that the nonprevailing party is able to pay those costs, the court shall tax the magistrate's fees as costs against the nonprevailing party.
Added by Acts 1989, 71st Leg., ch. 25, § 1, eff. Aug. 28, 1989.
§ 54.884. MAGISTRATES. (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 he is serving.
Added by Acts 1989, 71st Leg., ch. 25, § 1, eff. Aug. 28, 1989. Amended by Acts 1999, 76th Leg., ch. 602, § 5, eff. June 18, 1999.
§ 54.885. 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.
Added by Acts 1999, 76th Leg., ch. 602, § 6, eff. June 18, 1999.
SUBCHAPTER N. CRIMINAL LAW MAGISTRATES IN BEXAR COUNTY
§ 54.901. APPOINTMENT. (a) The judges of the district courts of Bexar County that give preference to criminal cases, with the consent and approval of the Commissioners Court of Bexar 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 a majority of the judges described in Subsection (a).
(c) If the number of magistrates is less than the number of the appointing judges, each magistrate shall serve equally in the courts of those judges.
Added by Acts 1989, 71st Leg., ch. 1068, § 1, eff. Aug. 28, 1989.
§ 54.902. 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.
Added by Acts 1989, 71st Leg., ch. 1068, § 1, eff. Aug. 28, 1989.
§ 54.903. COMPENSATION. (a) A magistrate is entitled to the salary determined by the Commissioners Court of Bexar County.
(b) The magistrate's salary is paid from the county fund available for payment of officers' salaries.
Added by Acts 1989, 71st Leg., ch. 1068, § 1, eff. Aug. 28, 1989.
§ 54.904. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.
Added by Acts 1989, 71st Leg., ch. 1068, § 1, eff. Aug. 28, 1989.
§ 54.905. 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 the appointing judges.
Added by Acts 1989, 71st Leg., ch. 1068, § 1, eff. Aug. 28, 1989.
§ 54.906. PROCEEDING THAT MAY BE REFERRED. (a) A judge may refer to a magistrate any criminal case for proceedings involving:
(1) a bond forfeiture; (2) a pretrial motion; (3) a postconviction writ of habeas corpus; (4) an examining trial; (5) the issuance of search warrants; (6) the setting of bonds; (7) the arraignment of defendants; and (8) any other matter the judge considers necessary and proper, including a negotiated plea of guilty before the court.
(b) A magistrate may not preside over a trial on the merits, whether or not the trial is before a jury.
Added by Acts 1989, 71st Leg., ch. 1068, § 1, eff. Aug. 28, 1989.
§ 54.907. 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. The judge may issue a written order of referral or may read the order of referral into the minutes of the court.
(b) An order of referral may: (1) limit the powers of the magistrate and direct the magistrate 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 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) set forth general powers and limitations of authority of the magistrate applicable to any case referred.
Added by Acts 1989, 71st Leg., ch. 1068, § 1, eff. Aug. 28, 1989. Amended by Acts 1999, 76th Leg., ch. 59, § 1, eff. May 10, 1999.
§ 54.908. POWERS. 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 for a misdemeanor from a defendant charged with both misdemeanor and felony offenses; and
(14) do any act and take any measure necessary and proper for the efficient performance of the duties required by the order of referral.
Added by Acts 1989, 71st Leg., ch. 1068, § 1, eff. Aug. 28, 1989. Amended by Acts 2001, 77th Leg., ch. 680, § 1, eff. Sept. 1, 2001.
§ 54.909. COURT REPORTER. At the request of a party, the court shall provide a court reporter to record the proceedings before the magistrate.
Added by Acts 1989, 71st Leg., ch. 1068, § 1, eff. Aug. 28, 1989.
§ 54.910. 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.
Added by Acts 1989, 71st Leg., ch. 1068, § 1, eff. Aug. 28, 1989.
§ 54.911. 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.
Added by Acts 1989, 71st Leg., ch. 1068, § 1, eff. Aug. 28, 1989.
§ 54.912. 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.
Added by Acts 1989, 71st Leg., ch. 1068, § 1, eff. Aug. 28, 1989.
§ 54.913. COSTS OF MAGISTRATE. The court shall determine if the nonprevailing party is able to defray the costs of the magistrate. If the court determines that the nonprevailing party is able to pay those costs, the court shall tax the magistrate's fees as costs against the nonprevailing party.
Added by Acts 1989, 71st Leg., ch. 1068, § 1, eff. Aug. 28, 1989.
SUBCHAPTER O. PART-TIME JUVENILE LAW MASTERS IN BEXAR COUNTY
§ 54.921. APPOINTMENT. (a) The judge of the 289th District Court may determine that part-time masters are needed to serve the court.
(b) The judge shall issue an order reflecting that determination. (c) Subject to the determination of need and the approval of the number of part-time masters by the commissioners court of Bexar County, the judge may appoint the approved number of part-time masters.
(d) The number of part-time masters serving under this subchapter may not exceed six.
Added by Acts 1989, 71st Leg., ch. 686, § 1, eff. Sept. 1, 1989.
§ 54.922. QUALIFICATIONS. A master must: (1) be a citizen and resident of this state; and (2) have been licensed to practice law in this state for at least two years.
Added by Acts 1989, 71st Leg., ch. 686, § 1, eff. Sept. 1, 1989.
§ 54.923. ORDER OF APPOINTMENT. The order appointing a master must be entered in the minutes of the court and must state:
(1) the master's name and state bar identification number; and (2) the date the master's service is to begin.
Added by Acts 1989, 71st Leg., ch. 686, § 1, eff. Sept. 1, 1989.
§ 54.924. COMPENSATION. The commissioners court shall set the compensation for masters and determine the total amount the county will pay as compensation for masters. The commissioners court of Bexar County may at any time change the compensation or reduce the number of masters.
Added by Acts 1989, 71st Leg., ch. 686, § 1, eff. Sept. 1, 1989.
§ 54.925. JUDICIAL IMMUNITY. A master appointed under this subchapter has the same judicial immunity as a district judge.
Added by Acts 1989, 71st Leg., ch. 686, § 1, eff. Sept. 1, 1989.
§ 54.926. TERMINATION OF EMPLOYMENT. (a) A master serves at the will of the judge.
(b) To terminate a master's employment, the judge must sign a written order of termination. The order must state:
(1) the master's name and state bar identification number; and (2) the date the master's employment ends.
Added by Acts 1989, 71st Leg., ch. 686, § 1, eff. Sept. 1, 1989.
§ 54.927. CASES THAT MAY BE REFERRED. The judge may refer to a master any civil case or portion of a civil case brought:
(1) under Title 1, 2, 3, 4, or 5, Family Code; or (2) in connection with Rule 308a, Texas Rules of Civil Procedure
Added by Acts 1989, 71st Leg., ch. 686, § 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 165, § 7.36, eff. Sept. 1, 1997.
§ 54.928. METHOD OF REFERRAL. A case may be referred as prescribed by published local rules or by written orders.
Added by Acts 1989, 71st Leg., ch. 686, § 1, eff. Sept. 1, 1989.
§ 54.929. POWERS. (a) An order of referral may limit the use or power of a master.
(b) Unless limited by published local rule, by written order, or by an order of referral, a master may perform all acts and take all measures necessary and proper to perform the tasks assigned in a referral.
(c) A master may administer oaths.
Added by Acts 1989, 71st Leg., ch. 686, § 1, eff. Sept. 1, 1989.
§ 54.930. EFFECT OF TEMPORARY RESTRAINING ORDER. (a) The referral of a case or a portion of a case to a master does not affect a party's right to have a court grant or extend a temporary restraining order and does not prevent the expiration of a temporary restraining order.
(b) Until a judge signs an order concerning the findings and recommendations of a master, the findings and recommendations do not affect an existing temporary restraining order or the expiration or extension of that order.
Added by Acts 1989, 71st Leg., ch. 686, § 1, eff. Sept. 1, 1989.
§ 54.931. JURY. (a) Except as provided by Subsection (b), if a jury trial is demanded in a case referred to a master, the master shall refer the case back to the referring court for a full hearing according to the usual rules applicable to the case.
(b) A jury demand does not affect the authority of a master to handle pretrial matters referred to the master.
Added by Acts 1989, 71st Leg., ch. 686, § 1, eff. Sept. 1, 1989.
§ 54.932. COURT REPORTER. (a) A court reporter need not be provided during a hearing conducted by a master.
(b) Notwithstanding Subsection (a), a referring judge may require a reporter at any hearing.
Added by Acts 1989, 71st Leg., ch. 686, § 1, eff. Sept. 1, 1989.
§ 54.933. FAILURE TO COMPLY WITH SUMMONS OR ORDER. If an attorney, party, witness, or any other person fails to comply with a summons or order, the master may certify in writing that failure to the referring court for appropriate action.
Added by Acts 1989, 71st Leg., ch. 686, § 1, eff. Sept. 1, 1989.
§ 54.934. WITNESSES. (a) A witness appearing before a master is subject to the penalties of perjury as provided by Chapter 37, Penal Code.
(b) A witness referred to the court under Section 54.933 is subject to the same penalties and orders that may be imposed on a witness appearing in a hearing before the court.
Added by Acts 1989, 71st Leg., ch. 686, § 1, eff. Sept. 1, 1989.
§ 54.935. RETURN TO REFERRING COURT; FINDINGS. After a hearing is concluded, the master shall send to the referring judge all papers relating to the case and the written findings of the master.
Added by Acts 1989, 71st Leg., ch. 686, § 1, eff. Sept. 1, 1989.
§ 54.936. COURT ACTION ON REPORT. (a) After the court receives the master's report, the court may adopt, modify, correct, reject, or reverse the master's report or may recommit it for further information, as the court determines is proper and necessary in each case.
(b) If a judgment has been recommended, the court may approve the recommendation and hear more evidence before making its judgment.
Added by Acts 1989, 71st Leg., ch. 686, § 1, eff. Sept. 1, 1989.
§ 54.937. DECREE OR JUDGMENT. The findings and recommendation become the decree or judgment of the court when adopted and approved by an order of the judge.
Added by Acts 1989, 71st Leg., ch. 686, § 1, eff. Sept. 1, 1989.
§ 54.938. MASTERS IN CHANCERY. This subchapter does not prohibit a court from appointing a master in chancery as provided by Rule 171, Texas Rules of Civil Procedure.
Added by Acts 1989, 71st Leg., ch. 686, § 1, eff. Sept. 1, 1989.
§ 54.939. REFEREES. (a) A master appointed under this subchapter may serve as a referee as provided by Sections 51.04(g) and 54.10, Family Code.
(b) A referee appointed under Section 51.04(g), Family Code, may be appointed to serve as a master under this subchapter.
Added by Acts 1989, 71st Leg., ch. 686, § 1, eff. Sept. 1, 1989.
SUBCHAPTER P. WILLIAMSON COUNTY CRIMINAL MAGISTRATES
§ 54.951. APPOINTMENT. (a) The judges of the district courts and statutory county courts having criminal jurisdiction in Williamson County may, by a majority vote of the judges, select magistrates to serve the courts of Williamson County having jurisdiction in criminal matters.
(b) The commissioners court shall establish the minimum qualifications, salary, benefits, and other compensation of each magistrate position and shall determine whether the position is full-time or part-time.
(c) A magistrate appointed under this section serves at the pleasure of a majority of the judges making appointments under this section.
(d) Subject to commissioners court approval of a magistrate's total compensation, a magistrate may concurrently serve as an associate judge, referee, or master under another statute unless that statute prohibits holding another judicial position.
Added by Acts 1999, 76th Leg., ch. 586, § 1, eff. June 18, 1999.
§ 54.952. JURISDICTION. A magistrate has concurrent criminal jurisdiction with the judges of the statutory county courts and justice of the peace courts of Williamson County.
Added by Acts 1999, 76th Leg., ch. 586, § 1, eff. June 18, 1999.
§ 54.953. POWERS AND DUTIES. (a) Except as provided by Subsection (b), a magistrate has all of the powers of a magistrate under the Code of Criminal Procedure and other laws of this state and may administer an oath for any purpose.
(b) A magistrate who is not an attorney may not issue arrest and search warrants.
(c) A magistrate shall give preference to performing the duties of a magistrate under Article 15.17, Code of Criminal Procedure.
(d) A magistrate may enforce a prior judgment or order of a justice court in a criminal case. Except for a trial on the merits following a plea of not guilty, with the express authorization of the justice of the peace, a magistrate may exercise concurrent criminal jurisdiction with a justice of the peace to dispose as provided by law of cases arising within the precinct of the authorizing justice of the peace.
(e) The judges of the statutory county courts with criminal jurisdiction may, by majority vote, designate one or more magistrates to hold regular hearings to:
(1) give admonishments; (2) set and review bail and conditions of release; (3) appoint legal counsel; and (4) determine other routine matters relating to preindictment or pending cases within those courts' jurisdiction.
(f) In the hearings provided under Subsection (e), a magistrate shall give preference to the case of an individual held in county jail.
(g) A magistrate may inquire into a defendant's intended plea to the charge and set the case for an appropriate hearing before a judge or master. Except as provided by Subsection (d) or (h), a statement by a defendant under these circumstances concerning an intended plea may not be admitted into evidence in any other proceeding.
(h) The magistrate may accept the plea, direct a supervision officer to prepare a presentence report, and set the case for sentencing before a judge or master, if a defendant pleads guilty, nolo contendere, or true after being properly admonished by a magistrate who:
(1) is qualified to serve as judge of the court with jurisdiction over the case; and
(2) has been expressly authorized by the judge to accept those pleas.
Added by Acts 1999, 76th Leg., ch. 586, § 1, eff. June 18, 1999.
§ 54.954. MASTERS IN CRIMINAL CASES. (a) The judge of a statutory county court with criminal jurisdiction in Williamson County may designate a magistrate by written referral order to serve as a master in connection with a criminal case pending before the court. To serve as master, the magistrate must be qualified to serve as judge of the court.
(b) A magistrate appointed to serve as master may consider any referred matter pending before the court but may not conduct a trial on the merits following a plea of not guilty.
(c) The master may: (1) conduct hearings; (2) regulate proceedings in a hearing and certify acts of contempt to the referring court for sanctions;
(3) compel production of relevant evidence; (4) rule on admissibility of evidence; (5) issue summons and attachments for the appearance of witnesses; (6) swear witnesses for hearings; (7) examine witnesses; (8) hear evidence; (9) make findings of fact on evidence; (10) formulate conclusions of law; (11) recommend the rulings, orders, or judgment to be made in a case; and (12) do any act and take any measure necessary and proper for the efficient performance of the duties required by the order of referral.
(d) Except as provided by Subsection (c), a master may not issue a judgment or order but may only certify to the referring court the master's findings of fact, conclusions of law, and recommended judgment or order.
(e) Except as provided by Subsection (g), the defendant or the attorney representing the state may obtain de novo review by the referring court if the de novo review is requested in writing not later than the third day after the date on which notice of the recommended judgment or order is received by the requestor. A request for review must set out specifically complaints regarding the master's findings of fact, conclusions of law, and recommendations. Review is limited to the issues complained of by one or both parties.
(f) If no request for review is received, the referring court shall, not later than the 10th day after the date on which the parties receive notice of the recommendation, enter a judgment or order that approves, modifies, corrects, rejects, reverses, or recommits for further information the recommendation of the master. If no action is taken within that time, the recommendation is considered rejected and the court must reconsider the matter de novo as if the matter had not been referred.
(g) A plea bargaining agreement between the state and the defendant may provide that both parties waive the right to review or appeal a master's sentencing recommendation. The waiver must be signed by both parties and filed with the master. The defendant may withdraw the plea if the master rejects the agreement. The referring judge may reject the recommendation of the master and permit withdrawal of the plea or approve the agreement and immediately sign the recommended judgment and sentence.
Added by Acts 1999, 76th Leg., ch. 586, § 1, eff. June 18, 1999.
§ 54.955. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.
Added by Acts 1999, 76th Leg., ch. 586, § 1, eff. June 18, 1999.
§ 54.956. 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.
Added by Acts 1999, 76th Leg., ch. 586, § 1, eff. June 18, 1999.
§ 54.957. COURT REPORTER. At the request of a party, the court shall provide a court reporter to record proceedings before a magistrate that the party could require to be recorded if held before a judge.
Added by Acts 1999, 76th Leg., ch. 586, § 1, eff. June 18, 1999.
§ 54.958. COSTS OF MAGISTRATE. A court shall determine whether the nonprevailing party is able to defray the expense of the magistrate in each case in which the services of a magistrate are used. If the court determines the party can pay all or a portion of the expense, the court shall tax the expense as costs of court.
Added by Acts 1999, 76th Leg., ch. 586, § 1, eff. June 18, 1999.
§ 54.959. SHERIFF. On request of a magistrate, the sheriff, in person or by deputy, shall assist the magistrate.
Added by Acts 1999, 76th Leg., ch. 586, § 1, eff. June 18, 1999.
§ 54.960. CLERK. (a) The district clerk serves as the clerk for a magistrate for a case under the jurisdiction of a district court.
(b) The county clerk serves as the clerk for a magistrate for a case under the jurisdiction of a statutory county court.
(c) A clerk of a justice court serves as the clerk for a magistrate for a case under the jurisdiction of a justice court.
Added by Acts 1999, 76th Leg., ch. 586, § 1, eff. June 18, 1999.
§ 54.961. STAFF. The commissioners court shall provide a staff to perform clerical functions for the magistrates.
Added by Acts 1999, 76th Leg., ch. 586, § 1, eff. June 18, 1999.
SUBCHAPTER Q. CRIMINAL LAW MAGISTRATES IN TRAVIS COUNTY
§ 54.970. APPLICATION. This subchapter applies to the district courts and the county courts at law that give preference to criminal cases in Travis County.
Added by Acts 2003, 78th Leg., ch. 979, § 2, eff. Sept. 1, 2003.
§ 54.971. APPOINTMENT. (a) The Commissioners Court of Travis County shall set the number of magistrates needed to perform the duties authorized by this subchapter.
(b) The judges of the district courts subject to this subchapter shall, with the consent and approval of the Commissioners Court of Travis County, jointly appoint the magistrates that will assist the district courts. Each magistrate's appointment under this subsection must be made with the unanimous approval of the judges of the district courts subject to this subchapter.
(c) Except as provided by Subsection (e), if the number of magistrates is less than the number of the appointing judges, each magistrate shall serve equally in the courts of those judges.
(d) The judges of the county courts at law subject to this subchapter shall, with the consent and approval of the Commissioners Court of Travis County, jointly appoint the magistrates that will assist the county courts at law. Each magistrate's appointment under this subsection must be made with the unanimous approval of the judges of the county courts at law subject to this subchapter.
(e) In addition to the requirements of Subsection (b) or (d), a magistrate appointed to assist only one court must be approved by the judge of that court.
Added by Acts 1991, 72nd Leg., ch. 849, § 1, eff. Aug. 26, 1991. Amended by Acts 2003, 78th Leg., ch. 979, § 3, eff. Sept. 1, 2003.
§ 54.972. QUALIFICATIONS. A magistrate must: (1) be a resident of this state and of Travis County; and (2) have been licensed to practice law in this state for at least four years.
Added by Acts 1991, 72nd Leg., ch. 849, § 1, eff. Aug. 26, 1991.
§ 54.973. COMPENSATION. (a) A magistrate is entitled to the salary determined by the Commissioners Court of Travis County.
(b) The salary may not be less than the salary authorized to be paid to a master for family law cases appointed under Subchapter A, Chapter 201, Family Code, unless a lesser salary is recommended by the judges described by Section 54.971 and approved by the commissioners court.
(c) The magistrate's salary is paid from the county fund available for payment of officers' salaries.
Added by Acts 1991, 72nd Leg., ch. 849, § 1, eff. Aug. 26, 1991. Amended by Acts 1999, 76th Leg., ch. 861, § 1, eff. Sept. 1, 1999.
§ 54.974. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge or a judge of a county court at law, as applicable.
Added by Acts 1991, 72nd Leg., ch. 849, § 1, eff. Aug. 26, 1991. Amended by Acts 2003, 78th Leg., ch. 979, § 3, eff. Sept. 1, 2003.
§ 54.975. 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 the appointing judges.
Added by Acts 1991, 72nd Leg., ch. 849, § 1, eff. Aug. 26, 1991.
§ 54.976. PROCEEDINGS THAT MAY BE REFERRED. (a) A judge may refer to a magistrate any criminal case for proceedings involving:
(1) a negotiated plea of guilty or no contest and sentencing; (2) a pretrial motion; (3) an examining trial; (4) a postconviction writ of habeas corpus; (5) a bond forfeiture suit; (6) issuance of search warrants; (7) setting of bonds; (8) arraignment of defendants; (9) a motion to increase or decrease a bond; (10) a motion to revoke community supervision or to proceed to an adjudication;
(11) an issue of competency, with or without a jury; and (12) any other matter the judge considers necessary and proper. (b) A magistrate may not preside over a contested criminal trial on the merits, regardless of whether the trial is before a jury.
(c) A judge may refer to a magistrate any proceeding involving an application for a protective order under Title 4, Family Code, or Section 17.292, Code of Criminal Procedure.
Added by Acts 1991, 72nd Leg., ch. 849, § 1, eff. Aug. 26, 1991. Amended by Acts 1993, 73rd Leg., ch. 413, § 3, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 979, § 3, eff. Sept. 1, 2003.
§ 54.977. 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 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 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) set forth general powers and limitations of authority of the magistrate applicable to any case referred.
Added by Acts 1991, 72nd Leg., ch. 849, § 1, eff. Aug. 26, 1991.
§ 54.978. 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 pretrial motions; (11) recommend the rulings, orders, or judgment to be made in a case; (12) regulate proceedings in a hearing; (13) in any case referred under Section 54.976(a)(1): (A) accept a negotiated plea of guilty; (B) enter a finding of guilt and impose or suspend sentence; or (C) defer adjudication of guilty; and (14) do 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 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 magistrate may make findings, conclusions, and recommendations on those issues.
Added by Acts 1991, 72nd Leg., ch. 849, § 1, eff. Aug. 26, 1991.
§ 54.979. RECORD OF PROCEEDINGS. At the request of a party the court shall provide that the proceedings before the magistrate be recorded.
Added by Acts 1991, 72nd Leg., ch. 849, § 1, eff. Aug. 26, 1991.
§ 54.980. 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.
Added by Acts 1991, 72nd Leg., ch. 849, § 1, eff. Aug. 26, 1991.
§ 54.981. PAPERS TRANSMITTED TO THE JUDGE. (a) 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.
(b) A party has seven days after the date of the magistrate's ruling to tender to the referring court any objections to the magistrate's ruling on pretrial matters. The referring court shall consider any objections before taking final action.
Added by Acts 1991, 72nd Leg., ch. 849, § 1, eff. Aug. 26, 1991.
§ 54.982. 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.
Added by Acts 1991, 72nd Leg., ch. 849, § 1, eff. Aug. 26, 1991.
§ 54.983. COSTS OF MAGISTRATE. The court shall determine if the nonprevailing party is able to defray the costs of the magistrate. If the court determines that the nonprevailing party is able to pay those costs, the court shall tax the magistrate's fees as cost against the nonprevailing party.
Added by Acts 1991, 72nd Leg., ch. 849, § 1, eff. Aug. 26, 1991.
§ 54.984. CRIMINAL LAW MAGISTRATES. (a) If a criminal law magistrate appointed under this subchapter is absent or unable to serve, the judge referring the case may appoint another criminal law magistrate to serve for the absent magistrate.
(b) A criminal law magistrate serving for another magistrate under this section has the powers and shall perform the duties of the magistrate for whom he is serving.
Added by Acts 1991, 72nd Leg., ch. 849, § 1, eff. Aug. 26, 1991.
SUBCHAPTER R. CRIMINAL LAW MAGISTRATES IN WEBB COUNTY
§ 54.991. APPOINTMENT. (a) The judges of the district courts in Webb County shall jointly appoint the number of criminal law magistrates set by the commissioners court.
(b) Each magistrate's appointment must be unanimously approved by the judges.
Added by Acts 1993, 73rd Leg., ch. 577, § 1, eff. Aug. 30, 1993.
§ 54.992. QUALIFICATIONS. A magistrate must be a resident of this state and Webb County.
Added by Acts 1993, 73rd Leg., ch. 577, § 1, eff. Aug. 30, 1993.
§ 54.993. COMPENSATION. A magistrate is entitled to the salary determined by the commissioners court.
Added by Acts 1993, 73rd Leg., ch. 577, § 1, eff. Aug. 30, 1993.
§ 54.994. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.
Added by Acts 1993, 73rd Leg., ch. 577, § 1, eff. Aug. 30, 1993.
§ 54.995. ORDER OF REFERRAL. (a) To refer one or more criminal cases to a magistrate, a judge must issue an order specifying the magistrate's duties.
(b) An order of referral may set forth general powers and limitations of authority of the magistrate that apply to any case referred.
Added by Acts 1993, 73rd Leg., ch. 577, § 1, eff. Aug. 30, 1993.
§ 54.996. POWERS. (a) A judge may refer to a magistrate any criminal case for proceedings involving:
(1) issuance of search warrants; (2) setting of bonds; (3) arraignment of defendants; and (4) any other matter that is subject to the review of the judge. (b) A magistrate may not preside over a contested trial on the merits, regardless of whether the trial is before a jury.
Added by Acts 1993, 73rd Leg., ch. 577, § 1, eff. Aug. 30, 1993.
