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89(R) SB 2878 - Enrolled version - Bill Text
S.B. No. 2878
AN ACT
relating to the operation and administration of and practices and
procedures related to proceedings in the judicial branch of state
government, including court security, court documents and arrest
warrants, document delivery, juvenile boards, constitutional
amendment election challenges, mandatory expunction for certain
persons, record retention, and youth diversion; increasing a
criminal penalty; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. DISTRICT COURTS, DISTRICT CLERKS, AND DISTRICT
ATTORNEYS
SECTION 1.01. Effective January 1, 2027, the heading to
Section 24.127, Government Code, is amended to read as follows:
Sec. 24.127.
522ND
[
SECOND 25TH
] JUDICIAL DISTRICT
([
COLORADO,
] GONZALES
AND
[
,
] GUADALUPE[
, AND LAVACA
] COUNTIES).
SECTION 1.02. Effective January 1, 2027, Section 24.127(a),
Government Code, is amended to read as follows:
(a) The
522nd
[
Second 25th
] Judicial District is composed of
[
Colorado,
] Gonzales
and
[
,
] Guadalupe[
, and Lavaca
] counties.
SECTION 1.03. Section 24.360, Government Code, is amended
to read as follows:
Sec. 24.360. 173RD JUDICIAL DISTRICT (HENDERSON COUNTY).
(a)
The 173rd Judicial District is composed of Henderson County.
(b)
The 173rd District Court shall give preference to civil
and family law matters.
SECTION 1.04. Effective January 1, 2026, the heading to
Section 24.451, Government Code, is amended to read as follows:
Sec. 24.451. 274TH JUDICIAL DISTRICT (COMAL[
, GUADALUPE,
]
AND HAYS COUNTIES).
SECTION 1.05. Effective January 1, 2026, Sections 24.451(a)
and (c), Government Code, are amended to read as follows:
(a) The 274th Judicial District is composed of Comal[
,
Guadalupe,
] and Hays counties.
(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
].
SECTION 1.06. Section 24.537, Government Code, is amended
by adding Subsection (c) to read as follows:
(c)
The 392nd District Court shall give preference to
criminal cases.
SECTION 1.07. Section 24.591(c), Government Code, is
amended to read as follows:
(c)
The district clerk serves as clerk of a district court
in all criminal and civil matters, including family matters, except
the county clerk serves as clerk of a district court in Class A and
Class B misdemeanor cases, juvenile matters, probate matters, and
guardianship matters. Each clerk shall establish a separate docket
for a district 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.
The county clerk
serves as the clerk of the district court for those matters
].
SECTION 1.08. (a) Effective September 1, 2026, Subchapter
C, Chapter 24, Government Code, is amended by adding Section
24.60035 to read as follows:
Sec.
24.60035.
490TH JUDICIAL DISTRICT (BRAZORIA COUNTY).
The 490th Judicial District is composed of Brazoria County.
(b) The 490th Judicial District is created on September 1,
2026.
SECTION 1.09. (a) Effective September 1, 2026, Subchapter
C, Chapter 24, Government Code, is amended by adding Section
24.60037 to read as follows:
Sec.
24.60037.
492ND JUDICIAL DISTRICT (COLORADO AND LAVACA
COUNTIES). The 492nd Judicial District is composed of Colorado and
Lavaca counties.
(b) The 492nd Judicial District is created on September 1,
2026.
SECTION 1.10. Section 24.60043(d), Government Code, as
effective October 1, 2025, is amended to read as follows:
(d)
The district clerk serves as the clerk of a district
court in all criminal and civil matters, including family matters,
except the county clerk serves as the clerk of a district court in
Class A and Class B misdemeanor cases, juvenile matters, probate
matters, and guardianship matters. Each clerk shall establish a
separate docket for a district 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.
The county clerk serves as the clerk of the district court
for those matters
].
SECTION 1.11. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Sections 24.60046 and 24.60047 to read as
follows:
Sec.
24.60046.
501ST JUDICIAL DISTRICT (FORT BEND COUNTY).
The 501st Judicial District is composed of Fort Bend County.
Sec.
24.60047.
502ND JUDICIAL DISTRICT (FORT BEND COUNTY).
The 502nd Judicial District is composed of Fort Bend County.
(b) The 501st and 502nd Judicial Districts are created on
September 1, 2025.
SECTION 1.12. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60048 to read as follows:
Sec.
24.60048.
503RD JUDICIAL DISTRICT (ROCKWALL COUNTY).
The 503rd Judicial District is composed of Rockwall County.
(b) The 503rd Judicial District is created on September 1,
2025.
SECTION 1.13. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60049 to read as follows:
Sec.