§ 54.997. RETURN TO REFERRING COURT; FINDINGS. After a hearing is concluded, the magistrate shall send to the referring court any papers related to the case, including the magistrate's findings, conclusions, orders, recommendations, or other action taken.
Added by Acts 1993, 73rd Leg., ch. 577, § 1, eff. Aug. 30, 1993.
§ 54.998. 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.
Added by Acts 1993, 73rd Leg., ch. 577, § 1, eff. Aug. 30, 1993.
SUBCHAPTER S. CIVIL, JUVENILE, AND CRIMINAL LAW ASSOCIATE JUDGES IN FORT BEND COUNTY
§ 54.1001. APPOINTMENT. (a) A majority of the judges of the district courts and the statutory county courts at law in Fort Bend County may determine that one or more full-time or part-time associate judges are needed to serve those courts.
(b) The judges shall issue an order reflecting that determination and specifying the number of associate judges and support staff needed.
(c) Subject to the determination of need by the district courts and statutory county courts at law and the approval of the commissioners court of the county, each judge may appoint one or more associate judges and support staff to serve the judge's court.
(d) Judges may act together to appoint associate judges to serve their courts.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1002. QUALIFICATIONS. To be eligible for appointment as an associate judge, 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.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1003. ORDER OF APPOINTMENT. The order appointing an associate judge must be entered in the minutes of each court making the order and must state:
(1) the associate judge's name and state bar identification number; (2) the name of each court the associate judge will serve; and (3) the date the associate judge's service is to begin.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1004. COMPENSATION. The commissioners court shall set the compensation for associate judges and support staff and determine the total amount the county will pay as compensation for associate judges and support staff.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1005. JUDICIAL IMMUNITY. An associate judge appointed under this subchapter has the same judicial immunity as the district court and statutory county court at law judges.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1006. TERMINATION OF EMPLOYMENT. (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 two courts may be terminated by either of the judges of those courts.
(c) The employment of an associate judge who serves more than two courts may be terminated by a majority of the judges of those courts.
(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) the name of the court ordering the termination; and (3) the date the associate judge's services end.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1007. WITHDRAWAL OF APPOINTMENT FOR PARTICULAR COURT. The judge of a court for which an associate judge has been appointed may withdraw the associate judge's appointment to that court by written order. The order must state:
(1) the associate judge's name and state bar identification number; (2) the name of the court ordering the withdrawal; and (3) the date the associate judge's services end as to that court.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1008. PROCEEDINGS THAT MAY BE REFERRED. (a) A judge may refer to an associate judge any criminal case for proceedings 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; and (6) any other matter the judge considers necessary and proper. (b) An associate judge may not preside over a trial on the merits, whether or not the trial is before a jury.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1009. CASES THAT MAY BE REFERRED. (a) A judge may refer to an associate judge any juvenile, probate, or civil case or portion of one of those cases brought:
(1) under Title 1, 2, 3, 4, or 5, Family Code; (2) in connection with Rule 308a, Texas Rules of Civil Procedure; (3) in connection with Title 7, Health and Safety Code; or (4) under the civil jurisdiction of the appointing court. (b) An associate judge may not preside over a trial on the merits, whether or not the trial is before a jury.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1010. METHOD OF REFERRAL. A case may be referred as prescribed by published local rules or by written orders.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1011. DUTIES AND 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 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; and (13) do any act and take any measure 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 or civil case, but the associate judge may make findings, conclusions, and recommendations on those issues.
(c) An order of referral may limit the use or power of an associate judge. (d) Unless limited by published local rule, by written order, or by an order of referral, an associate judge may perform all acts and take all measures necessary and proper to perform the tasks assigned in a referral.
(e) An associate judge may administer oaths. (f) An associate judge has the jurisdiction provided by the constitution and laws of this state for magistrates and is a magistrate as defined by Article 2.09, Code of Criminal Procedure.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1012. JURY. (a) Except as provided by Subsection (b), if a jury trial is demanded in a case referred to an associate judge, the associate judge shall refer the case back to the referring court for a full hearing according to the usual rules applicable to the case.
(b) A jury demand does not affect the authority of an associate judge to handle pretrial matters referred to the associate judge.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1013. COURT REPORTER. (a) A court reporter need not be provided during a hearing conducted by an associate judge.
(b) Notwithstanding Subsection (a), a referring judge may require a reporter at any hearing.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1014. FAILURE TO COMPLY WITH SUMMONS OR OATH. If an attorney, party, witness, or any other person fails to comply with a summons or order, the associate judge may certify in writing that failure to the referring court for appropriate action.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1015. PERJURY. (a) A witness appearing before an associate judge is subject to the penalties of perjury as provided by Chapter 37, Penal Code.
(b) A witness referred to the court under Section 54.1014 is subject to the same penalties and orders that may be imposed on a witness appearing in a hearing before the court.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1016. RETURN TO REFERRING COURT; FINDINGS. 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.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1017. NOTICE OF RIGHT TO APPEAL. (a) Notice of right to appeal to the judge of the referring court shall be given to all parties.
(b) The notice may be given: (1) by oral statement in open court; or (2) by posting inside or outside the courtroom of the referring court.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1018. APPEAL TO REFERRING COURT. (a) A party may appeal an associate judge's report by filing a notice of appeal not later than the sixth day after the date the associate judge submits his report to the referring court under Section 54.1016.
(b) An appeal to the referring court must be filed with the court clerk and must specify in writing the findings of the associate judge to which the party objects.
(c) Notice of an appeal to the referring court shall be given to all opposing parties or their counsel under Rule 21a, Texas Rules of Civil Procedure.
(d) If an appeal to the referring court is filed by a party, any other party may file a response to the appeal not later than the seventh day after the date the initial appeal was filed.
(e) The referring court, after notice to the parties, may conduct a hearing de novo on the issues raised in the appeal not later than the 30th day after the date on which the initial appeal was filed with the referring court.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1019. COURT ACTION ON REPORT. (a) After the court receives the associate judge's report, or in the case of an appeal under Section 54.1018, after the court has decided the appeal, the court may adopt, modify, correct, reject, or reverse the associate judge's report or may recommit it for further information, as the court determines to be proper and necessary in each case.
(b) If a judgment has been recommended, the court may approve the recommendation and hear more evidence before making its judgment.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1020. DECREE OR JUDGMENT. The finding and recommendations become the decree or judgment of the court when adopted and approved by an order of the judge.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1021. MASTER IN CHANCERY. This subchapter does not prohibit a court from appointing a master in chancery as provided by Rule 171, Texas Rules of Civil Procedure.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
§ 54.1022. REFEREES. (a) An associate judge appointed under this subchapter may serve as a referee as provided by Sections 51.04(g) and 54.10, Family Code.
(b) A referee appointed under Section 51.04(g), Family Code, may be appointed to serve as an associate judge under this subchapter.
(c) An associate judge appointed under this subchapter may serve as a master as provided by Section 574.0085, Health and Safety Code.
Added by Acts 1997, 75th Leg., ch. 42, § 1, eff. May 7, 1997.
SUBCHAPTER T. CIVIL LAW ASSOCIATE JUDGES IN BEXAR COUNTY
§ 54.1051. APPOINTMENT. (a) The judges of the district courts in Bexar County may appoint a full-time or part-time associate judge to hear any civil matter within the jurisdiction of the district court.
(b) An associate judge may be appointed to serve more than one court with the approval of the judge of each court to which the associate judge is appointed to serve.
(c) An associate judge appointed under Section 201.001, Family Code, may also be appointed under this section at the same rate of compensation received for appointment under the Family Code.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
§ 54.1052. QUALIFICATIONS. An associate judge must have the same qualifications as required for a judge of a district court in Bexar County.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
§ 54.1053. ORDER OF APPOINTMENT. The order appointing an associate judge must be entered in the minutes of the district court.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
§ 54.1054. COMPENSATION. An associate judge shall be paid a salary as determined by the Commissioners Court of Bexar County.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
§ 54.1055. JUDICIAL IMMUNITY. An associate judge appointed under this subchapter has the same judicial immunity as a district judge.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
§ 54.1056. TERMINATION OF EMPLOYMENT. (a) An associate judge who serves only one court serves at the will of the judge of that court.
(b) The employment of an associate judge who serves two courts may be terminated by the judge of either of the courts served.
(c) The employment of an associate judge who serves more than two courts may be terminated by a majority of the judges of the courts served.
(d) A judge seeking to terminate an associate judge's employment must sign a written order of termination.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
§ 54.1057. CASES THAT MAY BE REFERRED. (a) A judge of a district court served by an associate judge appointed under this subchapter may refer to the associate judge a civil case or part of a civil case brought under the civil jurisdiction of the district court.
(b) An associate judge may preside over a trial on the merits, regardless of whether the trial is before a jury.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
§ 54.1058. OBJECTION TO APPOINTMENT. (a) Unless a party files a written objection, the judge of a district court may refer a trial on the merits to an associate judge.
(b) If a party files 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 case, the court shall assign the matter for trial without referring the case to an associate judge.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
§ 54.1059. METHOD OF REFERRAL. A case may be referred to an associate judge as provided by published local rules or by written orders.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
§ 54.1060. DUTIES AND 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 the production of relevant evidence; (4) rule on the 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) order the attachment of a witness or party who fails to obey a subpoena;
(14) order the detention of a witness or party found guilty of contempt pending the approval of the district judge;
(15) administer an oath; (16) handle pretrial matters for cases to be tried by the district court judge; and
(17) take any action within the authority of a district judge necessary and proper for the performance of the associate judge's duties.
(b) An order of referral may limit the use or power of an associate judge.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
§ 54.1061. JURY. An associate judge shall conduct a full hearing according to the usual rules applicable to a jury trial if a jury is demanded in a case referred to an associate judge.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
§ 54.1062. COURT REPORTER. (a) A referring judge may require a reporter at any hearing.
(b) A court reporter must be provided when an associate judge presides over a jury or nonjury trial on the merits.
(c) On appeal from an associate judge's report on proposed orders, the referring court may consider testimony or other evidence in the record.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
§ 54.1063. FAILURE TO COMPLY WITH SUMMONS OR OATH. If an attorney, party, witness, or other person fails to comply with a summons or order, an associate judge may certify that failure in writing to the referring district court for appropriate action.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
§ 54.1064. PERJURY. (a) A witness appearing before an associate judge is subject to the penalties of perjury as provided by Chapter 37, Penal Code.
(b) A witness referred to a court under Section 54.1063 is subject to the same penalties and orders that may be imposed on a witness appearing in a hearing before the district court.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
§ 54.1065. REPORT. (a) 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.
(b) The associate judge's report must be in writing and in the form prescribed by the referring court. The form may be a notation on the court's docket sheet or in the court's jacket.
(c) After a hearing, an associate judge shall notify the parties participating in the hearing of the substance of the judge's report. The notice may be given in the form of a proposed order.
(d) Notice required under Subsection (c) may be given: (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. (e) An associate judge shall note in the record the date of a mailing by certified mail under Subsection (d)(2). Notice is considered given on the third day after the date of the mailing.
(f) After a hearing conducted by an associate judge, the associate judge shall send the signed and dated report, including any proposed order, and all other papers relating to the case to the referring court.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
§ 54.1066. NOTICE OF RIGHT TO APPEAL. (a) Each party must be given notice of the right to appeal to the judge of the referring court. The notice may be given:
(1) by an oral statement in open court; (2) by a posting inside or outside the referring court; or (3) as otherwise prescribed by the referring court. (b) Before the commencement of a hearing before the associate judge, a party may waive the right to appeal to the referring court in writing or on the record.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
§ 54.1067. ORDER OF COURT. (a) Pending appeal to the referring court of the associate judge's report, including any proposed order, the decisions and recommendations of the associate judge are in full force and effect and are enforceable as an order of the referring court, except for orders providing for the appointment of a receiver.
(b) If an appeal to the referring court is not filed or the right to an appeal to the court is waived, the findings and recommendations of the associate judge become the order of the court only on the court's signing of an order conforming to the associate judge's report.
(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 date the witness or party is detained or incarcerated. The referring court, without prejudice to the right of appeal, may approve the temporary detention or incarceration or may order the release of the party or witness, with or without bond, pending appeal. 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 appeal or may continue the person's detention or incarceration for not more than 72 hours.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
§ 54.1068. APPEAL TO REFERRING COURT. (a) A party may appeal an associate judge's report by filing a notice of appeal not later than the third day after the date the party is given notice of the associate judge's report under Section 54.1065, unless the party has waived the party's right to appeal as provided by Section 54.1066(b).
(b) An appeal to the referring court must specify in writing the findings of the associate judge to which the party objects. The appeal is limited to the specified findings and conclusions.
(c) On appeal to the referring court, the parties may present witnesses as in a hearing de novo on the issues raised in the appeal. The 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 an appeal to the referring court must be given to each opposing party or their counsel under Rule 21a, Texas Rules of Civil Procedure.
(e) If an appeal to the referring court is filed by a party, any other party may file an appeal to the referring court not later than the seventh day after the date the initial appeal was filed.
(f) The referring court, after giving notice to each party, shall conduct a hearing on each appeal not later than the 30th day after the date the initial appeal was filed with the court.
(g) Denial of an appeal under this section or waiver of the right to appeal to 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.
(h) A party may not demand a second jury on appeal of an associate judge's report, including any proposed order, resulting from a jury trial.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
§ 54.1069. APPELLATE REVIEW. (a) Failure to appeal to the referring court, by waiver or otherwise, the approval by the referring court of an associate judge's report does not deprive a party of the right to appeal to or request other relief from a court of appeals or the supreme court.
(b) The date that an order or judgment by the referring court is signed is the controlling date for purposes of appealing to or requesting other relief from a court of appeals or the supreme court.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
§ 54.1070. JUDICIAL ACTION ON ASSOCIATE JUDGE'S REPORT. Unless a party files a written notice of appeal, the referring court may:
(1) adopt, modify, or reject the associate judge's report, including any proposed order;
(2) hear additional evidence; or (3) recommit the matter to the associate judge for further proceedings.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
§ 54.1071. REFEREES. (a) An associate judge appointed under this subchapter may serve as a referee as provided by Section 51.04(g) or 54.10, Family Code.
(b) An associate judge appointed under this subchapter may serve as a master as provided by Section 574.0085, Health and Safety Code.
Added by Acts 2001, 77th Leg., ch. 570, § 1, eff. Sept. 1, 2001.
SUBCHAPTER U. MAGISTRATES IN BRAZOS COUNTY
§ 54.1101. APPOINTMENT. (a) The judges of the district courts and county courts at law in Brazos County, with the consent and approval of the Commissioners Court of Brazos County, may jointly appoint one or more magistrates to perform the duties authorized by this subchapter.
(b) The judges may authorize one or more magistrates to share service with more than one court.
(c) If a magistrate serves more than one court, the magistrate's appointment must be made with the unanimous approval of all the judges under whom the magistrate serves.
Added by Acts 2001, 77th Leg., ch. 954, § 1, eff. June 14, 2001. Renumbered from V.T.C.A., Government Code § 54.1041 by Acts 2003, 78th Leg., ch. 1275, § 2(56), eff. Sept. 1, 2003.
§ 54.1102. QUALIFICATIONS. To be eligible for appointment as a magistrate, a person must:
(1) have resided in Brazos County for at least two years preceding the person's appointment; and
(2) have been licensed to practice law in this state for at least four years.
Added by Acts 2001, 77th Leg., ch. 954, § 1, eff. June 14, 2001. Renumbered from V.T.C.A., Government Code § 54.1042 by Acts 2003, 78th Leg., ch. 1275, § 2(56), eff. Sept. 1, 2003.
§ 54.1103. COMPENSATION. (a) A magistrate is entitled to the salary determined by the Commissioners Court of Brazos County.
(b) A magistrate's total compensation from all government sources may not exceed an amount equal to $1,000 less than the total compensation from all government sources paid to a judge of a county court at law in Brazos County.
(c) The magistrate's salary is paid from the county fund available for payment of officers' salaries.
Added by Acts 2001, 77th Leg., ch. 954, § 1, eff. June 14, 2001. Renumbered from V.T.C.A., Government Code § 54.1043 by Acts 2003, 78th Leg., ch. 1275, § 2(56), eff. Sept. 1, 2003.
§ 54.1104. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.
Added by Acts 2001, 77th Leg., ch. 954, § 1, eff. June 14, 2001. Renumbered from V.T.C.A., Government Code § 54.1044 by Acts 2003, 78th Leg., ch. 1275, § 2(56), eff. Sept. 1, 2003.
§ 54.1105. TERMINATION OF EMPLOYMENT. (a) A magistrate who serves a single court serves at the will of the judge of that court.
(b) A magistrate who serves more than one court may be terminated by a majority of the judges of those courts.
(c) To terminate a magistrate's employment, the appropriate judges must sign a written order of termination. The order must state:
(1) the magistrate's name and state bar identification number; (2) each court ordering termination; and (3) the date the magistrate's employment ends.
Added by Acts 2001, 77th Leg., ch. 954, § 1, eff. June 14, 2001. Renumbered from V.T.C.A., Government Code § 54.1045 by Acts 2003, 78th Leg., ch. 1275, § 2(56), eff. Sept. 1, 2003.
§ 54.1106. PROCEEDINGS THAT MAY BE REFERRED. (a) A judge of a court authorized by the Commissioners Court of Brazos County to refer criminal cases may refer to a magistrate any criminal case for proceedings involving:
(1) a bond forfeiture; (2) the arraignment of defendants; (3) a determination of whether a defendant is indigent and, if so, the appointment of counsel for the defendant;
(4) a negotiated plea of guilty or no contest and sentencing; (5) a pretrial motion; (6) an examining trial; (7) an application for a writ of habeas corpus; (8) issuance of an arrest warrant or a search warrant; (9) setting of bonds; (10) a motion to increase or decrease a bond; (11) a motion to proceed with adjudication; (12) a motion to modify or revoke community supervision; (13) a drug court proceeding; (14) an occupational driver's license; or (15) any other matter the judge considers necessary and proper. (b) A judge of a court having family law jurisdiction may refer to a magistrate any matter that may be referred to an associate judge under Subchapter A, Chapter 201, Family Code, or a referee under Title 3, Family Code.
(c) A judge of a court authorized by the Commissioners Court of Brazos County to refer mental health cases may refer to a magistrate any matter that may be referred to a magistrate or referee under Subtitle C, Title 7, Health and Safety Code.
(c-1) A judge of a court with jurisdiction over a delinquent tax suit may refer to a magistrate any matter that may be referred to a tax master under Subtitle E, Title 1, Tax Code.
(d) A magistrate may not preside over a trial on the merits before a jury. With the written consent of the parties and the approval of the referring judge, a magistrate may preside over a bench trial on the merits.
Added by Acts 2001, 77th Leg., ch. 954, § 1, eff. June 14, 2001. Renumbered from V.T.C.A., Government Code § 54.1046 by Acts 2003, 78th Leg., ch. 1275, § 2(56), eff. Sept. 1, 2003. Amended by Acts 2005, 79th Leg., ch. 1331, § 2, eff. Sept. 1, 2005.
§ 54.1107. 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 shall: (1) limit the powers of the magistrate and direct the magistrate to report only on specific issues, perform particular actions, 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 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) designate the general powers and limitations of authority of the magistrate applicable to any case referred.
Added by Acts 2001, 77th Leg., ch. 954, § 1, eff. June 14, 2001. Renumbered from V.T.C.A., Government Code § 54.1047 by Acts 2003, 78th Leg., ch. 1275, § 2(56), eff. Sept. 1, 2003.
§ 54.1108. POWERS. 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 evidence; (4) rule on admissibility of evidence; (5) issue notices of the setting of a case for a hearing; (6) issue summons for the appearance of witnesses; (7) examine witnesses; and (8) swear witnesses for hearings.
Added by Acts 2001, 77th Leg., ch. 954, § 1, eff. June 14, 2001. Renumbered from V.T.C.A., Government Code § 54.1408 by Acts 2003, 78th Leg., ch. 1275, § 2(56), eff. Sept. 1, 2003.
§ 54.1109. NOTICE OF HEARING. Before a magistrate holds a hearing, each party shall be given notice of the time and place of the hearing as provided by law.
Added by Acts 2001, 77th Leg., ch. 954, § 1, eff. June 14, 2001. Renumbered from V.T.C.A., Government Code § 54.1049 by Acts 2003, 78th Leg., ch. 1275, § 2(56), eff. Sept. 1, 2003.
§ 54.1110. WITNESSES. (a) A witness who appears before a magistrate and is sworn is subject to the penalties for perjury as 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.
Added by Acts 2001, 77th Leg., ch. 954, § 1, eff. June 14, 2001. Renumbered from V.T.C.A., Government Code § 54.1050 by Acts 2003, 78th Leg., ch. 1275, § 2(56), eff. Sept. 1, 2003.
§ 54.1111. RECORD OF EVIDENCE. (a) A court reporter is not required during a hearing held by a magistrate.
(b) A party, the magistrate, or the referring court may provide for a reporter during the hearing.
(c) The record of a hearing before a magistrate may be preserved by any means approved by the referring court, including by stenographic or electronic recording.
(d) The referring court or magistrate may impose on a party the expense of preserving the record as a court cost.
Added by Acts 2001, 77th Leg., ch. 954, § 1, eff. June 14, 2001. Renumbered from V.T.C.A., Government Code § 54.1051 by Acts 2003, 78th Leg., ch. 1275, § 2(56), eff. Sept. 1, 2003.
§ 54.1112. REPORT AND PAPERS TRANSMITTED TO JUDGE. At the conclusion of the proceedings, a magistrate shall send to the referring court:
(1) the magistrate's signed and dated report, including the orders, recommendations, or other action taken; and
(2) any papers relating to the case.
Added by Acts 2001, 77th Leg., ch. 954, § 1, eff. June 14, 2001. Renumbered from V.T.C.A., Government Code § 54.1052 by Acts 2003, 78th Leg., ch. 1275, § 2(56), eff. Sept. 1, 2003.
§ 54.1113. HEARING BEFORE JUDGE. (a) After receiving notice of the magistrate's orders, recommendations, or other action taken, any party, principal, or minor, or the parent, guardian, or custodian of a minor, is entitled to a hearing before the judge of the referring court.
(b) Notice of the right to a hearing before the judge may be given at the hearing before the magistrate or otherwise as the referring court directs.
(c) Except as provided by other law requiring a party to file a request for a hearing sooner, a party must file a request for hearing with the referring court not later than the fifth day after the date the magistrate signs the report under Section 54.1112. The appeal to the referring court must specify the orders of or recommendations or other actions taken by the magistrate to which the party objects. The appeal is limited to the orders, recommendations, or other actions taken which are specified in the appeal.
Added by Acts 2001, 77th Leg., ch. 954, § 1, eff. June 14, 2001. Renumbered from V.T.C.A., Government Code § 54.1053 and amended by Acts 2003, 78th Leg., ch. 1275, § 2(56), 3(26), eff. Sept. 1, 2003.
§ 54.1114. EFFECT OF MAGISTRATE'S REPORT PENDING APPEAL. Pending appeal of the magistrate's report to the referring court, the decisions and recommendations of the magistrate's report have the force and effect of, and are enforceable as, an order of the referring court, except as provided by other law for a particular action by the magistrate.
Added by Acts 2001, 77th Leg., ch. 954, § 1, eff. June 14, 2001. Renumbered from V.T.C.A., Government Code § 54.1054 by Acts 2003, 78th Leg., ch. 1275, § 2(56), eff. Sept. 1, 2003.
§ 54.1115. JUDICIAL ACTION. (a) The referring court may modify, correct, reject, reverse, or recommit for further proceedings any action taken by the magistrate.
(b) If the referring court does not take any action, the actions of the magistrate become the decree of the referring court on adoption by that court.
Added by Acts 2001, 77th Leg., ch. 954, § 1, eff. June 14, 2001. Renumbered from V.T.C.A., Government Code § 54.1055 by Acts 2003, 78th Leg., ch. 1275, § 2(56), eff. Sept. 1, 2003.
§ 54.1116. COSTS OF MAGISTRATE. (a) The court shall determine if the nonprevailing party is able to defray the costs of the magistrate. If the court determines that the nonprevailing party is able to pay those costs, the court shall impose the magistrate's fees as costs against the nonprevailing party.
(b) The Commissioners Court of Brazos County shall set the amount of the magistrate's fees that may be imposed as costs. Unless a higher fee is authorized by law for a particular action taken by the magistrate, the magistrate's fees in a case may not exceed $50.
(c) The clerk of the referring court shall collect the magistrate's fees and deposit the fees in the county treasury.
Added by Acts 2001, 77th Leg., ch. 954, § 1, eff. June 14, 2001. Renumbered from V.T.C.A., Government Code § 54.1056 by Acts 2003, 78th Leg., ch. 1275, § 2(56), eff. Sept. 1, 2003.
SUBCHAPTER V. ASSOCIATE JUDGES IN DUVAL COUNTY
§ 54.1131. APPOINTMENT. The judge of the 229th District Court, with the approval of the Commissioners Court of Duval County, may appoint a full-time or a part-time associate judge to perform the duties authorized by this subchapter.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
§ 54.1132. QUALIFICATIONS. To be eligible for appointment as an associate judge, a person must:
(1) be a resident of this state and Duval County; and (2) meet the requirements and qualifications to serve as a judge of the court to which the person is appointed.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
§ 54.1133. COMPENSATION. (a) An associate judge is entitled to the compensation set by the Duval County Commissioners Court.
(b) The salary shall be paid from the county fund available for payments of officers' salaries.
(c) This section does not apply to an associate judge appointed under Section 201.001, Family Code.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
§ 54.1134. PRIVATE PRACTICE. A part-time associate judge may engage in the private practice of law, unless restricted on a finding that it is not in the public interest by the appointing judge.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
§ 54.1135. TERMINATION OF SERVICES. (a) An associate judge serves at the will of the judge of the 229th District Court.
(b) This section does not apply to an associate judge appointed under Section 201.001, Family Code.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
§ 54.1136. REFERRAL OF CASE. (a) The appointing judge may refer to an associate judge any aspect of a civil or criminal case involving a matter over which the referring court has jurisdiction in Duval County.
(b) After notice to all parties of the time and place of hearing, an associate judge may preside over any hearing, including:
(1) for a civil case, proceedings involving: (A) a temporary order in an action or suit for support by one spouse against another;
(B) a motion or suit to modify a temporary or final order; (C) temporary orders in a suit affecting the parent-child relationship; (D) an application for a temporary injunction related to temporary possession or use of property;
(E) habeas corpus, including any hearing authorized by the Family Code; (F) a motion to transfer; (G) a motion of contempt for failure or refusal to obey a temporary or final order;
(H) an action brought under Chapter 159, Family Code; (I) an action for the protection of the family; (J) a matter on which the parties agree; (K) a matter in which a party is entitled to a default judgment; (L) a divorce action in which a waiver of citation is on file; (M) a friendly suit; and (N) any other matter in the jurisdiction of the court, including a pretrial motion, discovery, summary judgment, and other matters governed by the Texas Rules of Civil Procedure; and
(2) for a criminal case, proceedings involving: (A) a negotiated plea of guilty or nolo contendere; (B) a bond forfeiture; (C) a pretrial motion; (D) a postconviction writ of habeas corpus; (E) an examining trial; and (F) any other matter that the judge considers proper. (c) A judge may not refer to an associate judge any criminal case for trial on the merits in which a jury trial has been requested.
(d) Unless a party files a written objection to the associate judge hearing the trial, the appointing judge may refer to an associate judge a trial on the merits. If an objection is filed, the trial on the merits shall be heard by the referring court.
(e) A trial on the merits is a final adjudication from which an appeal may be taken to a court of appeals.
(f) An associate judge may not conduct a contested trial on the merits to terminate parental rights unless the affected parties give written consent to the contested trial by the associate judge. Unless written consent is given by the affected parties to a contested trial on the merits, any order terminating parental rights issued pursuant to an associate judge's report resulting from the contested trial is void.
(g) On appointment of an associate judge, any pending or future cases may be referred to the associate judge.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
§ 54.1137. ORDER OF REFERRAL. (a) To refer cases to an associate judge, the referring court must issue an order of referral.
(b) The order of referral may limit the power or duties of an associate judge.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
§ 54.1138. POWERS. 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 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) recommend the judgment to be made in a case; (11) regulate all proceedings in a hearing before the associate judge; (12) rule on all criminal pretrial motions; and (13) perform any act and take any measure necessary and proper for the efficient performance of the associate judge's duties.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
§ 54.1139. ATTENDANCE OF BAILIFF. A bailiff shall attend a hearing held by an associate judge if directed by the referring court.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
§ 54.1140. 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 before an associate judge after being summoned or whose refusal to answer questions has been certified to the court.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
§ 54.1141. REPORT TRANSMITTED TO COURT; NOTICE. (a) At the conclusion of any hearing conducted by an associate judge and on the preparation of an associate judge's report, the associate judge shall transmit to the referring court:
(1) all papers relating to the case; and (2) the associate judge's signed and dated report. (b) After the associate judge's report has been signed, the associate judge shall give notice of the substance of the report to the parties participating in the hearing.
(c) The associate judge's report may contain the associate judge's finding, conclusions, or recommendations. The associate judge's report must be in writing in a form as the referring court may direct. The form may be a notation on the referring court's docket sheet.
(d) The notice required under Subsection (b) may be given in open court or may be given by certified mail, return receipt requested. If the notice is given by certified mail, the associate judge shall certify the date of mailing and the notice is considered to have been given on the third day after the date of mailing.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
§ 54.1142. NOTICE OF RIGHT TO APPEAL. An associate judge shall give all parties notice of the right of appeal to the judge of the referring court. The notice may be given:
(1) at the hearing; (2) by posting the notice inside or outside the courtroom of the referring court; or
(3) as otherwise directed by the referring court.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
§ 54.1143. EFFECT OF ASSOCIATE JUDGE'S REPORT PENDING APPEAL. Pending appeal of the associate judge's report to the referring court, the decisions and recommendations of the associate judge are in full force and effect and are enforceable as an order of the referring court, except for the orders providing for incarceration or for the appointment of a receiver.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
§ 54.1144. JUDICIAL ACTION ON ASSOCIATE JUDGE'S REPORT. After the associate judge's report is filed, and unless the parties have filed a written notice of appeal to the referring court, the referring court may:
(1) adopt, approve, or reject the associate judge's report; (2) hear further evidence; or (3) recommit the matter for further proceedings as the referring court considers proper and necessary in the particular circumstances of the case.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
§ 54.1145. DECREE OR ORDER OF COURT. If an appeal to the referring court is not filed or the right to an appeal to the referring court is waived, the findings and the recommendations of the associate judge become the decree or order of the referring court only on the referring court's signing an order or decree conforming to the associate judge's report.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
§ 54.1146. APPEAL TO REFERRING COURT. (a) Any party is entitled to a hearing by the judge of the referring court if, not later than three days, computed in the manner provided by Rule 4, Texas Rules of Civil Procedure, after the associate judge gives the notice required by Section 54.1141, an appeal of the associate judge's report is filed with the referring court.
(b) The first day of the appeal time to the referring courts begins on the day after the day on which the associate judge gives the notice required by Section 54.1141.
(c) An appeal to the referring court shall be in writing and must specify the findings and conclusions of the associate judge to which the party objects. The appeal is limited to the findings and conclusions specified in the written appeal.
(d) On appeal to the referring court, the parties may present witnesses as in a hearing de novo on the issues raised in the appeal.
(e) Notice of any appeal to the referring court shall be given to opposing counsel in the manner provided by Rule 21a, Texas Rules of Civil Procedure.
(f) If an appeal to the referring court is filed by a party, any other party may file an appeal to the referring court not later than the seventh day after the date the initial appeal was filed.
(g) The referring court, after notice to the parties, shall hold a hearing on all appeals not later than the 30th day after the date on which the initial appeal was filed with the referring court.
(h) Prior to any hearing before an associate judge, the parties may waive the right of appeal to the referring court. The waiver may be in writing or on the record.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
§ 54.1147. APPELLATE REVIEW. (a) Failure to appeal to the referring court, by waiver or otherwise, on the approval by the referring court of an associate judge's report does not deprive any party of the right to appeal to or request other relief from a court of appeals or the supreme court.
(b) The date of the signing of an order or judgment by the referring court is the controlling date for the purposes of appeal to or request for other relief from a court of appeals or the supreme court.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
§ 54.1148. JURY TRIAL DEMANDED. If a jury trial is demanded and a jury fee paid in a trial on the merits, the associate judge shall refer any matters requiring a jury back to the referring court for a full trial before the court and jury.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
§ 54.1149. INAPPLICABILITY OF SUBCHAPTER TO MASTERS APPOINTED UNDER RULE 171. Masters appointed by the referring court under Rule 171, Texas Rules of Civil Procedure, have all the duties and powers set forth in the order of appointment and are not governed by this subchapter.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
§ 54.1150. IMMUNITY. An associate judge appointed under this subchapter has the judicial immunity of a district judge.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
§ 54.1151. COURT REPORTER. (a) A court reporter is not required during a hearing held by an associate judge appointed under this subchapter.
(b) A party, the associate judge, or the referring court may provide for a court reporter during the hearing. The record may be preserved by any other means approved by the associate judge.
(c) The referring court or associate judge may impose on a party as costs the expense of preserving the record.
Added by Acts 2003, 78th Leg., ch. 1150, § 1, eff. Sept. 1, 2003.
SUBCHAPTER W. MAGISTRATES IN CERTAIN COUNTY COURTS
§ 54.1171. APPLICATION OF SUBCHAPTER. This subchapter applies to a constitutional county court in a county with a population of two million or more.
Added by Acts 2003, 78th Leg., ch. 137, § 2, eff. Sept. 1, 2003. Renumbered from V.T.C.A., Government Code § 54.1151 by Acts 2005, 79th Leg., ch. 728, § 23.001(27), eff. Sept. 1, 2005.
§ 54.1172. APPOINTMENT. (a) The county judge may appoint one or more full-time magistrates to hear a matter alleging a violation of Section 25.093 or 25.094, Education Code.
(b) An appointment under Subsection (a) is subject to the approval of the commissioners court.
(c) A magistrate serves at the pleasure of the county judge.
Added by Acts 2003, 78th Leg., ch. 137, § 2, eff. Sept. 1, 2003. Renumbered from V.T.C.A., Government Code § 54.1152 by Acts 2005, 79th Leg., ch. 728, § 23.001(27), eff. Sept. 1, 2005.
§ 54.1173. QUALIFICATIONS. A magistrate must: (1) be a citizen of this state; (2) be at least 25 years of age; and (3) have been licensed to practice law in this state for at least four years preceding the date of appointment.
Added by Acts 2003, 78th Leg., ch. 137, § 2, eff. Sept. 1, 2003. Renumbered from V.T.C.A., Government Code § 54.1153 by Acts 2005, 79th Leg., ch. 728, § 23.001(27), eff. Sept. 1, 2005.
§ 54.1174. COMPENSATION. A magistrate is entitled to the compensation set by the commissioners court. The compensation shall be paid from the general fund of the county.
Added by Acts 2003, 78th Leg., ch. 137, § 2, eff. Sept. 1, 2003. Renumbered from V.T.C.A., Government Code § 54.1154 by Acts 2005, 79th Leg., ch. 728, § 23.001(27), eff. Sept. 1, 2005.
§ 54.1175. POWERS. Except as limited by an order of the county judge, a magistrate appointed under this subchapter may:
(1) conduct hearings and trials, including jury trials; (2) hear evidence; (3) compel production of relevant evidence, including books, papers, vouchers, documents, and other writings;
(4) rule on admissibility of evidence; (5) issue summons and attachments for the appearance of witnesses; (6) examine witnesses; (7) swear witnesses for hearings and trials; and (8) perform any act and take any measure necessary and proper for the efficient performance of the duties assigned by the county judge.
Added by Acts 2003, 78th Leg., ch. 137, § 2, eff. Sept. 1, 2003. Renumbered from V.T.C.A., Government Code § 54.1155 by Acts 2005, 79th Leg., ch. 728, § 23.001(27), eff. Sept. 1, 2005.
§ 54.1176. PAPERS TRANSMITTED TO JUDGE. (a) At the conclusion of a hearing, the magistrate shall transmit to the judge any papers relating to the case, including:
(1) the magistrate's findings and recommendations; and (2) a statement that notice of the findings and recommendations and of the right to a hearing before the judge has been given to all parties.
(b) The judge shall adopt, modify, or reject the magistrate's recommendations not later than the third working day after the date the judge receives the recommendations.
(c) The judge shall send written notice of any modification or rejection of the magistrate's recommendations to each party to the case.
Added by Acts 2003, 78th Leg., ch. 137, § 2, eff. Sept. 1, 2003. Renumbered from V.T.C.A., Government Code § 54.1156 by Acts 2005, 79th Leg., ch. 728, § 23.001(27), eff. Sept. 1, 2005.
SUBCHAPTER X. CRIMINAL LAW MAGISTRATES IN HARRIS COUNTY
§ 54.1201. DEFINITIONS. In this chapter, "drug court" has the meaning assigned by Section 469.001, Health and Safety Code.
Added by Acts 2003, 78th Leg., ch. 954, § 1, eff. Sept. 1, 2003.
§ 54.1202. APPOINTMENT. (a) The judges of the district courts of Harris County that give preference to criminal cases, with the consent and approval of the Commissioners Court of Harris County, may appoint the number of magistrates set by the commissioners court to perform the duties associated with the administration of drug courts and acceptance and sentencing on agreed plea bargains as authorized by this subchapter.
(b) Each magistrate's appointment must be made with the approval of the majority of the judges described in Subsection (a).
(c) If the number of magistrates is less than the number of the appointing judges, each magistrate shall serve equally in the courts of those judges.
Added by Acts 2003, 78th Leg., ch. 954, § 1, eff. Sept. 1, 2003.
§ 54.1203. QUALIFICATIONS. A magistrate must: (1) be a resident of this state and of Harris County; and (2) have been licensed to practice law in this state for at least four years.
Added by Acts 2003, 78th Leg., ch. 954, § 1, eff. Sept. 1, 2003.
§ 54.1204. COMPENSATION. A magistrate is entitled to the salary determined by the Commissioners Court of Harris County.
Added by Acts 2003, 78th Leg., ch. 954, § 1, eff. Sept. 1, 2003.
§ 54.1205. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.
Added by Acts 2003, 78th Leg., ch. 954, § 1, eff. Sept. 1, 2003.
§ 54.1206. TERMINATION OF SERVICES. The services of a magistrate may be terminated by a majority vote of the appointing judges of the district courts of Harris County that give preference to criminal cases.
Added by Acts 2003, 78th Leg., ch. 954, § 1, eff. Sept. 1, 2003.
§ 54.1207. PROCEEDINGS THAT MAY BE REFERRED. (a) A judge may refer to a magistrate:
(1) a criminal case for drug court proceedings; and (2) a criminal case involving an agreed plea bargain recommendation as to punishment or an agreed recommendation for a presentence investigation report in which the plea will be accepted by the magistrate and the sentence determined by the judge.
(b) A magistrate may not preside over a contested trial on the merits, regardless of whether the trial is before a jury.
Added by Acts 2003, 78th Leg., ch. 954, § 1, eff. Sept. 1, 2003.
§ 54.1208. ORDER OF REFERRAL. (a) To refer one or more cases to a drug court magistrate or a magistrate accepting an agreed plea bargain recommendation, a judge or board of judges trying criminal cases 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 on specific issues and perform particular acts;
(2) set the time and place for the hearing; (3) provide a date for filing the magistrate's findings; (4) designate proceedings for more than one case over which the magistrate shall preside;
(5) direct the magistrate to call the court's docket; and (6) set forth general powers and limitations of authority of the magistrate applicable to any case referred.
Added by Acts 2003, 78th Leg., ch. 954, § 1, eff. Sept. 1, 2003.
§ 54.1209. POWERS. (a) Except as limited by an order of referral, a magistrate to whom a drug court 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 preliminary motions; (11) recommend the rulings, orders, or judgment to be made in a case; (12) regulate proceedings in a hearing; (13) in a case referred under Section 54.1207(a)(1): (A) accept an agreed plea of guilty or an agreed plea bargain recommendation;
(B) enter a finding of guilt and impose or suspend sentence under an agreed plea bargain recommendation; or
(C) defer adjudication of guilt under an agreed plea bargain recommendation; and
(14) perform any act and take any measure necessary and proper for the efficient performance of the drug court or the duties required by the order of referral.
(b) Except as limited by an order of referral, a magistrate to whom an agreed plea bargain recommendation is referred may:
(1) in a case referred under Section 54.1207(a)(2): (A) accept an agreed plea bargain recommendation related to punishment; (B) accept an agreed recommendation for a presentence investigation report in which the plea will be accepted by the magistrate and the sentence determined by the judge;
(C) enter a finding of guilt and impose or suspend sentence under an agreed plea bargain recommendation; or
(D) defer adjudication of guilt under an agreed plea bargain recommendation; and
(2) perform any act and take any measure necessary and proper for the efficient performance of the duties required by the order of referral.
(c) A magistrate 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 magistrate may make findings, conclusions, and recommendations on those issues.
Added by Acts 2003, 78th Leg., ch. 954, § 1, eff. Sept. 1, 2003.
§ 54.1210. RECORD OF PROCEEDINGS. At the request of a party, the court shall provide that the proceedings before the magistrate be recorded.
Added by Acts 2003, 78th Leg., ch. 954, § 1, eff. Sept. 1, 2003.
§ 54.1211. WITNESS. (a) A witness who appears before a magistrate and is sworn is subject to the penalties for perjury provided by law.
(b) A supervising judge or judges 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.
Added by Acts 2003, 78th Leg., ch. 954, § 1, eff. Sept. 1, 2003.
§ 54.1212. PAPERS TRANSMITTED TO THE 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.
Added by Acts 2003, 78th Leg., ch. 954, § 1, eff. Sept. 1, 2003.
§ 54.1213. JUDICIAL ACTION. (a) The supervising judge or judges of a drug court may modify, correct, reject, reverse, or recommit for further information any action taken by the magistrate.
(b) If the supervising judge or judges do 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 supervising judge or judges shall enter a decree on the minutes of the referring court adopting the actions of the magistrate of which the court approves.
Added by Acts 2003, 78th Leg., ch. 954, § 1, eff. Sept. 1, 2003.
§ 54.1214. CRIMINAL LAW MAGISTRATES. (a) If a criminal law magistrate appointed under this subchapter is absent or unable to serve, the judge referring the case may appoint another criminal law magistrate to serve for the absent magistrate.
(b) A criminal law magistrate serving for another magistrate under this section has the powers and shall perform the duties of the magistrate for whom he is serving.
Added by Acts 2003, 78th Leg., ch. 954, § 1, eff. Sept. 1, 2003.
SUBCHAPTER Y. MAGISTRATES IN COMAL COUNTY
§ 54.1231. AUTHORIZATION; APPOINTMENT; ELIMINATION. (a) The Commissioners Court of Comal County may authorize the judges of the district and statutory county courts in Comal County to appoint one or more part-time or full-time magistrates to perform the duties authorized by this subchapter. (b) The judges of the district and statutory county courts in Comal County by a unanimous vote may appoint magistrates as authorized by the Commissioners Court of Comal County.
(c) An order appointing a magistrate must be signed by the local presiding judge of the district courts serving Comal County, and the order must state:
(1) the magistrate's name; and (2) the date the magistrate's employment is to begin. (d) An authorized magistrate's position may be eliminated on a majority vote of the Commissioners Court of Comal County.
Added by Acts 2003, 78th Leg., ch. 42, § 1, eff. May 15, 2003. Renumbered from V.T.C.A., Government Code § 54.1151 by Acts 2005, 79th Leg., ch. 728, § 23.001(28), eff. Sept. 1, 2005.
§ 54.1232. QUALIFICATIONS; OATH OF OFFICE. (a) To be eligible for appointment as a magistrate, a person must:
(1) be a citizen of the United States; (2) have resided in Comal County for at least the two years preceding the person's appointment; and
(3) be at least 30 years of age. (b) A magistrate appointed under Section 54.1231 must take the constitutional oath of office required of appointed officers of this state.
Added by Acts 2003, 78th Leg., ch. 42, § 1, eff. May 15, 2003. Renumbered from V.T.C.A., Government Code § 54.1152 and amended by Acts 2005, 79th Leg., ch. 728, § 23.001(28), 23.002(5), eff. Sept. 1, 2005.
§ 54.1233. COMPENSATION. (a) A magistrate is entitled to the salary determined by the Commissioners Court of Comal County.
(b) A full-time magistrate's salary may not be less than that of a justice of the peace of Comal County as established by the annual budget of Comal County.
(c) A part-time magistrate's salary is equal to the per-hour salary of a justice of the peace. The per-hour salary is determined by dividing the annual salary by a 2000 work-hour year. The local administrative judge of the district courts serving Comal County shall approve the number of hours to be paid a part-time magistrate.
(d) The magistrate's salary is paid from the county fund available for payment of officers' salaries.
Added by Acts 2003, 78th Leg., ch. 42, § 1, eff. May 15, 2003. Renumbered from V.T.C.A., Government Code § 54.1153 by Acts 2005, 79th Leg., ch. 728, § 23.001(28), eff. Sept. 1, 2005.
§ 54.1234. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.
Added by Acts 2003, 78th Leg., ch. 42, § 1, eff. May 15, 2003. Renumbered from V.T.C.A., Government Code § 54.1154 by Acts 2005, 79th Leg., ch. 728, § 23.001(28), eff. Sept. 1, 2005.
§ 54.1235. TERMINATION OF EMPLOYMENT. (a) A magistrate may be terminated by a majority vote of all the judges of the district and statutory county courts of Comal County.
(b) To terminate a magistrate's employment, the local administrative judge of the district courts serving Comal County must sign a written order of termination. The order must state:
(1) the magistrate's name; and (2) the final date of the magistrate's employment.
Added by Acts 2003, 78th Leg., ch. 42, § 1, eff. May 15, 2003. Renumbered from V.T.C.A., Government Code § 54.1155 by Acts 2005, 79th Leg., ch. 728, § 23.001(28), eff. Sept. 1, 2005.
§ 54.1236. JURISDICTION; RESPONSIBILITY; POWERS. (a) The judges of the district or statutory county courts shall establish standing orders to be followed by a magistrate or parties appearing before a magistrate, as applicable.
(b) To the extent authorized by this subchapter and the standing orders, a magistrate has jurisdiction to exercise the authority granted by the judges of the district or statutory county courts.
(c) A magistrate has all of the powers of a magistrate under the laws of this state and may administer an oath for any purpose.
(d) A magistrate shall give preference to performing the duties of a magistrate under Article 15.17, Code of Criminal Procedure.
(e) A magistrate is authorized to: (1) set, adjust, and revoke bonds before the filing of an information or the return of an indictment;
(2) conduct examining trials; (3) determine whether a defendant is indigent and appoint counsel for an indigent defendant;
(4) issue search and arrest warrants; (5) issue emergency protective orders; (6) order emergency mental commitments; and (7) conduct initial juvenile detention hearings if approved by the Juvenile Board of Comal County.
(f) With the express authorization of a justice of the peace, a magistrate may exercise concurrent criminal jurisdiction with the justice of the peace to dispose as provided by law of cases filed in the precinct of the authorizing justice of the peace, except for a trial on the merits following a plea of not guilty.
(g) A magistrate may: (1) issue notices of the setting of a case for a hearing; (2) conduct hearings; (3) compel production of evidence; (4) hear evidence; (5) issue summons for the appearance of witnesses; (6) swear witnesses for hearings; (7) regulate proceedings in a hearing; and (8) perform any act and take any measure necessary and proper for the efficient performance of the duties required by the magistrate's jurisdiction and authority.
Added by Acts 2003, 78th Leg., ch. 42, § 1, eff. May 15, 2003. Renumbered from V.T.C.A., Government Code § 54.1156 by Acts 2005, 79th Leg., ch. 728, § 23.001(28), eff. Sept. 1, 2005.
§ 54.1237. PERSONNEL, EQUIPMENT, AND OFFICE SPACE. The Commissioners Court of Comal County shall provide:
(1) personnel for the legal or clerical functions necessary to perform the magistrate's duties authorized by this chapter; and
(2) sufficient equipment and office space for the magistrate and personnel to perform the magistrate's essential functions.
Added by Acts 2003, 78th Leg., ch. 42, § 1, eff. May 15, 2003. Renumbered from V.T.C.A., Government Code § 54.1157 by Acts 2005, 79th Leg., ch. 728, § 23.001(28), eff. Sept. 1, 2005.
SUBCHAPTER BB. MAGISTRATES IN MONTGOMERY COUNTY
Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356, was added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005.
For another Subchapter BB, Criminal Law Hearing Officer in Cameron County, consisting of Secs. 54.1351 to 54.1361, added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005, and Subchapter BB, Magistrates in Nolan County, consisting of Secs. 54.1701 to 54.1705, added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005, see Secs. 54.1351 to 54.1361 and Secs. 54.1701 to 54.1705 post.
§ 54.1351. APPOINTMENT. (a) The judges of the district courts and statutory county courts in Montgomery County, with the consent and approval of the Commissioners Court of Montgomery County, may jointly appoint one or more magistrates to perform the duties authorized by this subchapter.
(b) Each magistrate's appointment must be made with the approval of a majority of the judges described in Subsection (a).
(c) A magistrate appointed under this subchapter may be terminated at any time in the same manner as appointed.
Added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005.
Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356, was added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005.
For another Subchapter BB, Criminal Law Hearing Officer in Cameron County, consisting of Secs. 54.1351 to 54.1361, added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005, and Subchapter BB, Magistrates in Nolan County, consisting of Secs. 54.1701 to 54.1705, added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005, see Secs. 54.1351 to 54.1361 and Secs. 54.1701 to 54.1705 post.
§ 54.1352. QUALIFICATIONS; OATH OF OFFICE. (a) To be eligible for appointment as a magistrate, a person must:
(1) be a resident of Montgomery County, Texas; and (2) be licensed to practice law in this state for at least four years. (b) A magistrate appointed under this subchapter must take the constitutional oath of office required of appointed officers of this state.
Added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005.
Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356, was added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005.
For another Subchapter BB, Criminal Law Hearing Officer in Cameron County, consisting of Secs. 54.1351 to 54.1361, added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005, and Subchapter BB, Magistrates in Nolan County, consisting of Secs. 54.1701 to 54.1705, added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005, see Secs. 54.1351 to 54.1361 and Secs. 54.1701 to 54.1705 post.