24.60049.
504TH JUDICIAL DISTRICT (ELLIS COUNTY).
The
504th Judicial District is composed of Ellis County.
(b) The 504th Judicial District is created on September 1,
2025.
SECTION 1.14. (a) Effective September 1, 2026, Subchapter
C, Chapter 24, Government Code, is amended by adding Section
24.60053 to read as follows:
Sec.
24.60053.
511TH JUDICIAL DISTRICT (COMAL COUNTY). The
511th Judicial District is composed of Comal County.
(b) The 511th Judicial District is created on September 1,
2026.
SECTION 1.15. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60054 to read as follows:
Sec.
24.60054.
512TH JUDICIAL DISTRICT (WILLIAMSON
COUNTY).
The 512th Judicial District is composed of Williamson
County.
(b) The 512th Judicial District is created on September 1,
2025.
SECTION 1.16. (a) Effective October 1, 2025, Subchapter C,
Chapter 24, Government Code, is amended by adding Sections
24.60055, 24.60056, and 24.60057 to read as follows:
Sec.
24.60055.
513TH JUDICIAL DISTRICT (HARRIS COUNTY).
(a) The 513th Judicial District is composed of Harris County.
(b)
The 513th District Court shall give preference to civil
cases.
Sec.
24.60056.
514TH JUDICIAL DISTRICT (HARRIS COUNTY).
(a) The 514th Judicial District is composed of Harris County.
(b)
The 514th District Court shall give preference to civil
cases.
Sec.
24.60057.
515TH JUDICIAL DISTRICT (HARRIS COUNTY).
(a) The 515th Judicial District is composed of Harris County.
(b)
The 515th District Court shall give preference to civil
cases.
(b) The 513th, 514th, and 515th District Courts are created
on October 1, 2025.
SECTION 1.17. (a) Effective October 1, 2026, Subchapter C,
Chapter 24, Government Code, is amended by adding Sections 24.60058
and 24.60059 to read as follows:
Sec.
24.60058.
516TH JUDICIAL DISTRICT (HARRIS COUNTY).
(a) The 516th Judicial District is composed of Harris County.
(b)
The 516th District Court shall give preference to civil
cases.
Sec.
24.60059.
517TH JUDICIAL DISTRICT (HARRIS COUNTY).
(a) The 517th Judicial District is composed of Harris County.
(b)
The 517th District Court shall give preference to civil
cases.
(b) The 516th and 517th District Courts are created on
October 1, 2026.
SECTION 1.18. Section 24.911, Government Code, is amended
by adding Subsection (a-2) to read as follows:
(a-2)
Tarrant County Criminal District Court No.
2 shall
give preference to criminal cases.
SECTION 1.19. Section 24.913, Government Code, is amended
by adding Subsection (e) to read as follows:
(e)
Tarrant County Criminal District Court No.
4 shall give
preference to criminal cases.
SECTION 1.20. Effective September 1, 2028, Section 43.101,
Government Code, is amended to read as follows:
Sec. 43.101. 1ST JUDICIAL DISTRICT. The voters of [
Sabine
and
] San Augustine
County
[
counties
] elect a district attorney for
the 1st Judicial District who represents the state in
the
[
that
]
district
courts in that county
[
court only in those counties
].
SECTION 1.21. (a) Effective January 1, 2029, Subchapter B,
Chapter 43, Government Code, is amended by adding Section 43.1742
to read as follows:
Sec.
43.1742.
273RD JUDICIAL DISTRICT. The voters of
Sabine County elect a district attorney for the 273rd Judicial
District who represents the state in the district courts in that
county.
(b) The office of district attorney for the 273rd Judicial
District is created on September 1, 2028.
SECTION 1.22. Effective January 1, 2029, Section 43.177,
Government Code, is amended to read as follows:
Sec. 43.177. 293RD JUDICIAL DISTRICT. (a) The voters of
Maverick County
[
the 293rd Judicial District
] elect a district
attorney who represents the state in all cases before
the
[
that
]
district court.
(b) The commissioners court of
Maverick County
[
one or more
of the counties comprising the district
] may supplement the state
salary of the district attorney
and
[
.
The commissioners court of
each county may
] set the amount of supplemental compensation paid
by that county.
(c)
The district attorney of the 293rd Judicial District
also represents the state in all criminal and civil matters that
arise in the 365th Judicial District in Maverick County.
SECTION 1.23. (a) Effective January 1, 2029, Subchapter B,
Chapter 43, Government Code, is amended by adding Section 43.1812
to read as follows:
Sec.
43.1812.
365TH JUDICIAL DISTRICT.