§ 54.1353. COMPENSATION. (a) A magistrate is entitled to the salary determined by the Commissioners Court of Montgomery County.
(b) The magistrate's salary is to be paid from the county fund available for the payment of officers' salaries.
Added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005.
Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356, was added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005.
For another Subchapter BB, Criminal Law Hearing Officer in Cameron County, consisting of Secs. 54.1351 to 54.1361, added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005, and Subchapter BB, Magistrates in Nolan County, consisting of Secs. 54.1701 to 54.1705, added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005, see Secs. 54.1351 to 54.1361 and Secs. 54.1701 to 54.1705 post.
§ 54.1354. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.
Added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005.
Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356, was added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005.
For another Subchapter BB, Criminal Law Hearing Officer in Cameron County, consisting of Secs. 54.1351 to 54.1361, added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005, and Subchapter BB, Magistrates in Nolan County, consisting of Secs. 54.1701 to 54.1705, added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005, see Secs. 54.1351 to 54.1361 and Secs. 54.1701 to 54.1705 post.
§ 54.1355. JURISDICTION; RESPONSIBILITY. The judges of the district and statutory county courts of Montgomery County by majority vote shall adopt standing orders establishing the duties of a magistrate.
Added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005.
Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356, was added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005.
For another Subchapter BB, Criminal Law Hearing Officer in Cameron County, consisting of Secs. 54.1351 to 54.1361, added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005, and Subchapter BB, Magistrates in Nolan County, consisting of Secs. 54.1701 to 54.1705, added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005, see Secs. 54.1351 to 54.1361 and Secs. 54.1701 to 54.1705 post.
§ 54.1356. POWERS. Subject to the standing orders of the judges of the district and statutory county courts of Montgomery County, the magistrate has all the powers of a magistrate under the laws of this state and may:
(1) set, adjust, and revoke bonds before the filing of an information or the return of an indictment;
(2) conduct examining trials; (3) determine whether a defendant is indigent and appoint counsel for indigent defendants;
(4) issue search and arrest warrants; (5) issue emergency protective orders; (6) order emergency mental commitments; (7) conduct juvenile detention hearings if approved by the Juvenile Board of Montgomery County; and
(8) administer an oath for any purpose.
Added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005.
Subchapter BB, Criminal Law Hearing Officers in Cameron County, consisting of Secs. 54.1351 to 54.1361, was added by Acts 2005, 79th Leg., ch. 767, § 1, eff. May 20, 2005.
For another Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356m added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005, see Secs. 54.1351 to 54.1356, ante, and for Subchapter BB, Magistrates in Nolan County, consisting of Secs. 54.1701 to 54.1705, added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005, see Secs. 54.1701 to 54.1705 post.
§ 54.1351. APPLICATION OF SUBCHAPTER. This subchapter applies to Cameron County.
Added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005.
Subchapter BB, Criminal Law Hearing Officers in Cameron County, consisting of Secs. 54.1351 to 54.1361, was added by Acts 2005, 79th Leg., ch. 767, § 1, eff. May 20, 2005.
For another Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356m added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005, see Secs. 54.1351 to 54.1356, ante, and for Subchapter BB, Magistrates in Nolan County, consisting of Secs. 54.1701 to 54.1705, added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005, see Secs. 54.1701 to 54.1705 post.
§ 54.1352. APPOINTMENT. (a) A majority of the members of a board composed of the judges of the district courts and statutory county courts of Cameron County may appoint not more than two criminal law hearing officers to perform the duties authorized by this subchapter.
(b) A criminal law hearing officer appointed under this subchapter serves at the pleasure of the board and may be terminated at any time in the same manner as appointed.
(c) A criminal law hearing officer is subject to proceedings under Section 1-a, Article V, Texas Constitution.
Added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005.
Subchapter BB, Criminal Law Hearing Officers in Cameron County, consisting of Secs. 54.1351 to 54.1361, was added by Acts 2005, 79th Leg., ch. 767, § 1, eff. May 20, 2005.
For another Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356m added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005, see Secs. 54.1351 to 54.1356, ante, and for Subchapter BB, Magistrates in Nolan County, consisting of Secs. 54.1701 to 54.1705, added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005, see Secs. 54.1701 to 54.1705 post.
§ 54.1353. QUALIFICATIONS. To be eligible for appointment as a criminal law hearing officer under this subchapter, a person must:
(1) be a resident of Cameron County; (2) be eligible to vote in this state and in Cameron County; (3) be at least 30 years of age; (4) be a licensed attorney with at least four years' experience; and (5) have the other qualifications required by the board.
Added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005.
Subchapter BB, Criminal Law Hearing Officers in Cameron County, consisting of Secs. 54.1351 to 54.1361, was added by Acts 2005, 79th Leg., ch. 767, § 1, eff. May 20, 2005.
For another Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356m added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005, see Secs. 54.1351 to 54.1356, ante, and for Subchapter BB, Magistrates in Nolan County, consisting of Secs. 54.1701 to 54.1705, added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005, see Secs. 54.1701 to 54.1705 post.
§ 54.1354. COMPENSATION. (a) A criminal law hearing officer is entitled to a salary in the amount set by the commissioners court.
(b) The salary is paid from the county fund available for payment of officers' salaries.
Added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005.
Subchapter BB, Criminal Law Hearing Officers in Cameron County, consisting of Secs. 54.1351 to 54.1361, was added by Acts 2005, 79th Leg., ch. 767, § 1, eff. May 20, 2005.
For another Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356m added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005, see Secs. 54.1351 to 54.1356, ante, and for Subchapter BB, Magistrates in Nolan County, consisting of Secs. 54.1701 to 54.1705, added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005, see Secs. 54.1701 to 54.1705 post.
§ 54.1355. OATH. A criminal law hearing officer must take the constitutional oath of office required of appointed officers of this state.
Added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005.
Subchapter BB, Criminal Law Hearing Officers in Cameron County, consisting of Secs. 54.1351 to 54.1361, was added by Acts 2005, 79th Leg., ch. 767, § 1, eff. May 20, 2005.
For another Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356m added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005, see Secs. 54.1351 to 54.1356, ante, and for Subchapter BB, Magistrates in Nolan County, consisting of Secs. 54.1701 to 54.1705, added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005, see Secs. 54.1701 to 54.1705 post.
§ 54.1356. CRIMINAL JURISDICTION. (a) A criminal law hearing officer appointed under this subchapter has limited concurrent jurisdiction over criminal cases filed in the district courts, statutory county courts, and justice courts of the county. The jurisdiction of the criminal law hearing officer is limited to:
(1) determining probable cause for further detention of any person detained on a criminal complaint, information, or indictment filed in the district courts, statutory county courts, or justice courts of the county;
(2) committing the defendant to jail, discharging the defendant from custody, or admitting the defendant to bail, as the law and facts of the case require;
(3) issuing search warrants and arrest warrants as provided by law for magistrates; and
(4) as to criminal cases filed in justice courts, disposing of cases as provided by law, other than by trial, and collecting fines and enforcing judgments and orders of the justice courts in criminal cases.
(b) This section does not limit or impair the jurisdiction of the court in which the complaint, information, or indictment is filed to review or alter the decision of the criminal law hearing officer.
(c) In a felony or misdemeanor case punishable by incarceration in the county jail, a criminal law hearing officer may not dismiss the case, enter a judgment of acquittal or guilt, or pronounce sentence.
Added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005.
Subchapter BB, Criminal Law Hearing Officers in Cameron County, consisting of Secs. 54.1351 to 54.1361, was added by Acts 2005, 79th Leg., ch. 767, § 1, eff. May 20, 2005.
For another Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356m added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005, see Secs. 54.1351 to 54.1356, ante, and for Subchapter BB, Magistrates in Nolan County, consisting of Secs. 54.1701 to 54.1705, added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005, see Secs. 54.1701 to 54.1705 post.
§ 54.1357. MENTAL HEALTH JURISDICTION. The judges of the statutory county courts of Cameron County may authorize a criminal law hearing officer to serve the probate courts of Cameron County as necessary to hear emergency mental health matters under Chapter 573, Health and Safety Code. A criminal law hearing officer has concurrent limited jurisdiction with the probate courts of the county to hear emergency mental health matters under Chapter 573, Health and Safety Code. This section does not impair the jurisdiction of the probate courts to review or alter the decision of the criminal law hearing officer.
Added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005.
Subchapter BB, Criminal Law Hearing Officers in Cameron County, consisting of Secs. 54.1351 to 54.1361, was added by Acts 2005, 79th Leg., ch. 767, § 1, eff. May 20, 2005.
For another Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356m added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005, see Secs. 54.1351 to 54.1356, ante, and for Subchapter BB, Magistrates in Nolan County, consisting of Secs. 54.1701 to 54.1705, added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005, see Secs. 54.1701 to 54.1705 post.
§ 54.1358. DUTIES AND POWERS. (a) A criminal law hearing officer shall inform a person arrested of the warnings described by Article 15.17, Code of Criminal Procedure.
(b) A criminal law hearing officer may determine the amount of bail and grant bail under Chapter 17, Code of Criminal Procedure, and as otherwise provided by law.
(c) A criminal law hearing officer may issue a magistrate's order for emergency apprehension and detention under Chapter 573, Health and Safety Code, if authorized by the judges of the statutory county courts of Cameron County and if the criminal law hearing officer makes each finding required by Section 573.012(b), Health and Safety Code.
(d) The criminal law hearing officer shall be available, within the time provided by law following a defendant's arrest, to determine probable cause for further detention, administer warnings, inform the accused of the pending charges, and determine all matters pertaining to bail. Criminal law hearing officers shall be available to review and issue search warrants and arrest warrants as provided by law.
(e) A criminal law hearing officer may dispose of criminal cases filed in the justice courts as provided by law, other than by trial, and collect fines and enforce the judgments and orders of the justice courts in criminal cases.
Added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005.
Subchapter BB, Criminal Law Hearing Officers in Cameron County, consisting of Secs. 54.1351 to 54.1361, was added by Acts 2005, 79th Leg., ch. 767, § 1, eff. May 20, 2005.
For another Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356m added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005, see Secs. 54.1351 to 54.1356, ante, and for Subchapter BB, Magistrates in Nolan County, consisting of Secs. 54.1701 to 54.1705, added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005, see Secs. 54.1701 to 54.1705 post.
§ 54.1359. JUDICIAL IMMUNITY. A criminal law hearing officer has the same judicial immunity as a district judge, statutory county court judge, and justice of the peace.
Added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005.
Subchapter BB, Criminal Law Hearing Officers in Cameron County, consisting of Secs. 54.1351 to 54.1361, was added by Acts 2005, 79th Leg., ch. 767, § 1, eff. May 20, 2005.
For another Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356m added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005, see Secs. 54.1351 to 54.1356, ante, and for Subchapter BB, Magistrates in Nolan County, consisting of Secs. 54.1701 to 54.1705, added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005, see Secs. 54.1701 to 54.1705 post.
§ 54.1360. SHERIFF. On request of a criminal law hearing officer appointed under this subchapter, the sheriff, in person or by deputy, shall assist the criminal law hearing officer.
Added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005.
Subchapter BB, Criminal Law Hearing Officers in Cameron County, consisting of Secs. 54.1351 to 54.1361, was added by Acts 2005, 79th Leg., ch. 767, § 1, eff. May 20, 2005.
For another Subchapter BB, Magistrates in Montgomery County, consisting of Secs. 54.1351 to 54.1356m added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005, see Secs. 54.1351 to 54.1356, ante, and for Subchapter BB, Magistrates in Nolan County, consisting of Secs. 54.1701 to 54.1705, added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005, see Secs. 54.1701 to 54.1705 post.
§ 54.1361. CLERK. The district clerk shall perform the statutory duties necessary for the criminal law hearing officers appointed under this subchapter in cases filed in a district court or a statutory county court. A person designated to serve as a clerk of a justice court shall perform the statutory duties necessary for cases filed in a justice court.
Added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005. § 55.001. EMPLOYMENT OF SECRETARY OR STENOGRAPHER. (a) If the commissioners court on request of the county judge determines that a secretary or stenographer for the county judge is necessary, the court shall enter an order authorizing the county judge to employ a secretary or stenographer.
(b) The secretary or stenographer may be removed by the county judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 55.002. EMPLOYMENT IN JIM HOGG COUNTY. The county judge of Jim Hogg County may employ one person for stenographic and secretarial duties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. § 56.001. JUDICIAL AND COURT PERSONNEL TRAINING FUND. (a) The judicial and court personnel training fund is created in the state treasury and shall be administered by the court of criminal appeals.
(b) to (h) Repealed by Acts 2003, 78th Leg., ch. 209, § 85(a)(10). (i) On requisition of the court of criminal appeals, the comptroller shall draw a warrant on the fund for the amount specified in the requisition for a use authorized in Section 56.003. A warrant may not exceed the amount appropriated for any one fiscal year. At the end of each state fiscal year, any unexpended balance in the fund in excess of $500,000 shall be transferred to the general revenue fund.
Added by Acts 1987, 70th Leg., ch. 148, § 2.78(a), eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 347, § 5, eff. Oct. 1, 1989; Acts 1993, 73rd Leg., ch. 896, § 1, 2, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 165, § 30.187, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 390, § 2, eff. Aug. 31, 1999; Acts 2003, 78th Leg., ch. 209, § 85(a)(10), eff. Jan. 1, 2004.
§ 56.002. FEES COLLECTED BY CLERKS OF COURTS OF APPEALS. Fifty percent of the fees collected by the clerks of the courts of appeals under Section 51.207 shall be deposited in the state treasury in the judicial and court personnel training fund for the continuing legal education of judges and of court personnel.
Added by Acts 1987, 70th Leg., ch. 148, § 2.78(a), eff. Sept. 1, 1987.
§ 56.003. USE OF FUNDS. (a) The court of criminal appeals may not use more than three percent of the money appropriated in any one fiscal year to hire staff and provide for the proper administration of this chapter.
(b) No more than one-third of the funds appropriated for any fiscal year shall be used for the continuing legal education of judges of appellate courts, district courts, county courts at law, county courts performing judicial functions, full-time associate judges and masters appointed pursuant to Chapter 201, Family Code, and full-time masters, magistrates, referees, and associate judges appointed pursuant to Chapter 54 as required by the court of criminal appeals under Section 74.025 and of their court personnel.
(c) No more than one-third of the funds appropriated for any fiscal year shall be used for the continuing legal education of judges of justice courts as required by the court of criminal appeals under Section 74.025 and of their court personnel.
(d) No more than one-third of the funds appropriated for any fiscal year shall be used for the continuing legal education of judges of municipal courts as required by the court of criminal appeals under Section 74.025 and of their court personnel.
(e) The court of criminal appeals shall grant legal funds to statewide professional associations of judges and other entities whose purposes include providing continuing legal education courses, programs, and projects for judges and court personnel. The grantees of those funds must ensure that sufficient funds are available for each judge to meet the minimum educational requirements set by the court of criminal appeals under Section 74.025 before any funds are awarded to a judge for education that exceeds those requirements.
(f) The court of criminal appeals shall grant legal funds to statewide professional associations of prosecuting attorneys, criminal defense attorneys who regularly represent indigent defendants in criminal matters, and justices of the peace, and other entities. The association's or entity's purposes must include providing continuing legal education, technical assistance, and other support programs.
Added by Acts 1987, 70th Leg., ch. 148, § 2.78(a), eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 896, § 3, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 390, § 3, eff. Aug. 31, 1999; Acts 2003, 78th Leg., ch. 654, § 1, eff. Sept. 1, 2003.
§ 56.004. ALLOCATION OF FUNDS. (a) The legislature shall appropriate funds from the judicial and court personnel training fund to the court of criminal appeals to provide for the continuing legal education of judges and court personnel in this state.
(b) The legislature shall appropriate funds from the judicial and court personnel training fund to the court of criminal appeals to provide for continuing legal education, technical assistance, and other support programs for prosecuting attorneys and their personnel, criminal defense attorneys who regularly represent indigent defendants in criminal matters, and justices of the peace and their court personnel.
Added by Acts 1989, 71st Leg., ch. 2, § 8.34(a), eff. Aug. 28, 1989. Amended by Acts 1993, 73rd Leg., ch. 896, § 4, eff. Sept. 1, 1993.
§ 56.005. JUDICIAL EDUCATION COMMITTEES. (a) The court of criminal appeals shall appoint the court of criminal appeals education committee to recommend educational requirements and course content, credit, and standards for judges and court personnel of appellate courts, district courts, statutory county courts, and county courts performing judicial functions. The court of criminal appeals shall appoint at least two appellate judges, four district court judges, two statutory county court judges, and one judge of a county court performing judicial functions. The court of criminal appeals may appoint not more than six additional members. Members serve at the will of the court of criminal appeals.
(b) An entity receiving a grant of funds from the court of criminal appeals for the education of justices of the peace and their court personnel shall designate a committee to recommend educational requirements and course content, credit, and standards for the purposes of the grant awarded.
(c) An entity receiving a grant of funds from the court of criminal appeals under this chapter for the education of municipal court judges and their personnel shall designate a committee to recommend educational requirements and course content, credit, and standards for the purposes of the grant awarded.
(d) The court of criminal appeals education committee and any committee established as provided by Subsection (b) or (c) shall meet at least twice a year to:
(1) review and recommend course content, credit, and standards for initial and continuing judicial education for judges and court personnel; and
(2) make recommendations and take other action necessary to carry out the purposes of this chapter.
(e) The court of criminal appeals education committee and any committee established as provided by Subsection (b) or (c) shall:
(1) recommend to the court of criminal appeals the minimum educational requirements for judges and court personnel; and
(2) issue an annual report to the court of criminal appeals that lists the courses, credits, and standards for the judges and court personnel.
Added by Acts 1989, 71st Leg., ch. 2, § 8.34(a), eff. Aug. 28, 1989. Amended by Acts 1993, 73rd Leg., ch. 896, § 5, eff. Sept. 1, 1993.
§ 56.006. RULES; OVERSIGHT. (a) The court of criminal appeals may adopt rules for programs relating to education and training for attorneys, judges, justices of the peace, district clerks, county clerks, and court personnel, including court coordinators, as provided by Section 56.003 and for the administration of those programs, including rules that:
(1) require entities receiving a grant of funds to provide legislatively required training; and
(2) base the awarding of grant funds to an entity on qualitative information about the entity's programs or services and the entity's ability to meet financial performance standards.
(b) The court of criminal appeals, for the proper administration of this chapter and as part of its oversight of training programs for attorneys, judges, justices of the peace, district clerks, county clerks, and court personnel, including court coordinators, as provided by Section 56.003, shall monitor both the financial performance and the program performance of entities receiving a grant of funds under this chapter.
Added by Acts 1993, 73rd Leg., ch. 896, § 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 718, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 45, § 1, eff. Sept. 1, 1997.
§ 56.007. ADMINISTRATIVE EXPENSES. An entity receiving a grant of funds from the court of criminal appeals under this chapter for continuing legal education, technical assistance, and other support programs may not use grant funds to pay any costs of the entity not related to approved grant activities.
Added by Acts 1993, 73rd Leg., ch. 896, § 6, eff. Sept. 1, 1993. § 57.001. DEFINITIONS. In this subchapter and for purposes
of Subchapter B:
(1) "Certified court interpreter" means an individual who is a
qualified interpreter as defined in Article 38.31, Code of Criminal Procedure, or
Section 21.003, Civil Practice and Remedies Code, or certified under Subchapter B by the
Department of Assistive and Rehabilitative Services to interpret court proceedings for a
hearing-impaired individual.
(2) "Department" means the Department of Assistive and Rehabilitative
Services.
(3) "Commissioner" means the commissioner of the Department of
Assistive and Rehabilitative Services.
(4) "Hearing-impaired individual" means an individual who has a hearing
impairment, regardless of whether the individual also has a speech impairment, that
inhibits the individual's comprehension of proceedings or communication with others.
(5) "Licensed court interpreter" means an individual licensed under
Subchapter C by the Texas Commission of Licensing and Regulation to interpret court
proceedings for an individual who can hear but who does not comprehend English or
communicate in English.
(6) "Real-time captioning" means transcribing the spoken words of an
oral proceeding to simultaneously project the words on a screen.
(7) "Court proceeding" includes an arraignment, deposition, mediation,
court-ordered arbitration, or other form of alternative dispute resolution.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001. Amended by Acts
2005, 79th Leg., ch. 614, § 1, eff. Sept. 1, 2005.
§ 57.002. APPOINTMENT OF INTERPRETER. (a) A court shall appoint a
certified court interpreter or a licensed court interpreter if a motion for the
appointment of an interpreter is filed by a party or requested by a witness in a civil
or criminal proceeding in the court.
(b) A court may, on its own motion, appoint a certified court interpreter or a
licensed court interpreter.
Text of subsec. (c) as amended by Acts 2005, 79th Leg., ch. 584, § 1.
(c) Subject to Subsection (e), in a county with a population of less than
50,000, a court may appoint a spoken language interpreter who is not a certified or
licensed court interpreter.
Text of subsec. (c) as amended by Acts 2005, 79th Leg., ch. 614, § 2.
(c) In a county with a population of less than 50,000, a court may appoint a
spoken language interpreter who is not a licensed court interpreter and who:
(1) is qualified by the court as an expert under the Texas Rules of
Evidence;
(2) is at least 18 years of age; and
(3) is not a party to the proceeding.
(d) Subject to Subsection (e), in a county with a population of 50,000 or more,
a court may appoint a spoken language interpreter who is not a certified or licensed
court interpreter if:
(1) the language necessary in the proceeding is a language other than
Spanish; and
(2) the court makes a finding that there is no licensed court
interpreter within 75 miles who can interpret in the language that is necessary in a
proceeding.
(e) A person appointed under Subsection (c) or (d):
(1) must be qualified by the court as an expert under the Texas Rules of Evidence;
(2) must be at least 18 years of age; and
(3) may not be a party to the proceeding.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001. Amended by Acts
2005, 79th Leg., ch. 584, § 1, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 614,
§ 2, eff. Sept. 1, 2005.
SUBCHAPTER B. INTERPRETERS FOR HEARING-IMPAIRED INDIVIDUALS
§ 57.021. COURT INTERPRETER CERTIFICATION PROGRAM. (a) The department
shall certify court interpreters to interpret court proceedings for a hearing-impaired
individual.
(b) The department may contract with public or private educational institutions
to administer a training program and by rule may provide for suspension of training
offered by an institution if the training fails to meet requirements established by the
department.
(c) The department shall maintain a list of certified court interpreters and
other persons the department has determined are qualified to act as court interpreters
and shall send the list to each state court and, on request, to other interested
persons.
(d) The department may maintain a list of persons certified by the Texas Court
Reporters Association as qualified to provide communication access real-time translation
services for a hearing-impaired individual in a court proceeding and, on request, may
send the list to a person or court.
(e) The department may accept gifts, grants, or donations from private
individuals, foundations, or other entities to assist in administering the court
interpreter certification program under this section.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001. Amended by Acts
2005, 79th Leg., ch. 614, § 3, eff. Sept. 1, 2005.
§ 57.022. CERTIFICATION; RULES. (a) The department shall certify an
applicant who passes the appropriate examination prescribed by the department and who
possesses the other qualifications required by rules adopted under this subchapter.
(b) The executive commissioner of the Health and Human Services Commission by
rule shall provide for:
(1) the qualifications of certified court interpreters;
(2) training programs for certified court interpreters each of which is
managed by the department or by a public or private educational institution;
(3) the administration of examinations;
(4) the form for each certificate and procedures for renewal of a
certificate;
(5) the fees for training, examinations, initial certification, and
certification renewal;
(6) continuing education programs under this subchapter;
(7) instructions for the compensation of a certified court interpreter
and the designation of the party or entity responsible for payment of compensation; and
(8) administrative sanctions enforceable by the department.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001. Amended by Acts
2005, 79th Leg., ch. 614, § 4, eff. Sept. 1, 2005.
§ 57.023. EXAMINATIONS. (a) The department shall prepare examinations
under this subchapter that test an applicant's knowledge, skill, and efficiency in the
field in which the applicant seeks certification.
(b) A person who fails an examination may apply for reexamination at the next
examination scheduled after the date the person failed the original examination.
(c) Examinations shall be offered in the state at least twice a year at times
and places designated by the department.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001. Amended by Acts
2005, 79th Leg., ch. 614, § 5, eff. Sept. 1, 2005.
§ 57.024. DUTIES OF THE COMMISSIONER. (a) The commissioner shall enforce
this subchapter.
(b) The commissioner shall investigate allegations of violations of this
subchapter.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001. Amended by Acts
2005, 79th Leg., ch. 614, § 6, eff. Sept. 1, 2005.
§ 57.025. DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATE. (a) The
executive commissioner of the Health and Human Services Commission shall adopt rules
establishing the grounds for denial, suspension, revocation, and reinstatement of a
certificate issued under this subchapter. The department may revoke or suspend
certification under this subchapter only after a hearing.
(b) The department may reissue a certificate to a person whose certificate has
been revoked if the person applies in writing to the department and shows good cause to
justify reissuance of the certificate.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001. Amended by Acts
2005, 79th Leg., ch. 614, § 7, eff. Sept. 1, 2005.
§ 57.026. PROHIBITED ACTS. A person may not interpret for a
hearing-impaired individual at a court proceeding or advertise or represent that the
person is a certified court interpreter unless the person holds an appropriate
certificate under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Jan. 1, 2002. Amended by Acts
2005, 79th Leg., ch. 614, § 8, eff. Sept. 1, 2005.
§ 57.027. CRIMINAL OFFENSE; ADMINISTRATIVE PENALTY. (a) A person commits
an offense if the person violates this subchapter or a rule adopted under this
subchapter. An offense under this subsection is a Class A misdemeanor.
(b) A person who violates this subchapter or a rule adopted under this
subchapter is subject to an administrative penalty assessed by the department.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Jan. 1, 2002. Amended by Acts
2005, 79th Leg., ch. 614, § 9, eff. Sept. 1, 2005.
SUBCHAPTER C. COURT INTERPRETERS FOR INDIVIDUALS WHO DO NOT COMMUNICATE IN
ENGLISH
§ 57.041. DEFINITIONS. In this subchapter:
(1) "Board" means the licensed court interpreter advisory board.
(2) "Commission" means the Texas Commission of Licensing and
Regulation. (3) Repealed by Acts 2003, 78th Leg., ch. 816, § 8.005.
(4) "Department" means the Texas Department of Licensing and
Regulation. (4-a) "Executive director" means the executive director of the
department. (5) "Licensed court interpreter" has the meaning assigned by
Section 57.001.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001. Amended by Acts
2003, 78th Leg., ch. 816, § 8.001, 8.005, eff. Sept. 1, 2003.
§ 57.042. LICENSED COURT INTERPRETER ADVISORY BOARD. (a) The licensed
court interpreter advisory board is established as an advisory board to the commission.
The board is composed of nine members appointed by the presiding officer of the
commission, with the commission's approval. Members of the board serve staggered
six-year terms, with the terms of one-third of the members expiring on February 1 of
each odd-numbered year.
(b) The advisory board is composed of:
(1) an active district, county, or statutory county court judge who has been a judge
for at least the three years preceding the date of appointment;
(2) an active court administrator who has been a court administrator
for at least the three years preceding the date of appointment;
(3) an active attorney who has been a practicing member of the state
bar for at least the three years preceding the date of appointment;
(4) three active licensed court interpreters; and
(5) three public members who are residents of this state.
(c) The presiding officer of the commission, with the commission's approval,
shall select from the board members a presiding officer of the board to serve for two
years.
(d) Members shall be appointed without regard to race, sex, religion, or ethnic
origin. The membership of the board must reflect the geographical and cultural
diversity of the state.
(e) The presiding officer of the commission, with the commission's approval,
may remove a member of the board for inefficiency or neglect of duty in office. If a
vacancy occurs on the board, the presiding officer of the commission, with the
commission's approval, shall appoint a member who represents the same interests as the
former member to serve the unexpired term.
(f) The board shall meet at least twice a year at the call of the presiding
officer at a place designated by the presiding officer. A majority of the board
constitutes a quorum.
(g) The board shall advise the commission regarding the adoption of rules and
the design of a licensing examination.
(h) A board member is entitled to reimbursement for expenses incurred in
attending meetings of the board in the amount of the per diem set by the General
Appropriations Act. A member may not receive compensation for the member's services as
a board member. Service on the board by a member appointed under Subsection (b)(1) is
an additional duty required by the member's other official capacity, and that service on
the board is not a dual office holding.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001. Amended by Acts
2003, 78th Leg., ch. 816, § 8.002, eff. Sept. 1, 2003.
§ 57.043. ISSUANCE OF LICENSE; TERM. (a) The executive director shall
issue a court interpreter license to an applicant who:
(1) can interpret for an individual who can hear but who does not
comprehend English or communicate in English;
(2) passes the appropriate examination prescribed by the executive
director; and
(3) possesses the other qualifications for the license required by this
subchapter or by rules adopted under this subchapter.
(b) The commission shall adopt rules relating to licensing under this
subchapter and the executive director shall prescribe all forms required under this
subchapter.
(c) A license issued under this subchapter is valid for one year from the date
of issuance.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001. Amended by Acts
2003, 78th Leg., ch. 816, § 8.003, eff. Sept. 1, 2003.
§ 57.044. COURT INTERPRETER LICENSE. To qualify for a court interpreter
license under this subchapter, an individual must apply on a form prescribed by the
executive director and demonstrate, in the manner required by the executive director,
reasonable proficiency in interpreting English and court proceedings for individuals who
can hear but who do not comprehend English or communicate in English.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001. Amended by Acts
2003, 78th Leg., ch. 816, § 26.001, eff. Sept. 1, 2003.
§ 57.045. FEES. The commission by rule shall set license and examination
fees under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.
§ 57.046. EXAMINATIONS. (a) The executive director shall prepare
examinations under this subchapter that test an applicant's knowledge, skill, and
efficiency in interpreting under this subchapter.
(b) An individual who fails an examination may apply for reexamination at a
scheduled examination held at least six months after the date the individual failed the
original examination.
(c) Examinations shall be offered in the state at least twice a year at times
and places designated by the executive director.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001. Amended by Acts
2003, 78th Leg., ch. 816, § 26.002, eff. Sept. 1, 2003.
§ 57.047. DEPARTMENT DUTIES; INSPECTIONS. (a) The executive director
shall enforce this subchapter.
(b) The department shall investigate allegations of violations of this
subchapter.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001. Amended by Acts
2003, 78th Leg., ch. 816, § 26.003, 26.004, eff. Sept. 1, 2003.
§ 57.048. SUSPENSION AND REVOCATION OF LICENSES; REISSUANCE. (a) After a
hearing, the commission shall suspend or revoke a court interpreter license on a finding
that the individual:
(1) made a material misstatement in an application for a license;
(2) disregarded or violated this subchapter or a rule adopted under
this subchapter; or
(3) engaged in dishonorable or unethical conduct likely to deceive,
defraud, or harm the public or a person for whom the interpreter interprets.
(b) The executive director may reissue a license to an individual whose license
has been revoked if the individual applies in writing to the department and shows good
cause to justify reissuance of the license.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001. Amended by Acts
2003, 78th Leg., ch. 816, § 8.004, eff. Sept. 1, 2003.
§ 57.049. PROHIBITED ACTS. A person may not advertise, represent to be, or
act as a licensed court interpreter unless the person holds an appropriate license under
this subchapter.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Jan. 1, 2002.
§ 57.050. OFFENSE; ADMINISTRATIVE PENALTY. (a) A person commits an
offense if the person violates this subchapter or a rule adopted under this subchapter.
An offense under this subsection is a Class A misdemeanor.
(b) A person who violates this subchapter or a rule adopted under this
subchapter is subject to an administrative penalty assessed by the commission as
provided by Subchapter F, Chapter 51, Occupations Code.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Jan. 1, 2002.
§ 57.051. SUNSET. The licensed court interpreter advisory board is subject
to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the board is abolished and this subchapter expires September
1, 2013.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001. § 62.001. JURY SOURCE; RECONSTITUTION OF JURY WHEEL. (a)
The jury wheel must be reconstituted by using, as the source:
(1) the names of all persons on the current voter registration lists
from all the precincts in the county; and
(2) all names on a current list to be furnished by the Department of
Public Safety, showing the citizens of the county who:
(A) hold a valid Texas driver's license or a valid personal
identification card or certificate issued by the department; and
(B) are not disqualified from jury service under Section
62.102(1), (2), or (7).
(b) Notwithstanding Subsection (a), the names of persons listed on a register
of persons exempt from jury service may not be placed in the jury wheel, as provided by
Sections 62.108 and 62.109.
(c) Each year not later than the third Tuesday in November or the date provided
by Section 16.032, Election Code, for the cancellation of voter registrations, whichever
is earlier, the voter registrar of each county shall furnish to the secretary of state a
current voter registration list from all the precincts in the county that, except as
provided by Subsection (d), includes:
(1) the complete name, mailing address, date of birth, voter
registration number, and precinct number for each voter;
(2) if available, the Texas driver's license number or personal
identification card or certificate number and social security number for each voter;
and
(3) any other information included on the voter registration list of
the county.
(d) The list required by Subsection (c) may exclude, at the option of the voter
registrar of each county, the names of persons on the suspense list maintained under
Section 15.081, Election Code.
(e) The voter registrar shall send a list of the names of persons excluded to
the secretary of state with the list required by Subsection (c).
(f) The Department of Public Safety shall furnish a list to the secretary of
state that shows the names required under Subsection (a)(2) and that contains any of the
information enumerated in Subsection (c) that is available to the department, including
citizenship status and county of residence. The list shall exclude the names of
convicted felons, persons who are not citizens of the United States, persons residing
outside the county, and the duplicate name of any registrant. The department shall
furnish the list to the secretary of state on or before the first Monday in October of
each year.
(g) The secretary of state shall accept the lists furnished as provided by
Subsections (c) through (f). The secretary of state shall combine the lists, eliminate
duplicate names, and send the combined list to each county on or before December 31 of
each year or as may be required under a plan developed in accordance with Section
62.011. The district clerk of a county that has adopted a plan under Section 62.011
shall give the secretary of state notice not later than the 90th day before the date the
list is required. The list furnished the county must be in a format, electronic or
printed copy, as requested by the county and must be certified by the secretary of state
stating that the list contains the names required by Subsections (c) through (f),
eliminating duplications. The secretary of state shall furnish the list free of charge.
(h) If the secretary of state is unable to furnish the list as provided in this
section because of the failure of the voter registrar to furnish the county voter
registration list to the secretary of state, the county tax assessor-collector, sheriff,
county clerk, and district clerk in the county shall meet at the county courthouse
between January 1 and January 15 of the following year and shall reconstitute the jury
wheel for the county, except as provided under a plan adopted under Section 62.011. The
deadlines included in the plan control for preparing the list and reconstituting the
wheel. The secretary of state shall send the list furnished by the Department of Public
Safety as provided by Subsection (f) to the voter registrar, who shall combine the lists
as described in this section for use as the juror source and certify the combined list
as required of the secretary of state under Subsection (g).
(i) The commissioners court may, instead of using the method provided by
Subsections (c) through (h), contract with another governmental unit or a private person
to combine the voter registration list with the list furnished by the Department of
Public Safety. Subsections (c) through (h) do not apply to a county in which the
commissioners court has contracted with another governmental unit or a private person
under this subsection. The Department of Public Safety may not charge a fee for
furnishing a list under this subsection. Each list must contain the name, date of
birth, address, county of residence, and citizenship status of each person listed. If
practical, each list must contain any other information useful in determining if the
person is qualified to serve as a juror.
(j) Notwithstanding Subsection (a), in a county with a population of 250,000 or
more, the names of persons who are summoned for jury service in the county and who
appear for service must be removed from the jury wheel and may not be maintained in the
jury wheel until the third anniversary of the date the person appeared for service or
until the next date the jury wheel is reconstituted, whichever date occurs earlier.
This subsection applies regardless of whether the person served on a jury as a result of
the summons.
(k) In reconstituting the jury wheel, the county or district clerk shall update
jury wheel cards to reflect addresses that have been changed as provided by Section
62.0146.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st
Leg., ch. 132, § 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 789, § 1,
eff. June 15, 1989; Acts 1991, 72nd Leg., ch. 442, § 1, eff. Jan. 1, 1992; Acts
1997, 75th Leg., ch. 425, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 640,
§ 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 571, § 1, eff. June 11,
2001.
§ 62.002. JURY WHEEL CARDS. (a) The officials or their deputies who
reconstitute the jury wheel shall write on a separate jury wheel card of uniform size
and color the name and, if possible, the post office address of each prospective juror
that resides in the county and whose name appears on the current lists used under
Section 62.001. The name of each prospective juror may appear on only one card.
(b) In a county with a population of 140,000 or more, the commissioners court
shall employ typists who shall type the names and addresses of qualified prospective
jurors on separate jury wheel cards of uniform size and color under the direction and
control of the district clerk. The expenses incurred in typing the names and addresses
must be authorized, reported, and paid and accounted for under the laws and rules that
govern the payment of other expenses of the office of district clerk. The compensation
of the typists and the expenses are paid from the jury fund.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st
Leg., ch. 132, § 2, eff. Sept. 1, 1989.
§ 62.003. CONSTRUCTION AND SECURITY OF JURY WHEEL. (a) The commissioners
court shall provide a jury wheel in which to deposit the jury wheel cards.
(b) The jury wheel must revolve freely on its axle and be constructed of a
durable material. The jury wheel may be equipped with a motor capable of revolving the
wheel in a manner that thoroughly mixes the jury wheel cards.
(c) At all times that it is not in use as provided by this subchapter, the jury
wheel shall be locked by using two separate locks. The key to one lock may not open the
other lock. The clasps attached to the jury wheel onto which the two locks are fitted
must be arranged so that the jury wheel may be opened only if the two locks are unlocked
at the same time. The sheriff shall keep the key to one lock. The district clerk shall
keep the key to the other lock.
(d) The sheriff and the district clerk may not open the jury wheel or permit it
to be opened except at a time and in a manner authorized by this subchapter, or permit
another person to open the wheel if the person is not authorized by this subchapter to
open the wheel.
(e) The sheriff and the district clerk shall keep the jury wheel, when not in
use, in a safe place with security that prevents anyone from tampering with the jury
wheel.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.004. DRAWING NAMES FOR JURY LISTS. (a) The county clerk and the
sheriff of the county shall draw the names of the prospective jurors for a county court
from the jury wheel in the presence and under the direction of the county judge. The
district clerk and the sheriff or any constable of the county shall draw the names of
the prospective jurors for a justice court, county court at law, or district court from
the jury wheel in the presence and under the direction of the district judge.
(b) The county or district clerk and the sheriff or constable shall draw the
names of prospective jurors from the jury wheel after the wheel has been turned to
thoroughly mix the jury wheel cards and shall draw the names one by one if so directed
by the judge in whose presence the names are drawn. The names of prospective jurors
shall be drawn at least 10 days before the first day of the term of court.
(c) The county or district clerk and the sheriff or constable shall draw as
many jury lists as are required for the term of court. They shall record the names that
are drawn on as many lists as the judge in whose presence the names are drawn considers
necessary to ensure an adequate number of jurors for the term.
(d) A deputy may represent the county or district clerk or the sheriff or
constable at the drawing. Other persons may be present only as provided by this
subchapter.
(e) An official attending the drawing may not divulge to anyone the name of a
person that is drawn as a prospective juror.
(f) The names of additional prospective jurors may be drawn as needed in the
manner provided by this section if it appears at any time during the term of court that
the jury lists already drawn will be exhausted before the term expires.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd
Leg., ch. 7, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 36, § 1, eff.
Sept. 1, 1997; Acts 2005, 79th Leg., ch. 1114, § 1, eff. June 18, 2005.
§ 62.005. OBSERVATION OF DRAWING OF NAMES. (a) On written application of a
party in a case that is pending on the docket of a justice, county, or district court
for which a jury is required, the party or his authorized representative may be present
and observe the drawing of the names of prospective jurors from the jury wheel and the
placement of the names on the jury lists for the time period in which the party's case
is set for trial.
(b) The identity of the persons whose names are drawn from the jury wheel and
placed on the jury lists may not be revealed to the observer.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd
Leg., ch. 7, § 2, eff. Sept. 1, 1991.
§ 62.006. CERTIFICATION OF JURY LISTS. (a) The county or district clerk or
the clerk's deputy who draws the names of prospective jurors and the judge in whose
presence the names were drawn for placement on jury lists shall certify the jury lists
to be the lists drawn for that term.
(b) Each certified jury list must be sealed in a separate envelope that is
endorsed, "List No. ______ of the petit jurors drawn on the ______ day of __________,
19____, for the ______ Court of __________ County." The blanks in the endorsement on an
envelope must be properly filled. The envelopes shall be consecutively numbered
starting with the number one.
(c) The county or district clerk or the clerk's deputy who draws the names
shall write his name across the seal of each envelope and deliver the envelopes to the
judge in whose presence the names were drawn.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.007. ENVELOPES CONTAINING JURY LISTS; OATH. (a) The justice of the
peace or the county or district judge receiving an envelope containing a jury list shall
inspect the envelope for proper endorsement.
(b) The judge shall return the envelope to the county or district clerk or
clerk's deputy on completion of his inspection and may instruct the clerk or deputy to
endorse on the envelope that the jury for that week is to be summoned for a day other
than Monday of that week.
(c) At the time that the judge returns the envelope to the clerk or deputy, the
judge shall administer to the clerk and each of the clerk's deputies an oath that in
substance provides:
"You do solemnly swear that you will not open an envelope containing a jury list
now delivered to you nor permit an envelope to be opened until the time prescribed by
law; and that you will not communicate to any person the names appearing on a jury list
nor directly or indirectly converse or communicate with a person selected as a juror
about a case pending for trial in this court at its next term, so help you God."
(d) Immediately after the judge returns an envelope containing a jury list to
the clerk or deputy, the clerk shall file the envelope in a secure place in his office.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd
Leg., ch. 7, § 3, eff. Sept. 1, 1991.
§ 62.008. ENVELOPES CONTAINING JURY WHEEL CARDS. (a) At the time that
names are drawn for jury service and placed on a jury list, the jury wheel cards
containing the names on the jury list shall be sealed in a separate envelope that is
endorsed, "Cards containing the names of jurors on List No. ______ of the petit jurors
drawn on the ______ day of __________, 19____, for the ______ Court of __________
County." The blanks in the endorsement on an envelope shall be properly filled.
(b) The county or district clerk, as the case may be, shall retain unopened a
sealed envelope containing jury wheel cards in a secure manner until the jurors selected
from the jury list with names corresponding to those on the jury wheel cards in the
envelope are impaneled for jury service.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.009. REUSE OF JURY WHEEL CARDS. (a) After jurors are impaneled and
serve at least four days, the clerk or his deputy shall open the envelope containing the
jury wheel cards with names that correspond to those on a jury list from which the
impaneled jurors were selected for jury service.
(b) On opening the envelope, the clerk or his deputy shall immediately return
to the jury wheel each card in the envelope with the name of a person who was not
impaneled or who did not serve at least four days and shall place in a box, for use by
the next officials selecting names of persons for the jury wheel, each jury wheel card
in the envelope with the name of a person who served at least four days. However, the
clerk or deputy opening the envelope may withhold from the jury wheel all cards selected
for that jury list unless the judge orders him to return the cards to the jury wheel.
(c) If any of the jury lists drawn for a term of court are not used, the clerk
or his deputy, immediately after the expiration of the term, shall open the envelopes
containing the jury wheel cards with the names that appear on the unused lists and
return the jury wheel cards to the jury wheel.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.010. REFILLING OR REPLACEMENT OF JURY WHEEL. (a) If all the jury
wheel cards have been drawn from the jury wheel, jury wheel cards shall immediately be
returned to the jury wheel.
(b) If the jury wheel and its contents are lost or destroyed, the jury wheel
shall immediately be replaced and jury wheel cards shall immediately be placed in the
jury wheel as provided by this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.011. ELECTRONIC OR MECHANICAL METHOD OF SELECTION. (a) On the
recommendation of a majority of the district and criminal district judges of a county,
the commissioners court, by order entered in its minutes, may adopt a plan for the
selection of names of persons for jury service with the aid of electronic or mechanical
equipment instead of drawing the names from a jury wheel.
(b) A plan authorized by this section for the selection of names of prospective
jurors must:
(1) be proposed in writing to the commissioners court by a majority of
the district and criminal district judges of the county at a meeting of the judges
called for that purpose;
(2) specify that the source of names of persons for jury service is the
same as that provided by Section 62.001 and that the names of persons listed in a
register of persons exempt from jury service may not be used in preparing the record of
names from which a jury list is selected, as provided by Sections 62.108 and 62.109;
(3) provide a fair, impartial, and objective method of selecting names
of persons for jury service with the aid of electronic or mechanical equipment;
(4) designate the district clerk as the officer in charge of the
selection process and define his duties; and
(5) provide that the method of selection either will use the same
record of names for the selection of persons for jury service until that record is
exhausted or will use the same record of names for a period of time specified by the
plan.
(c) The provisions of this subchapter relating to the selection of names of
persons for jury service by the use of a jury wheel do not apply in a county that adopts
a plan authorized by this section for the selection of names of prospective jurors by
the use of electronic or mechanical equipment.
(d) A state agency or the secretary of state may not charge a fee for
furnishing a list of names required by Section 62.001.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st
Leg., ch. 132, § 3, 4, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 442, §
2, eff. Jan. 1, 1992; Acts 1995, 74th Leg., ch. 677, § 1, eff. Sept. 1, 1995.
§ 62.0111. COMPUTER OR TELEPHONE RESPONSE TO SUMMONS. (a) A plan
authorized under Section 62.011 for the selection of names of prospective jurors may
allow for a prospective juror to appear in response to a summons by:
(1) contacting the county officer responsible for summoning jurors by
computer;
(2) calling an automated telephone system; or
(3) appearing before the court in person.
(b) A plan adopted under Subsection (a) may allow for a prospective juror to
provide information to the county officer responsible for summoning jurors or for the
county officer to provide information to the prospective juror by computer or automated
telephone system, including:
(1) information that permits the court to determine whether the
prospective juror is qualified for jury service under Section 62.102;
(2) information that permits the court to determine whether the
prospective juror is exempt from jury service under Section 62.106;
(3) submission of a request by the prospective juror for a postponement
of or excuse from jury service under Section 62.110;
(4) information for jury assignment under Section 62.016, including:
(A) the prospective juror's postponement status;
(B) if the prospective juror could potentially serve on
a jury in a justice court, the residency of the prospective juror; and
(C) if the prospective juror could potentially serve on a jury
in a criminal matter, whether the prospective juror has been convicted of misdemeanor
theft;
(5) completion and submission by the prospective juror of the written
jury summons questionnaire under Section 62.0132;
(6) the prospective juror's electronic mail address; and
(7) notification to the prospective juror by electronic mail of:
(A) whether the prospective juror is qualified for jury
service; (B) the status of the exemption, postponement,
or judicial excuse request of the prospective juror; or
(C) whether the prospective juror has been assigned to a jury
panel. (c) The county officer responsible for summoning jurors shall purge the
electronic mail address of a prospective juror collected under Subsection (b):
(1) if the prospective juror serves on a jury, not later than the 30th
day after the date that:
(A) the county sends the person payment for jury service; or
(B) the county would otherwise send the person payment
for jury service, if the person has donated the payment under Section 61.003; or
(2) if the prospective juror does not serve on a jury, not later than
the 30th day after the date that the court releases the person from jury service.
Added by Acts 2003, 78th Leg., ch. 276, § 1, eff. Sept. 1, 2003.
§ 62.012. USE OF JURY LISTS. (a) When a justice of the peace or a county
or district judge requires a jury for a particular week, the judge, within a reasonable
time before the prospective jurors are summoned, shall notify the county clerk, for a
county court jury, or the district clerk, for a justice or district court jury, to open
the next consecutively numbered envelope containing a jury list that is in the clerk's
possession and has not been opened. The judge shall also notify the clerk of the date
that the prospective jurors are to be summoned to appear for jury service.
(b) On receiving the notice from the judge, the clerk shall immediately write
on the jury list the date that the prospective jurors are to be summoned to appear and
shall deliver the jury list to:
(1) the sheriff, for a county or district court jury; or
(2) the sheriff or constable, for a justice court jury.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd
Leg., ch. 7, § 4, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 424, § 1,
eff. Sept. 1, 1993.
§ 62.0125. SUMMONS FOR JURY SERVICE ON GENERAL ELECTION DAY PROHIBITED.
Prospective jurors may not be summoned to appear for jury service on the date of the
general election for state and county officers.
Added by Acts 2003, 78th Leg., ch. 398, § 1, eff. Sept. 1, 2003.
§ 62.013. SUMMONS FOR JURY SERVICE BY SHERIFF OR CONSTABLE. (a) Except as
provided by Section 62.014, the sheriff or constable, on receipt of a jury list from a
county or district clerk, shall immediately notify the persons whose names are on the
list to appear for jury service on the date designated by the judge.
(b) The sheriff or constable shall notify each prospective juror to appear for
jury service:
(1) by an oral summons; or
(2) if the judge ordering the summons so directs, by a written summons
sent by registered mail or certified mail, return receipt requested, or by first class
mail to the address on the jury wheel card or the address on the current voter
registration list of the county.
(c) Delivery of a written summons is sufficient if the mail containing the
summons is received by a person authorized by the United States Postal Service to
receive it.
(d) The content of an oral or written summons to appear for jury service is
sufficient if it includes the time and place for the appearance of the prospective juror
for jury service, the purpose for which he is to appear, and the penalty for his failure
to appear as required.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd
Leg., ch. 424, § 2, eff. Sept. 1, 1993.
§ 62.0131. FORM OF WRITTEN JURY SUMMONS. (a) The Office of Court
Administration of the Texas Judicial System shall develop and maintain a model for a
uniform written jury summons in this state.
(b) The model must include:
(1) the exemptions and restrictions governing jury service under Subchapter B; and
(2) the information under Chapter 122, Civil Practice and Remedies
Code, relating to the duties of an employer with regard to an employee who is summoned
for jury service.
(c) A written jury summons must conform with the model established under this
section.
(d) In developing and maintaining the model required by this section, the
Office of Court Administration of the Texas Judicial System shall solicit and consider
the opinions of the members of the judiciary, district clerks, and attorneys.
Added by Acts 1999, 76th Leg., ch. 539, § 1, eff. Sept. 1, 1999.
§ 62.0132. WRITTEN JURY SUMMONS QUESTIONNAIRE. (a) The Office of Court
Administration of the Texas Judicial System shall develop and maintain a questionnaire
to accompany a written jury summons.