The voters of
Dimmit and Zavala Counties elect a district attorney for the 365th
Judicial District who represents the state in all civil and
criminal matters in the district courts having jurisdiction in
those counties.
(b) The office of district attorney for the 365th Judicial
District is created on January 1, 2029.
(c) The office of district attorney for the 365th Judicial
District exists for purposes of the primary and general elections
in 2028.
SECTION 1.24. Effective January 1, 2029, Section 46.002,
Government Code, is amended to read as follows:
Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
applies to the state prosecuting attorney, all county prosecutors,
and the following state prosecutors:
(1) the district attorneys for Kenedy and Kleberg
Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th,
26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th,
42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th,
66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th,
97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,
123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th,
198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th,
268th, 271st,
273rd,
286th, 287th, 329th, 344th, 349th, 355th,
369th, 452nd, and 506th 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,
Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo,
Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison,
Medina, 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, Aransas, Burleson,
Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls,
Fayette,
Freestone, Gonzales, Guadalupe, Lamar, Lamb, Lampasas,
Lavaca, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Oldham,
Orange, Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb,
and Willacy.
SECTION 1.25. Effective January 1, 2026, the following
provisions of the Government Code are repealed:
(1) Sections 24.126(b) and (d);
(2) Sections 24.127(b) and (c); and
(3) Section 24.451(b).
ARTICLE 2. STATUTORY COUNTY COURTS
SECTION 2.01. Sections 22.004(b) and (h-1), Government
Code, are amended to read as follows:
(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
provide
[
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. On receiving a written request
from a member of the legislature, the secretary of state shall
provide the member with electronic notifications when the supreme
court has promulgated rules or amendments to rules under this
section.
(h-1) In addition to the rules adopted under Subsection (h),
the supreme court shall adopt rules to promote the prompt,
efficient, and cost-effective resolution of civil actions filed in
county courts at law in which the amount in controversy does not
exceed
$325,000
[
$250,000
]. The rules shall balance the need for
lowering discovery costs in these actions against the complexity of
and discovery needs in these actions. The supreme court may not
adopt rules under this subsection that conflict with other
statutory law.
SECTION 2.02. Section 25.0003(c), Government Code, is
amended to read as follows:
(c) In addition to other jurisdiction provided by law, a
statutory county court exercising civil jurisdiction concurrent
with the constitutional jurisdiction of the county court has
concurrent jurisdiction with the district court in:
(1) civil cases in which the matter in controversy
exceeds $500 but does not exceed
$325,000
[
$250,000
], excluding
interest, statutory or punitive damages and penalties, and
attorney's fees and costs, as alleged on the face of the petition;
and
(2) appeals of final rulings and decisions of the
division of workers' compensation of the Texas Department of
Insurance regarding workers' compensation claims, regardless of
the amount in controversy.
SECTION 2.03. Section 25.0007(c), Government Code, is
amended to read as follows:
(c) In a civil case pending in a statutory county court in
which the matter in controversy exceeds
$325,000
[
$250,000
], the
jury shall be composed of 12 members unless all of the parties agree
to a jury composed of a lesser number of jurors.
SECTION 2.04. Section 25.00212, Government Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) At the end of each state fiscal year, the comptroller
shall determine
:
(1)
the amounts deposited in the judicial fund
under
Section 133.151(c)(1), Local Government Code, from
[
by
] statutory
probate courts
fees remitted under Section 133.151(a)(1), Local
Government Code, either:
(A)
directly to the treasury by the Office of
Court Administration of the Texas Judicial System for fees paid
using the electronic filing system established under Section
72.031; or
(B)
to the comptroller in the manner provided by
Subchapter B, Chapter 133, Local Government Code, for fees paid to
an officer of a court;
and
(2)
the sum of the amount paid under Section
25.0022(e) and the total amounts paid to the counties under Section
25.00211.
(a-1)
If the
comptroller determines the
total amount
deposited in the judicial fund by statutory probate courts in all
counties
as calculated under Subsection (a)(1)
exceeds
the sum
calculated under Subsection (a)(2)
[
that sum
], the
comptroller
[
state
] shall remit the excess proportionately to each county that
contributed
[
deposited
] a greater amount
to
[
in
] the judicial fund
from fees collected
by
a
statutory probate court than the amount the
county was paid under Section 25.00211, as adjusted in an equitable
manner to reflect the differences in the total amounts paid to the
counties under Section 25.00211.
SECTION 2.05. Section 25.0022(f), Government Code, is
amended to read as follows:
(f) Each county pays annually to the presiding judge, from
fees
allocated to the judicial education and support fund under
[
collected pursuant to
] Section
135.102
[
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.