(b) A written jury summons must include a copy of the questionnaire developed
under this section.
(c) The questionnaire must require a person to provide biographical and
demographic information that is relevant to service as a jury member, including the
person's:
(1) name, sex, race, and age;
(2) residence address and mailing address;
(3) education level, occupation, and place of employment;
(4) marital status and the name, occupation, and place of employment of
the person's spouse; and
(5) citizenship status and county of residence.
(d) A person who has received a written jury summons and a written jury summons
questionnaire shall complete and submit the questionnaire when the person reports for
jury duty.
(e) In developing and maintaining the questionnaire required by this section,
the Office of Court Administration of the Texas Judicial System shall solicit and
consider the opinions of the members of the judiciary, district clerks, and attorneys.
(f) Except as provided by Subsection (g), information contained in a completed
questionnaire is confidential and is not subject to Chapter 552.
(g) The information contained in a completed questionnaire may be disclosed to:
(1) a judge assigned to hear a cause of action in which the respondent
to the questionnaire is a potential juror;
(2) court personnel; and
(3) a litigant and a litigant's attorney in a cause of action in which
the respondent to the questionnaire is a potential juror.
Added by Acts 1999, 76th Leg., ch. 539, § 1, eff. Sept. 1, 1999.
§ 62.014. SUMMONS FOR JURY SERVICE BY BAILIFFS. (a) In a county with at
least nine district courts, the district judges may direct that prospective jurors be
summoned for jury service by the sheriff or by a bailiff, or an assistant or deputy
bailiff, in charge of the central jury room and the general panel of the county.
(b) A summons under this section to appear for jury service may be made
verbally in person, by registered mail, by ordinary mail, or by any other method as
determined by the district judges of the county.
(c) Prospective jurors summoned under this section for service on the general
jury panel serve as jurors in civil and criminal cases, and additional summons for
service in criminal cases is not required.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.0141. FAILURE TO ANSWER JURY SUMMONS. In addition to any criminal
penalty prescribed by law, a person summoned for jury service who does not comply with
the summons as required by law or who knowingly provides false information in a request
for an exemption or to be excused from jury service is subject to a contempt action
punishable by a fine of not less than $100 nor more than $1,000.
Added by Acts 1991, 72nd Leg., ch. 442, § 3, eff. Jan. 1, 1992. Amended by Acts
2005, 79th Leg., ch. 1360, § 3, eff. Sept. 1, 2005.
§ 62.0142. POSTPONEMENT OF JURY SERVICE.
Text of section as added by Acts 2005, 79th Leg., ch. 1360, § 4
(a) A person summoned for jury service may request a postponement of the
person's initial appearance for jury service. The person may request the postponement
by contacting the clerk of the court in person, in writing, or by telephone before the
date on which the person is summoned to appear.
(b) On receipt of a request under Subsection (a), the clerk of the court shall
grant the person a postponement if:
(1) the person has not been granted a postponement in that county
during the one-year period preceding the date on which the person is summoned to appear;
and
(2) the person and the clerk determine a substitute date on which the
person will appear for jury service that is not later than six months after the date on
which the person was originally summoned to appear.
(c) A person who receives a postponement under Subsection (b) may request a
subsequent postponement in the manner described by Subsection (a). The clerk of the
court may approve the subsequent postponement only because of an extreme emergency that
could not have been anticipated, such as a death in the person's family, sudden serious
illness suffered by the person, or a natural disaster or national emergency in which the
person is personally involved. Before the clerk may grant the subsequent postponement,
the person and the clerk must determine a substitute date on which the person will
appear for jury service that is not later than six months after the date on which the
person was to appear after the postponement under Subsection (b).
Added by Acts 2005, 79th Leg., ch. 1360, § 4, eff. Sept. 1, 2005.
For text of section as added by Acts 2005, 79th Leg., ch. 559, § 1, see §
62.0142, ante.
§ 62.0142. NOTICE ON WRITTEN SUMMONS.
Text of section as added by Acts 2005, 79th Leg., ch. 559, § 1
If a written summons for jury duty allows a person to claim a disqualification
or exemption by signing a statement and returning it to the clerk of the court, the form
must notify the person that by claiming a disqualification or exemption based on the
lack of citizenship or lack of residence in the county the person might no longer be
eligible to vote in the county.
Added by Acts 2005, 79th Leg., ch. 559, § 1, eff. Sept. 1, 2005.
For text of section as added by Acts 2005, 79th Leg., ch. 1360, § 4, see §
62.0142, post.
§ 62.0145. REMOVAL OF CERTAIN PERSONS FROM POOL OF PROSPECTIVE JURORS.
Except as provided by Section 62.0146, if a written summons for jury service sent by a
sheriff, constable, or bailiff is undeliverable, the county or district clerk may remove
from the jury wheel the jury wheel card for the person summoned or remove the person's
name from the record of names for selection of persons for jury service under Section
62.011.
Added by Acts 1997, 75th Leg., ch. 777, § 1, eff. Sept. 1, 1997. Amended by Acts
2001, 77th Leg., ch. 571, § 2, eff. June 11, 2001.
§ 62.0146. UPDATING ADDRESSES OF CERTAIN PERSONS IN POOL OF PROSPECTIVE
JURORS. If a written summons for jury service sent by a sheriff, constable, or bailiff
is returned with a notation from the United States Postal Service of a change of address
for the person summoned, the county or district clerk may update the jury wheel card to
reflect the person's new address.
Added by Acts 2001, 77th Leg., ch. 571, § 3, eff. June 11, 2001.
§ 62.015. SELECTION OF JURY PANEL. (a) On the day that jurors appear for
jury service in a justice, county, or district court, the judge, if jury trials have
been set, shall select from the names on the jury lists a sufficient number of qualified
jurors to serve on the jury panel.
(b) If the court at any time does not have a sufficient number of prospective
jurors present whose names are on the jury lists and who are not excused by the judge
from jury service, the judge shall order the sheriff or constable to summon additional
prospective jurors to provide the requisite number of jurors for the panel. The names
of additional jurors to be summoned by the sheriff or constable to fill a jury panel
shall be drawn from the jury wheel under orders of the judge. Additional jurors
summoned to fill a jury panel shall be discharged when their services are no longer
required.
(c) The judge may order all or part of a panel of jurors to stand adjourned
from jury service until a subsequent date in the term, but a juror may not be paid for
the time that he stands adjourned from jury service.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd
Leg., ch. 7, § 5, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 36, § 2, eff.
Sept. 1, 1997.
§ 62.016. INTERCHANGEABLE JURIES IN CERTAIN COUNTIES. (a) In each county
with at least three district or criminal district courts, the district judges shall meet
and determine the approximate number of prospective jurors that are reasonably necessary
for each week of the year for a general panel of jurors for service in the county court,
the justice courts, and all district and statutory county courts of the county. A
majority of the district judges may act to carry out the provisions of this section.
(b) The district judges shall order that the number of names of prospective
jurors that they determine are reasonably necessary for each week's general panel be
drawn from the jury wheel. They shall order the drawing of names of prospective jurors
for as many weeks in advance as they consider proper and may increase or decrease the
number of names drawn for any week.
(c) The district judges shall designate from time to time a judge to whom the
general panels report for jury service. The judge for the designated period shall
organize, control, and supervise the members of the general jury panel.
(d) The sheriff shall notify the persons whose names are drawn from the jury
wheel to appear before the designated judge for jury service. The judge shall hear the
excuses of the prospective jurors and swear them in for jury service for the week for
which they are to serve as jurors.
(e) When impaneled, the prospective jurors constitute a general jury panel for
service as jurors in all justice, county, and district courts in the county and shall be
used interchangeably in all of those courts. A county may summon jurors chosen for
service under this section to the justice court in the manner prescribed by Section
62.412.
(f) In the event of a deficiency of jurors to satisfy the jury requirements of
the justice, county, and district courts, the judge having control of the general jury
panel shall order a sufficient number of additional names drawn to meet the emergency.
The names of additional jurors for the general panel must be drawn from the jury wheel
except as provided by Section 62.011. The additional jurors act only as special jurors
and shall be discharged as soon as their services are no longer required.
(g) If it becomes necessary to reduce the number of persons on the general
panel for the week of its selection because of a lack of work in a court or for other
cause, the judge having control of the general jury panel shall cause the clerk to draw
from the general panel the number of names that the judge determines is required for the
week. The prospective jurors whose names are drawn shall continue to serve on the
general panel for the remainder of the week, and the others are excused.
(h) In a county with a population of more than 900,000, the district judges, by
a majority vote, may authorize the drawing of two general jury panels for the week, with
one to be used in the courts that have a criminal docket and the other to be used in the
courts that have a civil docket.
(i) Except as modified by this section and Section 62.011, the law governing
jury wheels applies in the counties that use general jury panels interchangeably in
their county and district courts.
(j) This section does not apply to a selection of jurors in a capital case or a
mental health proceeding.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th
Leg., ch. 148, § 2.80(a), eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 7, §
6, eff. Sept. 1, 1991; Acts 1999, 76th Leg., ch. 838, § 1, eff. June 18, 1999.
§ 62.017. INTERCHANGEABLE JURORS IN CERTAIN OTHER COUNTIES. (a) In a
county with two district courts, the judges of the two courts may meet at a time fixed
by them and determine the approximate number of prospective jurors that are reasonably
necessary for each week of the year for a general panel of jurors for service in both
district courts. The judges shall act together to carry out the provisions of this
section.
(b) The district judges may order that the number of names of prospective
jurors that they determine is reasonably necessary for each week's general panel be
drawn from the jury wheel. They may order the drawing of names of prospective jurors
for as many weeks in advance as they consider proper and may increase or decrease the
number of names drawn for any week.
(c) The district judges shall designate from time to time the judge to whom the
general panels report for jury service. The judge for the designated period shall
organize, control, and supervise the members of the general jury panel.
(d) The sheriff shall notify the persons whose names are drawn from the jury
wheel to appear before the designated judge for jury service. The judge shall hear the
excuses of the prospective jurors and swear them in for jury service for the week for
which they are to serve as jurors.
(e) When impaneled, the prospective jurors constitute a general jury panel for
service as jurors in both district courts in the county and shall be used
interchangeably in those courts. With the approval of both district judges, prospective
jurors impaneled under this section may constitute a general jury panel for service as
jurors in the justice courts, the county court, and all statutory county courts in the
county, in addition to service as jurors in both district courts, and in that event,
shall be used interchangeably in all district, justice, and county courts.
(f) In the event of a deficiency of jurors to satisfy the jury requirements of
any of the courts, the judge having control of the general jury panel shall order
sufficient additional names drawn to meet the emergency. The names of additional jurors
for the general panel must be drawn from the jury wheel except as provided by Section
62.011. The additional jurors act only as special jurors and shall be discharged as
soon as their services are no longer required.
(g) If it becomes necessary to reduce the number of persons on the general
panel for the week of its selection because of a lack of work in a court or for other
cause, the judge having control of the general jury panel shall cause the clerk to draw
from the general panel the number of names that the judge determines is required for the
week. The prospective jurors whose names are drawn shall continue to serve on the
general panel for the remainder of the week, and the others are excused.
(h) Except as modified by this section and Section 62.011, the law governing
jury wheels applies in the counties that use general jury panels interchangeably in
their courts.
(i) This section does not apply to a selection of jurors in a capital case or a
mental health commitment.
(j) The method for interchangeable jury panels authorized by this section is in
addition to the other methods authorized by this subchapter. The adoption of the method
provided by this section is in the discretion of the district judges of the counties
with two district courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd
Leg., ch. 7, § 7, eff. Sept. 1, 1991.
§ 62.0175. INTERCHANGEABLE JURORS IN COUNTIES WITH A SINGLE DISTRICT COURT
AND A SINGLE COUNTY COURT AT LAW WITH CONCURRENT JURISDICTION. (a) In a county with
only one district court and only one county court at law that has concurrent
jurisdiction with the district court in any matter, the judges of the two courts may
meet at a time set by them and determine the approximate number of prospective jurors
that are reasonably necessary for each week of the year for a general panel of jurors
for service in both courts. The judges shall act together to carry out the provisions
of this section.
(b) The judges may order that the number of names of prospective jurors that
they determine is reasonably necessary for each week's general panel be drawn from the
jury wheel. They may order the drawing of names of prospective jurors for as many weeks
in advance as they consider proper and may increase or decrease the number of names
drawn for any week.
(c) A general panel shall report to the district judge for jury service, and
the district judge shall organize, control, and supervise the members of the general
panel.
(d) The sheriff shall notify the persons whose names are drawn from the jury
wheel to appear before the district judge for jury service. The judge shall hear the
excuses of the prospective jurors and swear them in for jury service for the week for
which they are to serve as jurors.
(e) When impaneled, the prospective jurors constitute a general panel for
service as jurors in both courts and shall be used interchangeably in those courts.
With the approval of both judges, prospective jurors impaneled under this section may
constitute a general panel for service as jurors in the justice courts, the county
court, and all other county courts at law in the county, in addition to service as
jurors in the district court and the county court at law that has concurrent
jurisdiction. In that event, the general panel shall be used interchangeably in the
district court, county court, county courts at law, and justice courts.
(f) In the event of a deficiency of jurors to satisfy the jury requirements of
any of the courts, the district judge shall order sufficient additional names drawn to
meet the emergency. The names of additional jurors for the general panel must be drawn
from the jury wheel except as provided by Section 62.011. The additional jurors act
only as special jurors and shall be discharged as soon as their services are no longer
required.
(g) If it becomes necessary to reduce the number of persons on the general
panel for the week of its selection because of a lack of work in a court or for other
cause, the district judge shall cause the clerk to draw from the general panel the
number of names that the judge determines is required for the week. The prospective
jurors whose names are drawn shall continue to serve on the general panel for the
remainder of the week, and the others are excused.
(h) Except as modified by this section and Section 62.011, the law governing
jury wheels applies in the counties that use general panels interchangeably in their
courts.
(i) This section does not apply to a selection of jurors in a capital case or a
mental health commitment.
Added by Acts 2005, 79th Leg., ch. 1114, § 2, eff. June 18, 2005.
§ 62.018. QUARTERS FOR GENERAL PANELS. (a) The commissioners court of a
county that uses an interchangeable general jury panel shall provide a comfortable place
in or near the county courthouse for the use and convenience of the persons on the
panel.
(b) The persons on the panel shall stay in or conveniently near the place
provided for them when not in service so that they are at all times subject to service
in a court as provided by this subchapter without delaying the proceedings of the court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.019. BAILIFFS FOR GENERAL PANELS. (a) Except as provided by this
section, the sheriff of a county that uses an interchangeable general jury panel shall
assign one of his deputies to take care of the persons on the panel, provide for their
wants, and call them as their services are required by the judges of the courts using
the interchangeable jury panel. The assigned deputy has general control of the persons
on the panel when they are not in actual service as jurors.
(b) In a county with at least nine district courts, a majority of the district
judges, with the approval of the commissioners court, may appoint a bailiff, and the
assistant or deputy bailiffs that the judges consider necessary, to be in charge of the
central jury room and the general panel. If the district judges in such a county
appoint a bailiff and the necessary assistant or deputy bailiffs, the sheriff may not
assign a deputy to the central jury room and the general panel. If the district judges
do not appoint a bailiff to be in charge of the central jury room and the general panel,
the sheriff shall perform the duties in connection with the jury room and general panel
as provided by law.
(c) A bailiff or assistant or deputy bailiff appointed by the district judges
serves a two-year term beginning January 1 of each odd-numbered year. The salary of
each is set by the commissioners court on the recommendation of the district judges.
(d) The bailiffs and assistant and deputy bailiffs appointed by the district
judges shall take care of the general panel and perform the duties in connection with
the supervision of the central jury room and the general panel that are required by the
district judges. They may notify prospective jurors whose names are drawn from the jury
wheel or selected by other means provided by law to appear for jury service and may
serve notices on absent jurors as directed by the district judge having control of the
general jury panel.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.020. ALTERNATE JURORS. (a) In district court, the judge may direct
that not more than four jurors in addition to the regular jury be called and impaneled
to sit as alternate jurors.
(b) In county court, the judge may direct that not more than two jurors in
addition to the regular jury be called and impaneled to sit as alternate jurors.
(c) Alternate jurors shall be drawn and selected in the same manner as regular
jurors. An alternate juror must meet the same qualifications, is subject to the same
examination and challenges, shall take the same oath, has the same functions, powers,
and privileges, and shall be accorded the same facilities and security as a regular
juror.
(d) In the order in which they are called, alternate jurors shall replace
jurors who, prior to the time the jury retires to consider its verdict, become or are
found to be unable or disqualified to perform their duties. An alternate juror who does
not replace a regular juror shall be discharged after the jury retires to consider its
verdict.
(e) Each side is entitled to one peremptory challenge in addition to those
otherwise allowed by law or by rule if one or two alternate jurors are to be impaneled.
Each side is entitled to two peremptory challenges in addition to those otherwise
allowed by law or by rule if three or four alternate jurors are to be impaneled. The
additional peremptory challenges may be used against an alternate juror only, and the
other peremptory challenges allowed by law or by rule may not be used against an
alternate juror.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.021. DISMISSAL OF JUROR REMOVED FROM PANEL. In a county with a
population of 1.5 million or more, a prospective juror removed from a jury panel for
cause, by peremptory challenge or for any other reason, must be dismissed from jury
service. After dismissal, the person may not be placed on another jury panel until his
name is returned to the jury wheel and drawn again for jury service.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd
Leg., ch. 597, § 70, eff. Sept. 1, 1991.
SUBCHAPTER B. JUROR QUALIFICATIONS
§ 62.101. JURY SERVICE. All individuals are competent petit jurors unless
disqualified under this subchapter and are liable for jury service except as otherwise
provided by this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A person is
disqualified to serve as a petit juror unless the person:
(1) is at least 18 years of age;
(2) is a citizen of this state and of the county in which the person is
to serve as a juror;
(3) is qualified under the constitution and laws to vote in the county
in which the person is to serve as a juror;
(4) is of sound mind and good moral character;
(5) is able to read and write;
(6) has not served as a petit juror for six days during the preceding
three months in the county court or during the preceding six months in the district
court;
(7) has not been convicted of misdemeanor theft or a felony; and
(8) is not under indictment or other legal accusation for misdemeanor
theft or a felony.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th
Leg., ch. 801, § 4, eff. Sept. 1, 2005.
§ 62.103. SUSPENSION OF GENERAL QUALIFICATIONS. (a) A court may suspend
the qualification for jury service that requires a person to be able to read and write
if it appears to the court that the requisite number of jurors able to read and write
cannot be found in the county.
(b) A court may suspend the qualification for jury service that requires a
person to have less than six days of service as a petit juror during the preceding three
months in the county court or during the preceding six months in the district court if
it appears to the court that the county's sparse population makes its enforcement
seriously inconvenient.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.1031. FAILURE TO REGISTER TO VOTE. Failure to register to vote does
not disqualify a person from jury service.
Added by Acts 1989, 71st Leg., ch. 132, § 5, eff. Sept. 1, 1989.
§ 62.104. DISQUALIFICATION FOR LEGAL BLINDNESS. (a) A person who is
legally blind is not disqualified to serve as a juror in a civil case solely because of
his legal blindness except as provided by this section.
(b) A legally blind person is disqualified to serve as a juror in a civil case
if, in the opinion of the court, his blindness renders him unfit to serve as a juror in
that particular case.
(c) In this section, "legally blind" means having:
(1) no more than 20/200 of visual acuity in the better eye with correcting lenses; or
(2) visual acuity greater than 20/200, but with a limitation in the
field of vision such that the widest diameter of the visual field subtends an angle no
greater than 20 degrees.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.1041. DEAF OR HARD OF HEARING JUROR. (a) A deaf or hard of hearing
person is not disqualified to serve as a juror solely because of hearing loss except as
provided by this section.
(b) A deaf or hard of hearing person is disqualified to serve as a juror if, in
the opinion of the court, his hearing loss renders him unfit to serve as a juror in that
particular case.
(c) A deaf or hard of hearing person serving as a juror shall be reasonably
accommodated in accordance with the Americans with Disabilities Act (42 U.S.C. Section
12101 et seq.). An interpreter who is assisting a deaf or hard of hearing person
serving as a juror may accompany the juror during all proceedings and deliberations in
the case.
(d) If an interpreter is provided to a deaf or hard of hearing person serving
as a juror in a district, county, or justice court, the county shall pay the cost of
obtaining those services.
(e) A deaf or hard of hearing juror may request an auxiliary aid or service for
a municipal court proceeding. The city shall honor the request unless the city can
demonstrate that another effective means of communication exists. The city shall pay
the cost unless the auxiliary aid or service will result in a fundamental alteration of
the municipal court proceeding or in undue financial or administrative burdens.
(f) In this section, "deaf or hard of hearing" means having a hearing
impairment, regardless of the existence of a speech impairment, that inhibits
comprehension of an examination or proceeding or communication with others.
Added by Acts 1987, 70th Leg., ch. 550, § 1, eff. Sept. 1, 1987. Amended by Acts
1995, 74th Leg., ch. 271, § 1, eff. Sept. 1, 1995.
§ 62.105. DISQUALIFICATION FOR PARTICULAR JURY. A person is disqualified
to serve as a petit juror in a particular case if he:
(1) is a witness in the case;
(2) is interested, directly or indirectly, in the subject matter of the
case;
(3) is related by consanguinity or affinity within the third degree, as
determined under Chapter 573, to a party in the case;
(4) has a bias or prejudice in favor of or against a party in the case;
or
(5) has served as a petit juror in a former trial of the same case or
in another case involving the same questions of fact.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th
Leg., ch. 148, § 2.81, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 561, §
23, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 76, § 5.95(28), eff. Sept. 1,
1995.
§ 62.106. EXEMPTION FROM JURY SERVICE. (a) A person qualified to serve as
a petit juror may establish an exemption from jury service if the person:
(1) is over 70 years of age;
(2) has legal custody of a child younger than 10 years of age and the
person's service on the jury requires leaving the child without adequate supervision;
(3) is a student of a public or private secondary school;
(4) is a person enrolled and in actual attendance at an institution of
higher education;
(5) is an officer or an employee of the senate, the house of
representatives, or any department, commission, board, office, or other agency in the
legislative branch of state government;
(6) is summoned for service in a county with a population of at least
200,000, unless that county uses a jury plan under Section 62.011 and the period
authorized under Section 62.011(b)(5) exceeds two years, and the person has served as a
petit juror in the county during the 24-month period preceding the date the person is to
appear for jury service;
(7) is the primary caretaker of a person who is an invalid unable to
care for himself;
(8) except as provided by Subsection (b), is summoned for service in a
county with a population of at least 250,000 and the person has served as a petit juror
in the county during the three-year period preceding the date the person is to appear
for jury service; or
(9) is a member of the United States military forces serving on active
duty and deployed to a location away from the person's home station and out of the
person's county of residence.
(b) Subsection (a)(8) does not apply if the jury wheel in the county has been
reconstituted after the date the person served as a petit juror.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th
Leg., ch. 733, § 1, eff. Aug. 31, 1987; Acts 1987, 70th Leg., ch. 798, § 1,
eff. Aug. 31, 1987; Acts 1989, 71st Leg., ch. 2, § 8.35, eff. Aug. 28, 1989; Acts
1991, 72nd Leg., ch. 442, § 4, eff. Jan. 1, 1992; Acts 1997, 75th Leg., ch. 165,
§ 9.01, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 686, § 1, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 640, § 2, eff. Sept. 1, 1999; Acts 2003, 78th
Leg., ch. 153, § 1, eff. Sept. 1, 2003.
§ 62.107. PROCEDURES FOR ESTABLISHING EXEMPTIONS. (a) A person who is
notified to appear for jury service may establish an exemption from the service under
Section 62.106 without appearing in person by filing a signed statement of the ground of
his exemption with the clerk of the court before the date on which he is summoned to
appear.
(b) A person may also claim an exemption from jury service under Section 62.106
by filing with the sheriff, tax assessor-collector, or district or county clerk of the
county of his residence a sworn statement that sets forth the ground of and claims the
exemption. The name of a person who claims his exemption by filing the sworn statement
may not be placed in the jury wheel for the ensuing year.
(c) A person who files a statement with a clerk of the court, as provided by
Subsection (a), claiming an exemption because the person is over 70 years of age, may
also claim the permanent exemption on that ground authorized by Section 62.108 by
including in the statement filed with the clerk a declaration that the person desires
the permanent exemption. Promptly after a statement claiming a permanent exemption on
the basis of age is filed, the clerk of the court with whom it is filed shall have a
copy delivered to the county tax assessor-collector.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th
Leg., ch. 686, § 2, eff. Sept. 1, 1997.
§ 62.108. PERMANENT EXEMPTION FOR ELDERLY. (a) A person who is entitled to
exemption from jury service because the person is over 70 years of age may establish a
permanent exemption on that ground as provided by this section or Section 62.107.
(b) A person may claim a permanent exemption:
(1) by filing with the county tax assessor-collector, by mail or personal delivery, a
signed statement affirming that the person is over 70 years of age and desires a
permanent exemption on that ground; or
(2) in the manner provided by Section 62.107(c).
(c) The county tax assessor-collector shall maintain a current register
indicating the name of each person who has claimed and is entitled to a permanent
exemption from jury service because the person is over 70 years of age.