SECTION 2.06. Section 25.0062(b), Government Code, is
amended to read as follows:
(b) The district clerk serves as clerk of a county court at
law in felony cases, in family law cases and proceedings, and in
civil cases in which the matter in controversy exceeds
$325,000
[
$250,000
]. 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.
SECTION 2.07. (a) Section 25.0092, Government Code, is
amended by amending Subsections (a) and (d) and adding Subsection
(c-1) to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, and except as limited by Subsection (b), a
county court at law in Atascosa County has concurrent jurisdiction
with the district court in:
(1) Class A and Class B misdemeanor cases;
(2) family law matters;
(3) juvenile matters;
(4) probate matters; [
and
]
(5) appeals from the justice and municipal courts
; and
(6)
civil cases in which the matter in controversy
exceeds the maximum amount provided by Section 25.0003 but does not
exceed $1 million, excluding interest, statutory or punitive
damages and penalties, and attorney's fees and costs, as alleged on
the face of the petition, including:
(A)
a suit to decide the issue of title to real or
personal property;
(B)
a suit for the enforcement of a lien on real
property;
(C)
a suit for the trial of the right to property
valued at $500 or more that has been levied on under a writ of
execution, sequestration, or attachment; and
(D) a suit for the recovery of real property
.
(c-1)
In addition to other assignments provided by law, a
judge of the county court at law in Atascosa County is subject to
assignment under Chapter 74 to any district court in Atascosa
County.
A county court at law judge assigned to a district court
may hear any matter pending in the district court.
(d) The judge of a county court at law shall be paid
as
provided by Section 25.0005
[
a total annual salary set by the
commissioners court at an amount that is not less than $1,000 less
than the total annual salary received by a district judge in the
county.
A district judge's or statutory county court judge's total
annual salary does not include contributions and supplements paid
by a county
].
(b) Section 25.0092(a), Government Code, as amended by this
section, applies only to a case filed or proceeding commenced on or
after the effective date of this Act. A case filed or proceeding
commenced before that date is governed by the law in effect on the
date the case was filed or the proceeding was commenced, and the
former law is continued in effect for that purpose.
SECTION 2.08. Section 25.0212, Government Code, is amended
by amending Subsections (a), (b), and (f) and adding Subsections
(i) and (j) to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law and except as limited by Subsection (b), a
county court at law in Bowie County has, concurrent with the
district court, the jurisdiction provided by the constitution and
by general law for district courts
, including concurrent
jurisdiction in:
(1) specialty court programs;
(2) misdemeanor cases;
(3)
family law cases and proceedings, including
juvenile matters; and
(4) probate and guardianship matters
.
(b) A county court at law does not have 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
the amount provided in Section 25.0003
[
$200,000
],
excluding interest, statutory or punitive damages and penalties,
and attorney's fees and costs, as alleged on the face of the
petition.
(f) The [
commissioners court may authorize the judge of a
county court at law to set the
] official court
reporter of a county
court at law is entitled to compensation, fees, and allowances in
amounts equal to the amounts paid to the official court reporters
serving the district courts in Bowie County, including an annual
salary set by the judge of the county court at law and approved by
the commissioners court
[
reporter's salary
].
(i)
The jury in all civil or criminal matters is composed of
12 members, except in misdemeanor criminal cases and any other case
in which the court has concurrent jurisdiction with county courts
under Section 25.0003(a), the jury is composed of six members.
(j)
In matters of concurrent jurisdiction, a judge of a
county court at law and a judge of a district court with
jurisdiction in Bowie County may transfer cases between the courts
in the same manner that judges of district courts may transfer cases
under Section 24.003.
SECTION 2.09. (a) Section 25.1031(a), Government Code, is
amended to read as follows:
(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
; and
(5)
County Civil Court at Law No.
5 of Harris County,
Texas
.
(b) The County Civil Court at Law No. 5 of Harris County is
created on September 1, 2025.
SECTION 2.10. (a) Effective September 1, 2026, Section
25.1101(b), Government Code, is amended to read as follows:
(b) Hidalgo County has
the following statutory probate
courts:
(1)
[
one statutory probate court, the
] Probate Court
No.
1
of Hidalgo County
; and
(2) Probate Court No. 2 of Hidalgo County
.
(b) On September 1, 2026:
(1) Probate Court No. 2 of Hidalgo County is created;
and
(2) the Probate Court of Hidalgo County is
redesignated as Probate Court No. 1 of Hidalgo County.
SECTION 2.11. (a) Section 25.1102(a), Government Code, is
amended to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, a county court at law in 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) Section 25.1102(a), Government Code, as amended by this
section, applies only to an action filed in a county court at law in
Hidalgo County on or after the effective date of this Act. An
action filed in a county court at law in Hidalgo County before the
effective date of this Act is governed by the law in effect on the
date the action was filed, and the former law is continued in effect
for that purpose.
SECTION 2.12. Section 25.1902(b-1), Government Code, is
amended to read as follows:
(b-1) In addition to the jurisdiction provided by
Subsections (a) and (b), the
county courts at law in
[
County Court
at Law No.
1 of
] Potter County
have
[
has
] concurrent jurisdiction
with the district court in felony cases to conduct arraignments,
conduct pretrial hearings, and accept pleas in uncontested matters.
SECTION 2.13. Section 25.2282, Government Code, is amended
by adding Subsection (b) to read as follows:
(b)
In addition to the jurisdiction provided by Section
25.0003 and other law, a county court at law in Tom Green County has
concurrent jurisdiction with the district court in family law cases
and proceedings.
SECTION 2.14. Sections 25.2452(b), (c), (d), and (e),
Government Code, are amended to read as follows:
(b) All misdemeanor cases, probate and mental health
matters,
proceedings under the Estates Code,
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
in which the amount in controversy
exceeds $500 but does not exceed $200,000, excluding interest,
exemplary damages, penalties, attorney's fees, and court costs; and
(3) appeals from the justice courts
.
(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;
or
(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 Estates Code, in which the amount in controversy is:
[
(A)
less than the maximum amount in controversy
allowed the justice court in Wichita County; or
[
(B)
more than $200,000, 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
(c)(2)
[
(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.
SECTION 2.15. Section 25.2704(a), Government Code, is
amended to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, the 2nd Multicounty Court at Law has
concurrent jurisdiction with the district courts,
including
[
except
] in civil cases in which the matter in controversy exceeds
the
maximum
amount provided by Section 25.0003(c)(1).
SECTION 2.16. (a) Sections 25.0212(d) and 25.1723(c),
Government Code, are repealed.
(b) Section 25.1723(c), Government Code, as repealed by
this section, applies only to an action filed on or after September
1, 2025. An action filed before that date is governed by the law in
effect immediately before that date, and that law is continued in
effect for that purpose.
SECTION 2.17. Sections 25.0003(c), 25.0007(c), and
25.0062(b), Government Code, as amended by this article, apply only
to a civil case filed in a statutory county court on or after
September 1, 2025. A civil case filed in a statutory county court
before that date is governed by the law in effect immediately before
that date, and the former law is continued in effect for that
purpose.
SECTION 2.18. Section 25.00212, Government Code, as amended
by this article, applies to amounts deposited in the judicial fund
under Section 133.151(c)(1), Local Government Code, from fees
collected by a statutory probate court before, on, or after
September 1, 2025.
SECTION 2.19. Section 25.2282, Government Code, as amended
by this article, applies only to a case filed or proceeding
commenced on or after September 1, 2025. A case filed or proceeding
commenced before that date is governed by the law in effect on the
date the action was filed, and the former law is continued in effect
for that purpose.
SECTION 2.20. Section 25.2452, Government Code, as amended
by this article, applies only to an action filed in a county court
at law in Wichita County on or after September 1, 2025. An action
filed in a county court at law in Wichita County before that date is
governed by the law in effect on the date the action was filed, and
the former law is continued in effect for that purpose.
SECTION 2.21. Section 25.2704(a), Government Code, as
amended by this article, applies only to a case filed or proceeding
commenced on or after September 1, 2025. A case filed or proceeding
commenced before that date is governed by the law in effect on the
date the case was filed or the proceeding was commenced, and the
former law is continued in effect for that purpose.
ARTICLE 3. VISITING JUDGES
SECTION 3.01. Sections 25.0022(d), (h), (k), (o), (t), (u),
and (w), Government Code, are amended to read as follows:
(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;
(8) compare local rules of court to achieve uniformity
of rules to the extent practical and consistent with local
conditions;
(9) assign or order the clerk who serves the statutory
probate courts to randomly assign a judge or former or retired judge
of a statutory probate court
or a former or retired justice of an
appellate court
to hear a case under Section 25.002201(a) or
25.00255, as applicable; and
(10) require the local administrative judge for
statutory probate courts in a county to ensure that all statutory
probate courts in the county comply with Chapter 37.
(h) Subject to Section 25.002201, a judge or a former or
retired judge of a statutory probate court
or a former or retired
justice of an appellate court
may be assigned by the presiding judge
of the statutory probate courts to hold court in a statutory probate
court, a 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) the statutory probate judge is recused or
disqualified as described by Section 25.002201(a);
(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.