(d) The name of a person on the register of persons permanently exempt from
jury service may not be placed in the jury wheel or otherwise used in preparing the
record of names from which a jury is selected.
(e) A person who has claimed a permanent exemption from jury service because
the person is over 70 years of age may rescind the exemption at any time by filing a
signed request for the rescission with the county tax assessor-collector. Rescission of
a permanent exemption does not affect the right of a person who is over 70 years of age
to claim permanent exemption at a later time.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th
Leg., ch. 686, § 3, eff. Sept. 1, 1997.
§ 62.109. EXEMPTION FOR PHYSICAL OR MENTAL IMPAIRMENT OR INABILITY TO
COMPREHEND ENGLISH. (a) The judge of a district court by order may permanently or for a
specified period exempt from service as a juror in all the county and district courts in
the county a person with a physical or mental impairment or with an inability to
comprehend or communicate in the English language that makes it impossible or very
difficult for the person to serve on a jury.
(b) A person requesting an exemption under this section must submit to the
court an affidavit stating the person's name and address and the reason for and the
duration of the requested exemption. A person requesting an exemption due to a physical
or mental impairment must attach to the affidavit a statement from a physician. The
affidavit and physician's statement may be submitted to the court at the time the person
is summoned for jury service or at any other time.
(c) The clerk of the district court shall promptly notify the county tax
assessor-collector of the name and address of each person exempted and state whether the
exemption is permanent or for a specified period. The tax assessor-collector shall
maintain a current register showing separately the name and address of each person
permanently exempt from jury service under this section and the name and address of each
person exempt from jury service under this section for a specified period.
(d) A person listed on the register may not be summoned for jury service during
the period for which the person is exempt. The name of a person listed on the register
may not be placed in the jury wheel or otherwise used in preparing the record of names
from which a jury list is selected during the period for which the person is exempt.
(e) A person exempt from jury service under this section may rescind the
exemption at any time by filing a signed request for the rescission with the county tax
assessor-collector.
(f) An affidavit accompanying a request for an exemption from jury service
because of a physical or mental impairment may be presented by the affiant or by a
friend or relative of the affiant. The affidavit must state:
(1) the name and address of the physician whose statement accompanies
the affidavit;
(2) whether the request is for a permanent or temporary exemption;
(3) the period of time for which a temporary exemption is requested;
and (4) that as a direct result of the physical or mental impairment it is
impossible or very difficult for the affiant to serve on a jury.
(g) An affidavit accompanying a request for an exemption from jury service
because of an inability to comprehend or communicate in the English language must be
presented by the affiant in person. The affidavit must:
(1) be sworn to by the affiant in person before the district clerk or a
deputy district clerk; and
(2) be subscribed with a statement by a third party that the affidavit
was read to the affiant before signing and that the affiant stated that it was his
request to be permanently exempted from jury service in the county.
(h) The name and address of a person exempted from jury service under this
section shall be added to or deleted from the list or register at any time permitted by
law and when the names and addresses of eligible jurors are regularly deleted or added
to the list or register.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.110. JUDICIAL EXCUSE OF JUROR. (a) Except as provided by this
section, a court may hear any reasonable sworn excuse of a prospective juror, including
any claim of an exemption or a lack of qualification, and if the excuse is considered
sufficient shall release him from jury service entirely or until another day of the
term, as appropriate.
(b) Pursuant to a plan approved by the commissioners court of the county in the
same manner as a plan is approved for jury selection under Section 62.011, the court's
designee may:
(1) hear any reasonable excuse of a prospective juror, including any
claim of an exemption or a lack of qualification; and
(2) discharge the juror or release him from jury service until a
specified day of the term, as appropriate, if:
(A) the excuse is considered sufficient; and
(B) the juror submits to the court's designee a
statement of the ground of the exemption or lack of qualification or other excuse.
(c) The court or the court's designee as provided by this section may not
excuse a prospective juror for an economic reason unless each party of record is present
and approves the release of the juror for that reason.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th
Leg., ch. 589, § 3, eff. Aug. 31, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 43,
§ 4, eff. Oct. 20, 1987; Acts 2005, 79th Leg., ch. 905, § 2, eff. Sept. 1,
2005.
§ 62.111. PENALTY FOR DEFAULTING JURORS. A juror lawfully notified shall
be fined not less than $10 nor more than $100 if he:
(1) fails to attend court in obedience to the notice without reasonable
excuse; or
(2) files a false claim of exemption from jury service.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.112. EXCUSE OF JUROR FOR RELIGIOUS HOLY DAY. (a) In this section:
(1) "Religious organization" means an organization that meets the standards for
qualification as a religious organization under Section 11.20, Tax Code.
(2) "Religious holy day" means a day on which the tenets of a religious
organization prohibit its members from participating in secular activities, such as
court proceedings.
(b) If a prospective juror is required to appear at a court proceeding on a
religious holy day observed by the prospective juror, the court or the court's designee
shall release the prospective juror from jury service entirely or until another day of
the term. If the court determines that a term of a court proceeding may extend to cover
a day on which a religious holy day is observed by the prospective juror, the court or
the court's designee shall release the prospective juror from jury service entirely or
until another day of the term.
(c) A prospective juror who seeks to be released from jury service may be
required to file with the court an affidavit stating:
(1) the grounds for the release; and
(2) that the juror holds religious beliefs that prohibit him from
taking part in a court proceeding on the day for which the release from jury duty is
sought.
Added by Acts 1987, 70th Leg., ch. 589, § 4, eff. Aug. 31, 1987; Acts 1987, 70th
Leg., ch. 825, § 3, eff. Sept. 1, 1987.
§ 62.113. COMPILATION OF LIST OF NONCITIZENS. (a) The clerk of the court
shall maintain a list of the name and address of each person who is excused or
disqualified under this subchapter from jury service because the person is not a citizen
of the United States.
(b) On the third business day of each month, the clerk shall send a copy of the
list of persons excused or disqualified because of citizenship in the previous month to
the voter registrar of the county.
(c) A list compiled under this section may not be used for a purpose other than
a purpose described by Subsection (b) or Section 16.0332, Election Code.
(d) A person commits an offense if the person violates Subsection (c). An
offense under this section is a Class C misdemeanor.
Added by Acts 1997, 75th Leg., ch. 640, § 1, eff. Sept. 1, 1997.
§ 62.114. COMPILATION OF LIST OF NONRESIDENTS. (a) The clerk of the court
shall maintain a list containing the name and address of each person who is excused or
disqualified under this subchapter from jury service because the person is not a
resident of the county.
(b) On the third business day of each month, the clerk shall send to the voter
registrar of the county a copy of the list of persons excused or disqualified in the
previous month because the persons do not reside in the county.
(c) A list compiled under this section may not be used for a purpose other than
a purpose described by Subsection (b) or Section 15.081, Election Code.
(d) The voter registrar shall notify each person contained on a list sent to
the registrar under Subsection (b) at the address shown on the person's jury summons
that the person is being placed on the county's suspense list of registered voters
because of the person's excuse or disqualification from jury service based on
nonresidence in the county. The notice must include information describing how the
person may be removed from the suspense list and restored to regular voter registration
in the county.
Added by Acts 2005, 79th Leg., ch. 559, § 2, eff. Sept. 1, 2005.
SUBCHAPTER C. DISTRICT COURT JURIES
§ 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.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.202. MEALS DURING JURY DELIBERATION. (a) In a county in which the
commissioners court has approved payment by the county for meals for jurors who are
serving on a jury in a civil case, a district judge may keep the jurors together for
deliberation to expedite the final disposition of a civil case in the district court
instead of dismissing the jurors for meals.
(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. Not more than $3 per meal may be spent for a
juror serving on a jury in a civil case.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER D. COUNTY COURT AND JUSTICE COURT JURIES
§ 62.301. NUMBER OF JURORS. The jury in the county courts and in the
justice courts is composed of six persons.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd
Leg., ch. 424, § 4, eff. Sept. 1, 1993.
§ 62.302. DRAWING NAMES FOR JURY SERVICE IN CERTAIN COUNTY COURTS. (a) The
county judge or a judge of a county court at law may order the drawing of names from the
jury wheel if the judge considers the number of prospective jurors already drawn to be
insufficient or if an interchangeable general jury panel is not drawn as provided by
Section 62.016, 62.017, or 62.0175.
(b) The prospective jurors whose names are drawn as provided by this section
are available for service in the county court or county courts at law, as applicable,
and for the period of time reasonably required for the trials in the applicable kind of
court.
(c) The county judge and a judge of a county court at law concurrently have the
same power to determine and remedy a deficiency in the number of prospective jurors as
the district judge designated to control a general jury panel as provided by Section
62.016, 62.017, or 62.0175. Except as otherwise provided by this section, the
applicable general provisions in Subchapter A that govern the drawing of names of
prospective jurors by the district judge govern the drawing of names under this section.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 2005, 79th
Leg., ch. 1114, § 3, eff. June 18, 2005.
SUBCHAPTER E. JUSTICE COURT JURIES
§ 62.411. JUSTICE COURT RULES. (a) In addition to other methods of jury
selection provided by this chapter, a justice of the peace may issue a writ commanding
the sheriff or constable to immediately summon a venire from which six qualified persons
may be selected for jury service if:
(1) a jury case is pending for trial at a term of justice court; or
(2) the court does not have a sufficient number of prospective jurors
present whose names are on the jury list and who are not excused from jury service.
(b) Jurors who are empaneled shall remain in attendance in the court and, until
discharged by the court, may serve as jurors in any case before the court.
(c) This section applies only in a county with a population of more than 2.8
million.
Added by Acts 1995, 74th Leg., ch. 819, § 1, eff. Sept. 1, 1995.
§ 62.412. SUMMONING PROSPECTIVE JURORS DIRECTLY TO JUSTICE COURT. (a) A
county that uses interchangeable juries under Section 62.016 may summon a prospective
juror to report directly to a justice court in the precinct in which that person
resides.
(b) The justice of the peace of the justice court to which prospective jurors
are summoned for jury service under this section shall hear the excuses of the
prospective jurors and swear them in for jury service.
(c) A justice of the peace may command the sheriff or constable to immediately
summon additional persons for jury service in the justice court if the number of
qualified jurors, including persons summoned under Section 62.016, is less than the
number necessary for the justice court to conduct its proceedings.
Added by Acts 1999, 76th Leg., ch. 838, § 2, eff. June 18, 1999.
SUBCHAPTER F. MUNICIPAL COURT JURIES
§ 62.501. QUALIFICATION. To be eligible to serve on a jury of a municipal
court, including a municipal court of record, a person must be resident of the
municipality for which the court is established.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. § 72.001. DEFINITIONS. In this chapter:
(1) "Court" means any tribunal forming a part
of the judiciary. (2) "Director" means the administrative
director of the courts appointed as provided by this chapter.
(3) "Office" means the Office of Court Administration of the Texas
Judicial System.
(4) "Trial court" means any tribunal forming a part of the judiciary,
except the supreme court, the court of criminal appeals, and the courts of appeals, but
does not include the commissioners court of a county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th
Leg., ch. 148, § 2.83(a), eff. Sept. 1, 1987.
§ 72.002. EFFECT ON JUDICIAL DISCRETION. This chapter or a rule adopted by
the supreme court under Section 74.024 does not authorize an infringement of the
judicial discretion of a judge in the trying of a case properly before his court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th
Leg., ch. 148, § 2.84(a), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 646,
§ 5, eff. Aug. 28, 1989.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
§ 72.011. OFFICE OF COURT ADMINISTRATION. (a) The office of court
administration is an agency of the state and operates under the direction and
supervision of the supreme court and the chief justice of the supreme court.
(b) The office shall exercise the powers and perform the duties or functions
imposed on the office by this chapter or the supreme court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th
Leg., ch. 148, § 2.85(a), eff. Sept. 1, 1987.
§ 72.012. DIRECTOR. (a) The director shall:
(1) implement this chapter and direct the operations of the office of
court administration; and
(2) as an additional duty of his office, serve as the executive
director of the Texas Judicial Council.
(b) The director shall devote full time to his official duties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th
Leg., ch. 148, § 2.86(a), eff. Sept. 1, 1987.
SUBCHAPTER C. POWERS AND DUTIES
§ 72.021. BUDGET; EXPENDITURES. (a) The director shall prepare and submit
an estimated budget for the appropriation of funds necessary for the maintenance and
operation of the judicial system.
(b) The director shall study and recommend expenditures and savings of funds
appropriated for the maintenance and operation of the judicial system.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th
Leg., ch. 148, § 2.87(a), eff. Sept. 1, 1987.
§ 72.022. PERSONNEL. (a) The director, with the approval of the chief
justice of the supreme court, shall employ the personnel needed to administer the
office, including personnel needed for the Texas Judicial Council.
(b) The office shall provide staff functions necessary for the efficient
operation of the Texas Judicial Council.
(c) This chapter does not limit the authority of a court to appoint clerical
personnel.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 72.023. CONSULTATION AND ASSISTANCE. (a) The director shall assist the
justices and judges in discharging their administrative duties.
(b) The director shall consult with the regional presiding judges and local
administrative judges and assist them in discharging duties imposed by law or by a rule
adopted by the supreme court.
(c) The director, to provide for the efficient administration of justice, shall
consult with and assist:
(1) court clerks;
(2) other court officers or employees; and
(3) clerks or other officers or employees of offices related to and
serving a court.
(d) The director, to provide for uniform administration of the courts and
efficient administration of justice, shall consult with and make recommendations to
administrators and coordinators of the courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th
Leg., ch. 148, § 2.88(a), eff. Sept. 1, 1987.
§ 72.024. METHODS; RECOMMENDATIONS. (a) The director shall examine the
judicial dockets, practices, and procedures of the courts and the administrative and
business methods or systems used in the office of a clerk of a court or in an office
related to and serving a court.
(b) The director shall recommend:
(1) a necessary improvement to a method or system;
(2) a form or other document used to record judicial business; or
(3) any other change that will promote the efficient administration of justice.
(c) The director shall recommend to the supreme court appropriate means to
implement this chapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th
Leg., ch. 148, § 2.89(a), eff. Sept. 1, 1987.
§ 72.025. ANNUAL REPORT. (a) The director shall prepare an annual report
of the activities of the office.
(b) The report must be published in the annual report of the Texas Judicial
Council.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 72.026. RULES. The director, under the supervision of the chief justice,
shall implement a rule of administration or other rules adopted by the supreme court for
the efficient administration of justice.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th
Leg., ch. 148, § 2.90(a), eff. Sept. 1, 1987.
§ 72.027. ADDITIONAL DUTIES. The supreme court or the chief justice of the
supreme court may assign the director duties in addition to those imposed by this
chapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th
Leg., ch. 148, § 2.91(a), eff. Sept. 1, 1987.
§ 72.028. GIFTS, GRANTS, AND DONATIONS. (a) Except as provided by
Subsection (b), the office may request, accept, and administer gifts, grants, and
donations from any source to carry out the purposes of this chapter.
(b) The office may not request, accept, or administer a gift, grant, or
donation from a law firm, an attorney, an employee of a law firm or attorney, or the
spouse of an attorney or of an employee of a law firm or an attorney.
(c) In this section, "law firm" means a partnership, limited liability
partnership, or professional corporation organized for the private practice of law.
Added by Acts 1997, 75th Leg., ch. 183, § 1, eff. Sept. 1, 1997.
§ 72.030. COLLECTION OF DATA RELATING TO JUDICIAL TURNOVER.
Text of section effective December 1, 2005
(a) The office biennially shall collect data relating to:
(1) the rate at which state judges resign from office or do not seek reelection; and
(2) the reason for action under Subdivision (1).
(b) Not later than December 1 of each even-numbered year, the office shall file
a report containing the data collected under Subsection (a) for the preceding state
fiscal biennium with the governor, the lieutenant governor, the speaker of the house of
representatives, and the presiding officers of the standing committees of each house of
the legislature with jurisdiction over the judiciary or appropriations.
(c) The report filed under Subsection (b) must include the following findings:
(1) whether the compensation of state judges exceeds, is equal to, or
is less than the compensation of judges at corresponding levels in the five states
closest in population to this state; and
(2) whether the compensation of state judges exceeds, is equal to, or
is less than the average salary of lawyers engaged in the private practice of law.
(d) The purpose of filing the report with the legislature is to provide the
legislature with information to facilitate legislation that ensures that the
compensation of state judges is adequate and appropriate.
Added by Acts 2005, 79th Leg., ch. 3, § 8, eff. Dec. 1, 2005.
SUBCHAPTER D. JUDICIAL LAW CLERK AND STAFF ATTORNEY RECRUITMENT
§ 72.041. DIVERSITY. The judges of the supreme court, court of criminal
appeals, and courts of appeals shall encourage the recruitment of judicial law clerks
and staff attorneys that reflect the gender, racial, and ethnic diversity of this state.
Added by Acts 1997, 75th Leg., ch. 1327, § 2, eff. Sept. 1, 1997.
§ 72.042. DEMOGRAPHIC CENSUS. (a) The office shall annually publish a
report regarding the demographic profile of the judicial law clerks and attorneys
employed by the courts of this state.
(b) The office may request that a court provide demographic information to the
office.
Added by Acts 1997, 75th Leg., ch. 1327, § 2, eff. Sept. 1, 1997.
SUBCHAPTER E. COURT PERFORMANCE STANDARDS
§ 72.081. RULES. The office shall adopt rules and forms for administering
this subchapter and for obtaining information under this subchapter.
Added by Acts 1997, 75th Leg., ch. 1327, § 3, eff. Sept. 1, 1997.
§ 72.082. PERFORMANCE REPORT. The office shall annually collect and
publish a performance report of information regarding the efficiency of the courts of
this state.
Added by Acts 1997, 75th Leg., ch. 1327, § 3, eff. Sept. 1, 1997.
§ 72.083. TRIAL COURTS. The office shall report the aggregate clearance
rate of cases for the district courts. In this section, "clearance rate" means the
number of cases disposed of by the district courts divided by the number of cases added
to the dockets of the district courts.
Added by Acts 1997, 75th Leg., ch. 1327, § 3, eff. Sept. 1, 1997.
§ 72.084. COURT OF APPEALS. A court of appeals shall annually report to
the office:
(1) the number of cases filed with the court during the reporting year;
(2) the number of cases disposed of by the court during the reporting
year;
(3) for active cases on the docket of the court on the reporting date,
the average number of days from the date of submission of the case to the court until
the reporting date; and
(4) for each case disposed of during the reporting year by the court,
the number of days from the date of submission of the case to the court until the date
of disposition of the case by the court.
Added by Acts 1997, 75th Leg., ch. 1327, § 3, eff. Sept. 1, 1997.
§ 72.085. COURT OF CRIMINAL APPEALS. The court of criminal appeals shall
annually report to the office:
(1) the number of cases filed with the court during the reporting year
involving:
(A) capital punishment;
(B) an application for writ of habeas corpus; or
(C) a petition for discretionary review;
(2) the number of cases disposed of by the
court during the reporting year involving:
(A) capital punishment;
(B) an application for writ of habeas corpus; or
(C) a petition for discretionary review;
(3) the average number of days from the date a
case was filed with the court until the reporting date, for each active case on the
docket of the court on the reporting date involving:
(A) capital punishment;
(B) an application for writ of habeas corpus; or
(C) a petition for discretionary review; and
(4) the average number of days from the date a
case was filed with the court until the date the case was disposed of by the court, for
each case disposed of during the reporting year by the court involving:
(A) capital punishment;
(B) an application for writ of habeas corpus; or
(C) a petition for discretionary review.
Added by Acts 1997, 75th Leg., ch. 1327, § 3, eff. Sept. 1, 1997.
§ 72.086. SUPREME COURT. (a) The supreme court shall annually report to
the office:
(1) the number of cases filed with the court during the reporting year;
(2) the number of cases disposed of by the court during the reporting
year;
(3) for the active cases on the docket of the court on the reporting
date, the average number of days from the date a case was filed with the court until the
reporting date; and
(4) for the cases disposed of during the reporting year by the court,
the average number of days from the date a case was filed with the court until the date
of release of the court's opinion for the case or the date the case was otherwise
disposed of by the court.
(b) For cases on the docket of the court during the reporting year, the supreme
court shall annually report to the office:
(1) the average number of days from the date a case is filed with the
court until the date the court releases an order announcing its decision granting,
overruling, denying, or dismissing an application, petition, or motion;
(2) the average number of days from the date of the granting of an
application, petition, or motion until the date of oral argument of the case;
(3) the average number of days from the date of the oral argument of
the case until the date the court issues a signed opinion and judgment for the case;
and
(4) the average number of days from the date of filing of a case with
the court until the date of the release of a per curiam opinion.
Added by Acts 1997, 75th Leg., ch. 1327, § 3, eff. Sept. 1, 1997. § 73.001. AUTHORITY TO TRANSFER. The supreme court
may order cases transferred from one court of appeals to another at any time that, in
the opinion of the supreme court, there is good cause for the transfer.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 73.002. JURISDICTION WHEN TRANSFERRED. (a) The court of appeals to which
a case is transferred has jurisdiction of the case without regard to the district in
which the case originally was tried and to which it is returnable on appeal.
(b) The court to which a case is transferred shall deliver, enter, and render
the opinions, orders, and decisions in a transferred case at the place where the court
to which the case is transferred regularly sits as provided by law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 73.003. ORAL ARGUMENT. (a) Except as provided by Subsections (b) and
(e), the justices of the court of appeals to which a case is transferred shall hear oral
argument, after due notice to the parties or their attorneys, at the place from which
the case is originally transferred.
(b) If requested by all parties or their attorneys, the oral argument in a
transferred case may be heard in the regular place of the court to which the case is
transferred.
(c) If a case is transferred to a court that regularly sits not more than 35
miles from the place the court from which the case was transferred regularly sits, the
court, at the discretion of its chief justice and after notice to the parties or their
counsel, may hear oral arguments at the place it regularly sits. For purposes of this
subsection, the place where a court of appeals regularly sits is that specified in
Subchapter C, Chapter 22, and the mileage between the places is that determined by the
comptroller under Chapter 660.
(d) The actual and necessary traveling and living expenses of the justices in
hearing an oral argument at the place from which the case is transferred shall be paid
by the state from funds appropriated for that purpose.
(e) At the discretion of its chief justice, a court to which a case is
transferred may hear oral argument through the use of teleconferencing technology as
provided by Section 22.302. The court and the parties or their attorneys may
participate in oral argument from any location through the use of teleconferencing
technology. The actual and necessary expenses of the court in hearing an oral argument
through the use of teleconferencing technology shall be paid by the state from funds
appropriated for the transfer of case, as specified in Subsection (d).
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th
Leg., ch. 148, § 2.92(a), eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 76, §
5.95(106), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 732, § 2, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1085, § 1, eff. Sept. 1, 1999. § 74.001. MEETINGS.
(a) The chief justice shall call and preside over an annual meeting of the presiding
judges of the administrative judicial regions on a date and at a time and place in the
state designated by the chief justice.
(b) The chief justice may call and convene additional meetings of the regional
presiding judges or local administrative judges that he considers necessary for the
promotion of the orderly and efficient administration of justice.
(c) At the meetings, the judges shall:
(1) study the statistics reflecting the condition of the dockets of the courts of the
state to determine the need for the assignment of judges under Subchapter C;
(2) compare the regional and local rules of court to achieve the
uniformity of rules that is practicable and consistent with local conditions;
(3) consider uniformity in the administration of this chapter in the
various administrative regions; and
(4) promote more effective administration of justice through the use of
this chapter.
(d) The expenses of the judges attending these meetings shall be paid as
provided by Sections 74.043 and 74.061.
Added by Acts 1987, 70th Leg., ch. 148, § 2.93(a), eff. Sept. 1, 1987.
§ 74.003. ASSIGNMENT OF JUSTICES AND JUDGES FOR APPELLATE COURTS. (a) The
chief justice of the supreme court may temporarily assign a justice of a court of
appeals to another court of appeals regardless of whether a vacancy exists in the court
of appeals to which the justice is assigned.
(b) The chief justice of the supreme court may assign a qualified retired
justice or judge of the supreme court, of the court of criminal appeals, or of a court
of appeals to a court of appeals for active service regardless of whether a vacancy
exists in the court to which the justice is assigned. To be eligible for assignment
under this subsection, a retired justice or judge must:
(1) have served as an active justice or judge for at least 96 months in
a district, statutory probate, statutory county, or appellate court, with at least 48 of
those months in an appellate court;
(2) not have been removed from office;
(3) certify under oath to the chief justice of the supreme court, on a
form prescribed by the chief justice, that:
(A) the justice or judge has never been publicly reprimanded or
censured by the State Commission on Judicial Conduct; and
(B) the justice or judge:
(i) did not resign or retire from office after
the State Commission on Judicial Conduct notified the justice or judge of the
commencement of a full investigation into an allegation or appearance of misconduct or
disability of the justice or judge as provided in Section 33.022 and before the final
disposition of that investigation; or
(ii) if the justice or judge did resign from office
under circumstances described by Subparagraph (i), the justice or judge was not publicly
reprimanded or censured as a result of the investigation;
(4) annually demonstrate that the justice or judge has completed in the
past state fiscal year the educational requirements for active appellate court justices
or judges; and
(5) certify to the chief justice of the supreme court a willingness not
to appear and plead as an attorney in any court in this state for a period of two years.