(k) The daily compensation of a former or retired judge
or
justice
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
or justice
is
assigned. A former or retired judge
or justice
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
or justice
was last
elected.
(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
or justice
, to the assigned judge.
(t) To be eligible for assignment under this section, a
former or retired judge of a statutory probate court
or a former or
retired justice of an appellate court
must:
(1) not have been removed from office;
(2) certify under oath to the presiding judge, on a
form prescribed by the state board of regional judges, that:
(A) the judge
or justice
has not been publicly
reprimanded or censured by the State Commission on Judicial
Conduct; and
(B) the judge
or justice
:
(i) did not resign or retire from office
after the State Commission on Judicial Conduct notified the judge
or justice
of the commencement of a full investigation into an
allegation or appearance of misconduct or disability of the judge
or justice
as provided in Section 33.022 and before the final
disposition of that investigation; or
(ii) if the judge
or justice
did resign from
office under circumstances described by Subparagraph (i), was not
publicly reprimanded or censured as a result of the investigation;
(3) annually demonstrate that the judge
or justice
has
completed in the past state fiscal year the educational
requirements for an active statutory probate court judge;
(4) have served as an active judge
or justice
for at
least 72 months in a district, statutory probate, statutory county,
or appellate court; and
(5) have developed substantial experience in the
judge's
or justice's
area of specialty.
(u) In addition to the eligibility requirements under
Subsection (t), to be eligible for assignment under this section in
the judge's
or justice's
county of residence, a former or retired
judge of a statutory probate court
or a former or retired justice of
an appellate 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
or
justice's
county of residence for a period of two years.
(w) A former or retired judge
or justice
who is assigned
under this section is not an employee of the county in which the
assigned court is located.
SECTION 3.02. Section 25.002201, Government Code, is
amended to read as follows:
Sec. 25.002201. ASSIGNMENT OF JUDGE ON RECUSAL OR
DISQUALIFICATION. (a) Except as provided by Subsection (b), not
later than the 15th day after the date an order of recusal or
disqualification of a statutory probate court judge is issued in a
case, the presiding judge shall assign a statutory probate court
judge or a former or retired judge of a statutory probate court
or a
former or retired justice of an appellate court
to hear the case if:
(1) the judge of the statutory probate court recused
himself or herself under Section 25.00255(g)(1)(A);
(2) the judge of the statutory probate court
disqualified himself or herself under Section 25.00255(g-1);
(3) the order was issued under Section
25.00255(i-3)(1); or
(4) the presiding judge receives notice and a request
for assignment from the clerk of the statutory probate court under
Section 25.00255(l).
(b) If the judge who is the subject of an order of recusal or
disqualification is the presiding judge of the statutory probate
courts, the chief justice of the supreme court shall assign a
statutory probate judge
,
[
or
] a former or retired judge of a
statutory probate court
, or a former or retired justice of an
appellate court
to hear the case.
SECTION 3.03. Section 25.00255, Government Code, is amended
by amending Subsection (a) and adding Subsections (b) and (c) to
read as follows:
(a) Notwithstanding any conflicting provision in the Texas
Rules of Civil Procedure, Rules 18a and 18b, Texas Rules of Civil
Procedure, apply to the recusal and disqualification of a statutory
probate court judge except as otherwise provided by this section or
another provision of this subchapter. The presiding judge:
(1) has the authority and shall perform the functions
and duties of the presiding judge of the administrative judicial
region under the rules, including the duty to hear or rule on a
referred motion of recusal or disqualification or, subject to
Subdivisions (2) and (3), assign a judge to hear and rule on a
referred motion of recusal or disqualification;
(2) may assign a presiding judge of the administrative
judicial region to hear and rule on a referred motion of recusal or
disqualification only with the consent of the presiding judge of
the administrative judicial region;
(3) may not assign a judge of a statutory probate court
located in the same county as the statutory probate court served by
the judge who is the subject of the motion of recusal or
disqualification; and
(4) if the presiding judge is the subject of the motion
of recusal or disqualification, shall sign and file with the clerk
an order referring the motion to the chief justice of the supreme
court for assignment of a presiding judge of an administrative
judicial region, a statutory probate court judge, [
or
] a former or
retired judge of a statutory probate court
, or a former or retired
justice of an appellate court
to hear and rule on the motion,
subject to Subdivisions (2) and (3).
(b)
The presiding judge may deny a motion of recusal or
disqualification that does not comply with Rule 18a, Texas Rules of
Civil Procedure, without a hearing.
An order denying a motion under
this subsection must state the manner in which the motion fails to
comply with that rule.
(c)
A motion of recusal or disqualification that does not
comply with Rule 18a, Texas Rules of Civil Procedure, is a motion or
disqualification for the purpose of determining whether a tertiary
recusal motion has been filed under Section 25.00256, regardless of
whether the motion was amended after filing.
SECTION 3.04. Section 74.003(e), Government Code, is
amended to read as follows:
(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. A former 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 from the
state received by a justice of the court of appeals to which
assigned, and from county sources, an amount equal to the
compensation received from county sources by a justice of the court
of appeals to which assigned. For purposes of determining the
amount to be paid to a former or retired justice or judge under this
subsection, the compensation received from the state by a justice
of the court of appeals to which the retired justice or judge is
assigned is the amount equal to the state [
base
] salary paid to a
justice of that court of appeals
with eight years of service
[
as set
by the General Appropriations Act
] in accordance with Section
659.012(b)(2)
[
659.012(a)
].
SECTION 3.05. Section 74.046(b), Government Code, is
amended to read as follows:
(b) A presiding judge may appoint a judicial mentor or
arrange for additional administrative personnel to be assigned to a
court identified by the Office of Court Administration of the Texas
Judicial System as needing additional assistance under Section
72.024(b-1).
A former or retired judge or justice assigned as a
judicial mentor under this subsection is entitled to the same
salary, compensation, and expenses under Section 74.061 that the
judge or justice would be entitled to if the judge or justice had
been assigned under this chapter to serve as the judge of a trial
court in the administrative judicial region of the court to which
the judge or justice is assigned as a judicial mentor.
SECTION 3.06. Section 74.059, Government Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1)
A judge assigned under the provisions of this chapter
to a court that sits in a county located in the Texas-Mexico border
region, as defined by Section 2056.002(e), may conduct a
proceeding, other than a trial, or perform a judicial action from
any location in this state using videoconference, teleconference,
or other available electronic means if authorized by the order of
assignment.
SECTION 3.07. Section 74.061, Government Code, is amended
by amending Subsections (h), (i), and (k) and adding Subsection
(k-1) to read as follows:
(h) Notwithstanding Subsection (c), the salary from the
state of a retired judge or justice assigned to a district court is
determined pro rata based on the sum of the regular judge's salary
from the county plus the amount of the state [
base
] salary paid to a
district judge
with eight years of service
[
as set by the General
Appropriations Act
] in accordance with Section
659.012(b)(2)
[
659.012(a)
].
(i) Notwithstanding Subsection (d), the salary from the
state of a former judge or justice assigned to a district court is
determined pro rata based on the amount of the state [
base
] salary
paid to a district judge
with eight years of service
[
as set by the
General Appropriations Act
] in accordance with Section
659.012(b)(2)
[
659.012(a)
].
(k)
Except as provided by Subsection (k-1) and
notwithstanding
[
Notwithstanding
] any other provision of law, a
former, retired, or active judge is not entitled to compensation
paid by the state when the judge sits as an assigned judge for a
statutory county court.
(k-1)
Notwithstanding any other provision, a former or
retired judge or justice assigned under this chapter to a
constitutional county court in a county located in the Texas-Mexico
border region, as defined by Section 2056.002(e), is entitled to
compensation from the state in an amount equal to the maximum salary
a district judge may receive from county and state sources under
Section 659.012(a) if the presiding judge of the administrative
judicial region in which the county lies certifies that exigent
circumstances require the assignment.
SECTION 3.08. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this article takes effect September 1, 2025.
ARTICLE 4. MASTERS, MAGISTRATES, REFEREES, AND ASSOCIATE JUDGES
SECTION 4.01. Article 2A.151, Code of Criminal Procedure,
is amended to read as follows:
Art. 2A.151. TYPES OF MAGISTRATES. The following officers
are magistrates for purposes of this code:
(1) a justice of the supreme court;
(2) a judge of the court of criminal appeals;
(3) a justice of the courts of appeals;
(4) a judge of a district court;
(5) an associate judge appointed by:
(A) a judge of a district court or a statutory
county court that gives preference to criminal cases in Jefferson
County;
(B) a judge of a district court or a statutory
county court of Brazos County, Nueces County, or Williamson County;
[
or
]
(C) a judge of a district court under Chapter
54A, Government Code;
or
(D)
a judge of a district court under Subchapter
B, Chapter 54B, Government Code;
(6) a criminal magistrate appointed by:
(A)
the Bell County Commissioners Court;
(B)
the Brazoria County Commissioners Court; or
(C)
[
(B)
] the Burnet County Commissioners Court;
(7) a criminal law hearing officer for:
(A) Harris County appointed under Subchapter L,
Chapter 54, Government Code; or
(B) Cameron County appointed under Subchapter
BB, Chapter 54, Government Code;
(8) a magistrate appointed:
(A) by a judge of a district court of Bexar
County, Dallas County, or Tarrant County that gives preference to
criminal cases;
(B) by a judge of a criminal district court of
Dallas County or Tarrant County;
(C)
by a judge of a district court or statutory
county court of Denton or Grayson County;
(D)
by a judge of a district court or statutory
county court that gives preference to criminal cases in Travis
County;
(E)
[
(D)
] by the El Paso Council of Judges;
(F)
[
(E)
] by the Fort Bend County Commissioners
Court;
(G)
[
(F)
] by the Collin County Commissioners
Court; or
(H)
[
(G)
] under Subchapter JJ, Chapter 54,
Government Code;
(9) a magistrate or associate judge appointed by a
judge of a district court of Lubbock County, Nolan County, or Webb
County;
(10) a county judge;
(11) a judge of:
(A) a statutory county court;
(B) a county criminal court; or
(C) a statutory probate court;
(12) an associate judge appointed by a judge of a
statutory probate court under Chapter 54A, Government Code;
(13) a justice of the peace; and
(14) a mayor or recorder of a municipality or a judge
of a municipal court.