(c) An active or retired justice or judge assigned as provided by this section
out of the county of his residence is entitled to receive the same expenses and per diem
as those allowed a district judge assigned as provided by Subchapter C. The state shall
pay the expenses and per diem on certificates of approval by the chief justice of the
supreme court or the chief justice of the court of appeals to which the justice or judge
is assigned. The compensation authorized by this subsection is in addition to all other
compensation authorized by law.
(d) An active justice assigned out of the county of his residence as provided
by this section is entitled to receive, pro rata for the time serving on assignment,
supplemental compensation from the county or counties paying supplemental compensation
under Chapter 31 to an associate justice of the court of appeals to which the justice is
assigned.
(e) A retired justice or judge assigned as provided by this section is entitled
to receive, pro rata for the time serving on assignment, from money appropriated from
the general revenue fund for that purpose, an amount equal to the compensation received
from state and county sources by a justice of the court of appeals to which assigned.
(f) For the purposes of Subsection (b)(1), a month of service is calculated as
a calendar month or a portion of a calendar month in which a justice or judge was
authorized by election or appointment to preside.
(g) Subsection (b)(1) does not apply to a retired justice of the supreme court.
(h) Notwithstanding any other provision of law, an active district court judge
may be assigned to hear a matter pending in an appellate court.
Added by Acts 1987, 70th Leg., ch. 148, § 2.93(a), eff. Sept. 1, 1987. Amended by
Acts 1991, 72nd Leg., ch. 785, § 1, 7, eff. June 16, 1991; Acts 2003, 78th Leg.,
ch. 315, § 7, 8, eff. Sept. 1, 2003.
§ 74.004. SUPERVISION OF OFFICE OF COURT ADMINISTRATION. The chief justice
shall direct and supervise the office of court administration.
Added by Acts 1987, 70th Leg., ch. 148, § 2.93(a), eff. Sept. 1, 1987.
§ 74.005. APPOINTMENT OF REGIONAL PRESIDING JUDGES. (a) The governor, with
the advice and consent of the senate, shall appoint one judge in each administrative
region as presiding judge of the region.
(b) On the death, resignation, or expiration of the term of office of a
presiding judge, the governor immediately shall appoint or reappoint a presiding judge.
Added by Acts 1987, 70th Leg., ch. 148, § 2.93(a), eff. Sept. 1, 1987.
§ 74.006. SUPREME COURT DUTIES. The chief justice shall ensure that the
supreme court executes and implements the court's administrative duties and
responsibilities under this chapter.
Added by Acts 1987, 70th Leg., ch. 148, § 2.93(a), eff. Sept. 1, 1987.
§ 74.007. COMMITTEES. The chief justice, subject to the approval of the
supreme court, shall name and appoint members to committees necessary or desirable for
the efficient administration of justice or to carry out the provisions of this chapter.
Added by Acts 1987, 70th Leg., ch. 148, § 2.93(a), eff. Sept. 1, 1987.
SUBCHAPTER B. SUPREME COURT
§ 74.021. SUPERVISORY AND ADMINISTRATIVE CONTROL. The supreme court has
supervisory and administrative control over the judicial branch and is responsible for
the orderly and efficient administration of justice.
Added by Acts 1987, 70th Leg., ch. 148, § 2.93(a), eff. Sept. 1, 1987.
§ 74.022. CHANGES IN NUMBER OF COURTS. (a) The supreme court shall assess
the need for adding, consolidating, eliminating, or reallocating existing appellate
courts.
(b) The supreme court shall promulgate rules, regulations, and criteria to be
used in assessing those needs.
(c) The supreme court shall recommend to the regular session of the legislature
convening in the third year following the year in which the federal decennial census is
taken any needed changes in the number or allocation of those courts.
Added by Acts 1987, 70th Leg., ch. 148, § 2.93(a), eff. Sept. 1, 1987. Amended by
Acts 1995, 74th Leg., ch. 639, § 1, eff. Sept. 1, 1995.
§ 74.023. DIRECTOR OF OFFICE OF COURT ADMINISTRATION. (a) The supreme
court shall appoint the administrative director of the courts for the office of court
administration.
(b) The director serves at the pleasure of the supreme court and shall be
subordinate to, and act by the authority and under the direction of, the chief justice.
Added by Acts 1987, 70th Leg., ch. 148, § 2.93(a), eff. Sept. 1, 1987.
§ 74.024. RULES. (a) The supreme court may adopt rules of administration
setting policies and guidelines necessary or desirable for the operation and management
of the court system and for the efficient administration of justice.
(b) The supreme court shall request the advice of the court of criminal appeals
before adopting rules affecting the administration of criminal justice.
(c) The supreme court may consider the adoption of rules relating to:
(1) nonbinding time standards for pleading, discovery, motions, and dispositions;
(2) nonbinding dismissal of inactive cases from dockets, if the
dismissal is warranted;
(3) attorney's accountability for and incentives to avoid delay and to
meet time standards;
(4) penalties for filing frivolous motions;
(5) firm trial dates;
(6) restrictive devices on discovery;
(7) a uniform dockets policy;
(8) formalization of settlement conferences or settlement programs;
(9) standards for selection and management of nonjudicial personnel;
(10) transfer of related cases for consolidated or coordinated pretrial
proceedings; and
(11) the conducting of proceedings under Rule 11, Rules of Judicial
Administration, by a district court outside the county in which the case is pending.
(d) Any rules adopted under this section remain in effect unless and until
disapproved by the legislature. The clerk of the supreme court shall file with the
secretary of state the rules or any amendments to the rules adopted by the supreme court
under this section and shall mail a copy of the rules and any amendments to each
registered member of the State Bar not later than the 120th day before the date on which
they become effective. The supreme court shall allow a period of 60 days for review and
comment on the rules and any amendments. The clerk of the supreme court shall report
the rules or amendments to the rules to the next regular session of the legislature by
mailing a copy of the rules or amendments to the rules to each elected member of the
legislature on or before December 1 immediately preceding the session.
Added by Acts 1987, 70th Leg., ch. 674, § 2.01, eff. Sept. 1, 1987. Amended by
Acts 2003, 78th Leg., ch. 204, § 3.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg.,
ch. 747, § 1, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 728, § 8.001,
eff. Sept. 1, 2005.
§ 74.025. EDUCATION PROGRAMS. The court of criminal appeals shall, if
adequate funding is available for education programs for judges and court personnel,
ensure that adequate education programs are available on an equitable basis for judges
and court personnel of courts created under the constitution and laws of this state.
Added by Acts 1987, 70th Leg., ch. 674, § 2.10, eff. Sept. 1, 1987. Amended by
Acts 1993, 73rd Leg., ch. 896, § 7, eff. Sept. 1, 1993.
SUBCHAPTER C. ADMINISTRATIVE JUDICIAL REGIONS
§ 74.041. DEFINITIONS. In this chapter:
(1) "Administrative region" means an administrative judicial region
created by Section 74.042.
(2) "Presiding judge" means the presiding judge of an administrative
region.
(3) "Retiree" means a person who has retired under the Judicial
Retirement System of Texas, the Judicial Retirement System of Texas Plan One, or the
Judicial Retirement System of Texas Plan Two.
(4) "Active judge" means a person who is a current judicial
officeholder. (5) "Former judge" means a person who has served as an active
judge in a district, statutory probate, statutory county, or appellate court, but who is
not a retired judge.
(6) "Retired judge" means:
(A) a retiree; or
(B) a person who served as an active judge for at least
96 months in a statutory probate or statutory county court and has retired under the
Texas County and District Retirement System.
(7) "Senior judge" means a retiree who has elected to be a judicial
officer under Section 75.001.
Renumbered from V.T.C.A., Government Code § 74.001 and amended by Acts 1987, 70th
Leg., ch. 148, § 2.93(a), eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch.
646, § 6, eff. Aug. 28, 1989; Acts 2003, 78th Leg., ch. 315, § 9, eff. Sept.
1, 2003.
§ 74.042. ADMINISTRATIVE REGIONS. (a) The state is divided into nine
administrative judicial regions.
(b) The First Administrative Judicial Region is composed of the counties of
Anderson, Bowie, Camp, Cass, Cherokee, Collin, Dallas, Delta, Ellis, Fannin, Franklin,
Grayson, Gregg, Harrison, Henderson, Hopkins, Houston, Hunt, Kaufman, Lamar, Marion,
Morris, Nacogdoches, Panola, Rains, Red River, Rockwall, Rusk, Shelby, Smith, Titus,
Upshur, Van Zandt, and Wood.
(c) The Second Administrative Judicial Region is composed of the counties of
Angelina, Bastrop, Brazoria, Brazos, Burleson, Chambers, Fort Bend, Freestone,
Galveston, Grimes, Hardin, Harris, Jasper, Jefferson, Lee, Leon, Liberty, Limestone,
Madison, Matagorda, Montgomery, Newton, Orange, Polk, Robertson, Sabine, San Augustine,
San Jacinto, Trinity, Tyler, Walker, Waller, Washington, and Wharton.
(d) The Third Administrative Judicial Region is composed of the counties of
Austin, Bell, Blanco, Bosque, Burnet, Caldwell, Colorado, Comal, Comanche, Coryell,
Falls, Fayette, Gonzales, Guadalupe, Hamilton, Hays, Hill, Lampasas, Lavaca, Llano,
McLennan, Milam, Navarro, San Saba, Travis, and Williamson.
(e) The Fourth Administrative Judicial Region is composed of the counties of
Aransas, Atascosa, Bee, Bexar, Calhoun, DeWitt, Dimmit, Frio, Goliad, Jackson, Karnes,
LaSalle, Live Oak, Maverick, McMullen, Refugio, San Patricio, Victoria, Webb, Wilson,
Zapata, and Zavala.
(f) The Fifth Administrative Judicial Region is composed of the counties of
Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Kenedy, Kleberg, Nueces, Starr,
and Willacy.
(g) The Sixth Administrative Judicial Region is composed of the counties of
Bandera, Brewster, Crockett, Culberson, Edwards, El Paso, Gillespie, Hudspeth, Jeff
Davis, Kendall, Kerr, Kimble, Kinney, Mason, Medina, Pecos, Presidio, Reagan, Real,
Sutton, Terrell, Upton, Uvalde, and Val Verde.
(h) The Seventh Administrative Judicial Region is composed of the counties of
Andrews, Borden, Brown, Callahan, Coke, Coleman, Concho, Crane, Dawson, Ector, Fisher,
Gaines, Garza, Glasscock, Haskell, Howard, Irion, Jones, Kent, Loving, Lynn, Martin,
McCulloch, Menard, Midland, Mills, Mitchell, Nolan, Reeves, Runnels, Schleicher, Scurry,
Shackelford, Sterling, Stonewall, Taylor, Throckmorton, Tom Green, Ward, and Winkler.
(i) The Eighth Administrative Judicial Region is composed of the counties of
Archer, Clay, Cooke, Denton, Eastland, Erath, Hood, Jack, Johnson, Montague, Palo Pinto,
Parker, Somervell, Stephens, Tarrant, Wichita, Wise, and Young.
(j) The Ninth Administrative Judicial Region is composed of the counties of
Armstrong, Bailey, Baylor, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth,
Cottle, Crosby, Dallam, Deaf Smith, Dickens, Donley, Floyd, Foard, Gray, Hale, Hall,
Hansford, Hardeman, Hartley, Hemphill, Hockley, Hutchinson, King, Knox, Lamb, Lipscomb,
Lubbock, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman,
Swisher, Terry, Wheeler, Wilbarger, and Yoakum.
Renumbered from V.T.C.A., Government Code § 74.002 and amended by Acts 1987, 70th
Leg., ch. 148, § 2.93(a), eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch.
623, § 3, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 43, § 1, eff. Sept.
1, 2001.
§ 74.043. FACILITIES; FUNDING. (a) Adequate quarters for the operation of
each administrative region and the preservation of its records shall be provided in the
courthouse of the county in which the presiding judge resides.
(b) Except for the salaries, compensation, and expenses provided by state
appropriations, the counties composing the administrative region shall pay, out of the
general funds of the counties, the salaries, compensation, and expenses authorized and
incurred to administer this chapter, including expenses for the purchase of professional
liability insurance policies for regional presiding judges.
(c) Except as provided by Section 74.051, the salaries, compensation, and
expenses shall be paid through the county budget process of each county in the region in
proportion to the population of the counties comprising the region and on certificates
of approval of the presiding judge.
Renumbered from V.T.C.A., Government Code § 74.003 and amended by Acts 1987, 70th
Leg., ch. 674, § 2.02, eff. Aug. 31, 1987.
§ 74.044. TERM OF PRESIDING JUDGE. A presiding judge serves for a term of
office of four years from the date of qualification as the presiding judge.
Renumbered from V.T.C.A., Government Code § 74.012 and amended by Acts 1987, 70th
Leg., ch. 148, § 2.93(a), eff. Sept. 1, 1987.
§ 74.045. QUALIFICATIONS OF PRESIDING JUDGE. (a) A presiding judge must be
at the time of appointment:
(1) a regularly elected or retired district judge;
(2) a former judge with at least 12 years of service as a district
judge; or
(3) a retired appellate judge with judicial experience on a district
court.
(b) If the judge is retired, he must have voluntarily retired from office, must
reside within the administrative region, and must have certified his willingness to
serve.
Renumbered from V.T.C.A., Government Code § 74.013 and amended by Acts 1987, 70th
Leg., ch. 148, § 2.93(a), eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch.
656, § 1, eff. Aug. 26, 1991.
§ 74.046. DUTIES OF PRESIDING JUDGE. A presiding judge shall:
(1) ensure the promulgation of regional rules of administration within policies and
guidelines set by the supreme court;
(2) advise local judges on case flow management and auxiliary court
services;
(3) recommend to the chief justice of the supreme court any needs for
judicial assignments from outside the region;
(4) recommend to the supreme court any changes in the organization,
jurisdiction, operation, or procedures of the region necessary or desirable for the
improvement of the administration of justice;
(5) act for a local administrative judge when the local administrative
judge does not perform the duties required by Subchapter D; (6) implement
and execute any rules adopted by the supreme court under this chapter;
(7) provide the supreme court or the office of court administration
statistical information requested; and
(8) perform the duties assigned by the chief justice of the supreme
court.
Added by Acts 1987, 70th Leg., ch. 148, § 2.93(a), eff. Sept. 1, 1987.
§ 74.047. AUTHORITY OF PRESIDING JUDGE. A presiding judge may perform the
acts necessary to carry out the provisions of this chapter and to improve the management
of the court system and the administration of justice.
Added by Acts 1987, 70th Leg., ch. 148, § 2.93(a), eff. Sept. 1, 1987.
§ 74.048. COUNCIL OF JUDGES. (a) Once each year, the presiding judge shall
call a regular meeting of the district and statutory county court judges in the
administrative region at a time and place designated by the presiding judge. In
addition, the presiding judge may call a special meeting of the judges at any time he
considers necessary.
(b) The purposes of the meetings or council of judges are consultation and
counseling concerning the state of the civil and criminal business in the courts of the
administrative region and arranging for the disposition of the business pending on the
court dockets.
(c) The council of judges shall adopt:
(1) regional rules of administration within policies and guidelines set by the supreme
court;
(2) rules to regulate and facilitate the order of trials and the
recordkeeping in the counties in the region in which judges are sent from one region to
another to aid the disposition of cases; and
(3) other rules necessary to the practical operation of this chapter.
(d) Repealed by Acts 1987, 70th Leg., ch. 674, § 2.12, eff. Sept. 1, 1987.
Renumbered from V.T.C.A., Government Code § 74.015 and amended by Acts 1987, 70th
Leg., ch. 148, § 2.93(a), eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 674,
§ 2.12, eff. Sept. 1, 1987.
§ 74.049. PERFORMANCE OF DUTIES BY CHIEF JUSTICE. The chief justice may
make assignments within an administrative region and perform the other duties of a
presiding judge in the following situations:
(1) on the death or resignation of the presiding judge and until a
successor presiding judge is appointed;
(2) on notification to the chief justice by the presiding judge or
other appropriate source that an absence, disabling illness, or other incapacity of the
presiding judge prevents the judge from performing his official duties for a period of
time and until the presiding judge is again able to perform the duties; and
(3) in a particular matter in which the presiding judge disqualifies
himself from performing the duties of presiding judge in that matter.
Renumbered from V.T.C.A., Government Code § 74.016 and amended by Acts 1987, 70th
Leg., ch. 148, § 2.93(a), eff. Sept. 1, 1987.
§ 74.050. ADMINISTRATIVE ASSISTANT. (a) The presiding judge may employ,
directly or through a contract with another governmental entity, a full-time or
part-time administrative assistant.
(b) An administrative assistant must have the qualifications established by
rule of the supreme court.
(c) An administrative assistant shall aid the presiding judge in carrying out
the judge's duties under this chapter. The administrative assistant shall:
(1) perform the duties that are required by the presiding judge and by
the rules of administration;
(2) conduct correspondence for the presiding judge;
(3) under the direction of the presiding judge, make an annual report
of the activities of the administrative region and special reports as provided by the
rules of administration to the supreme court, which shall be made in the manner directed
by the supreme court; and
(4) attend to other matters that are prescribed by the council of
judges. (d) An administrative assistant, with the approval of the presiding
judge, may purchase the necessary office equipment, stamps, stationery, and supplies and
employ additional personnel as authorized by the presiding judge.
(e) An administrative assistant is entitled to receive the compensation from
the state provided by the General Appropriations Act, from county funds, or from any
public or private grant.
Renumbered from V.T.C.A., Government Code § 74.017 and amended by Acts 1987, 70th
Leg., ch. 674, § 2.03, eff. Sept. 1, 1987.
§ 74.051. COMPENSATION. (a) In addition to all other compensation,
expenses, and perquisites authorized by law, including this chapter, a presiding judge
shall receive compensation as provided by this section for performing the duties of a
presiding judge.
(b) Except as provided by Subsection (c), a presiding judge shall receive a
salary not to exceed $33,000 a year. The Texas Judicial Council shall set the salary
biennially and, in arriving at the amount of the salary, shall consider whether the
presiding judge is active in administrative duties, performs part time, or is a retired
judge. The salary set by the Texas Judicial Council shall be apportioned to each county
in the region according to the population of the counties comprising the region and
shall be paid through the county budget process.
(c) A presiding judge who is a retired or former district judge or a retired
appellate judge and who presides over an administrative region with 30 or more district
courts, statutory county courts, and retired and former judges named on the list
maintained under Section 74.055 for the administrative region is entitled to an annual
salary for each fiscal year as follows:
Number of Courts and Judges Salary
30 to 49 $35,000
50 to 69 $40,000
70 to 89 $45,000
90 or more $50,000
(d) The salary shall be apportioned to each county in the region according to
the population of the counties comprising the region.
(e) Each county comprising the administrative region shall pay annually to the
presiding judge, out of the officers' salary fund or the general fund of the county, the
amount of the salary apportioned to it as provided by this section and the other
expenses authorized by this chapter that are not paid by state appropriations. The
presiding judge shall place each county's payment of salary and other expenses in an
administrative fund, from which the salary and other expenses shall be paid. The salary
shall be paid from the administrative fund in 12 equal monthly payments.
Renumbered from V.T.C.A., Government Code § 74.018 and amended by Acts 1987, 70th
Leg., ch. 674, § 2.04, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch.
656, § 2, eff. Sept. 1, 1991; Acts 1999, 76th Leg., ch. 294, § 1, eff. Sept.
1, 1999; Acts 2005, 79th Leg., ch. 258, § 1, eff. Sept. 1, 2005.
§ 74.052. ASSIGNMENT OF JUDGES. (a) Judges may be assigned in the manner
provided by this chapter to hold court when necessary to dispose of accumulated business
in the region.
(b) Repealed by Acts 1987, 70th Leg., ch. 674, § 2.13, eff. Sept. 1, 1987.
Renumbered from § 74.031 and amended by Acts 1987, 70th Leg., ch. 148, §
2.93(a), eff. Sept. 1, 1987. Amended by Acts 1987, 70th Leg., ch. 674, § 2.13,
eff. Sept. 1, 1987.
§ 74.053. OBJECTION TO JUDGE ASSIGNED TO A TRIAL COURT. (a) When a judge
is assigned to a trial court under this chapter:
(1) the order of assignment must state whether the judge is an active,
former, retired, or senior judge; and
(2) the presiding judge shall, if it is reasonable and practicable and
if time permits, give notice of the assignment to each attorney representing a party to
the case that is to be heard in whole or part by the assigned judge.
(b) If a party to a civil case files a timely objection to the assignment, the
judge shall not hear the case. Except as provided by Subsection (d), each party to the
case is only entitled to one objection under this section for that case.
(c) An objection under this section must be filed not later than the seventh
day after the date the party receives actual notice of the assignment or before the date
the first hearing or trial, including pretrial hearings, commences, whichever date
occurs earlier. The presiding judge may extend the time to file an objection under this
section on written motion by a party who demonstrates good cause.
(d) An assigned judge or justice who was defeated in the last primary or
general election for which the judge or justice was a candidate for the judicial office
held by the judge or justice may not sit in a case if either party objects to the judge
or justice.
(e) An active judge assigned under this chapter is not subject to an objection.
(f) For purposes of this section, notice of an assignment may be given and an
objection to an assignment may be filed by electronic mail.
(g) In this section, "party" includes multiple parties aligned in a case as
determined by the presiding judge.
Added by Acts 1987, 70th Leg., ch. 148, § 2.93(a), eff. Sept. 1, 1987. Amended by
Acts 1989, 71st Leg., ch. 2, § 8.37(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg.,
ch. 270, § 1, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 785, § 2, eff.
June 16, 1991; Acts 2003, 78th Leg., ch. 315, § 10, eff. Sept. 1, 2003.
§ 74.054. JUDGES SUBJECT TO ASSIGNMENT. (a) Except as provided by
Subsections (b) and (c), the following judges may be assigned as provided by this
chapter by the presiding judge of the administrative region in which the assigned judge
resides:
(1) an active district, constitutional county, or statutory county
court judge in this state;
(2) a senior judge who has consented to be subject to assignment and
who is on the list maintained by the presiding judge under this chapter;
(3) a former district or appellate judge, retired or former statutory
probate court judge, or retired or former statutory county court judge who certifies to
the presiding judge a willingness to serve and who is on the list maintained by the
presiding judge as required by this chapter;
(4) a retiree or a former judge whose last judicial office before
retirement was justice or judge of the supreme court, the court of criminal appeals, or
a court of appeals and who has been assigned by the chief justice to the administrative
judicial region in which the retiree or former judge resides for reassignment by the
presiding judge of that region to a district or statutory county court in the region;
and
(5) an active judge or justice of the supreme court, the court of
criminal appeals, or a court of appeals who has had trial court experience.
(b) An active statutory county court judge may not be assigned to hear a matter
pending in a district court outside the county of the judge's residence.
(c) A constitutional county court judge may only be assigned to sit for another
constitutional county court judge and must be a licensed attorney in this state.
(d) A retired judge of a statutory probate court may also qualify for
assignment under Section 25.0022.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A.,
Government Code § 74.032 and amended by Acts 1987, 70th Leg., ch. 674, § 2.05,
eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 82, § 1, eff. Aug. 28,
1989; Acts 1989, 71st Leg., ch. 179, § 2(d)(1), eff. Sept. 1, 1989; Acts 1989,
71st Leg., ch. 646, § 7, eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 726, §
1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, § 8.04, eff. Aug. 26, 1991;
Acts 1995, 74th Leg., ch. 298, § 2, 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg.,
ch. 1305, § 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 315, § 11, eff.
Sept. 1, 2003.
§ 74.055. LIST OF RETIRED AND FORMER JUDGES SUBJECT TO ASSIGNMENT. (a)
Each presiding judge shall maintain a list of retired and former judges who meet the
requirements of this section.
(b) The presiding judge shall divide the list into area specialties of
criminal, civil, or domestic relations cases. A retired or former judge may only be
assigned to a case in the judge's area of specialty. A judge may qualify for assignment
in more than one area of specialty.
(c) To be eligible to be named on the list, a retired or former judge must:
(1) have served as an active judge for at least 96 months in a district, statutory
probate, statutory county, or appellate court;
(2) have developed substantial experience in the judge's area of
specialty;
(3) not have been removed from office;
(4) certify under oath to the presiding judge, on a form prescribed by
the state board of regional judges, that:
(A) the judge has never been publicly reprimanded or censured
by the State Commission on Judicial Conduct; and
(B) the judge:
(i) did not resign or retire from office after
the State Commission on Judicial Conduct notified the judge of the commencement of a
full investigation into an allegation or appearance of misconduct or disability of the
judge as provided in Section 33.022 and before the final disposition of that
investigation; or
(ii) if the judge did resign from office under
circumstances described by Subparagraph (i), was not publicly reprimanded or censured as
a result of the investigation;
(5) annually demonstrate that the judge has completed in the past state
fiscal year the educational requirements for active district, statutory probate, and
statutory county court judges; and
(6) certify to the presiding judge a willingness not to appear and
plead as an attorney in any court in this state for a period of two years.
(d) Repealed by Acts 2003, 78th Leg., ch. 315, § 15.
(e) For purposes of Subsection (c)(1), a month of service is calculated as a
calendar month or a portion of a calendar month in which a judge was authorized by
election or appointment to preside.
(f) A former or retired judge is ineligible to be named on the list if the
former or retired judge is identified in a public statement issued by the State
Commission on Judicial Conduct as having resigned or retired from office in lieu of
discipline.
(g) A former or
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