SECTION 4.02. Chapter 54, Government Code, is amended by
adding Subchapter A to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
Sec.
54.001.
QUALIFICATIONS. (a)
Except as provided by
Subsection (b) or another provision of this chapter and in addition
to any other qualification required by law, a master, magistrate,
referee, or associate judge appointed under this chapter must have
been licensed to practice law in this state for at least five years
before the date of appointment.
(b)
A master, magistrate, referee, or associate judge
appointed under the following provisions of this chapter must have
been licensed to practice law in this state for at least two years
before the date of appointment:
(1) Section 54.991;
(2) Section 54.1231;
(3) Section 54.1501;
(4) Section 54.1851;
(5) Section 54.2001;
(6) Section 54.2301; or
(7) Section 54.2802.
SECTION 4.03. Chapter 54, Government Code, is amended by
adding Subchapter EE to read as follows:
SUBCHAPTER EE. BELL COUNTY CRIMINAL MAGISTRATES
Sec.
54.1601.
APPOINTMENT.
(a)
The Commissioners Court of
Bell County may select magistrates to serve the courts of Bell
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.
Notwithstanding another provision of this
chapter, to be eligible for appointment under this subchapter, a
person must have been licensed to practice law in this state and in
good standing with the State Bar of Texas for at least two years.
(c)
A magistrate appointed under this section serves at the
pleasure of the commissioners court.
Sec.
54.1602.
JURISDICTION.
A magistrate has concurrent
criminal jurisdiction with the judges of the justice of the peace
courts of Bell County.
Sec.
54.1603.
POWERS AND DUTIES. (a)
The Commissioners
Court of Bell County shall establish the powers and duties of a
magistrate appointed under this subchapter. Except as otherwise
provided by the commissioners court, a magistrate has 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 shall give preference to performing the
duties of a magistrate under Article 15.17, Code of Criminal
Procedure.
(c)
The commissioners court may 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.
(d)
In the hearings provided under Subsection (c), a
magistrate shall give preference to the case of an individual held
in county jail.
(e)
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.
Sec.
54.1604.
JUDICIAL IMMUNITY. A magistrate has the same
judicial immunity as a district judge.
Sec.
54.1605.
WITNESSES. (a) A witness who is sworn and
who appears before a magistrate is subject to the penalties for
perjury and aggravated perjury provided by law.
(b)
A referring court may fine or imprison a witness or
other court participant for failure to appear after being summoned,
refusal to answer questions, or other acts of direct contempt
before a magistrate.
SECTION 4.04. Section 54.302, Government Code, is amended
to read as follows:
Sec. 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
].
SECTION 4.05. Section 54.652, Government Code, is amended
to read as follows:
Sec. 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
].
SECTION 4.06. Section 54.802, Government Code, is amended
to read as follows:
Sec. 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
].
SECTION 4.07. Section 54.853, Government Code, is amended
to read as follows:
Sec. 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;
(3)
[
(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
(4)
[
(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.
SECTION 4.08. Section 54.872, Government Code, is amended
to read as follows:
Sec. 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
].
SECTION 4.09. Section 54.902, Government Code, is amended
to read as follows:
Sec. 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
].
SECTION 4.10. Section 54.972, Government Code, is amended
to read as follows:
Sec. 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
].
SECTION 4.11. Section 54.1173, Government Code, is amended
to read as follows:
Sec. 54.1173. QUALIFICATIONS. A magistrate must:
(1) be a citizen of this state;
and
(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
].
SECTION 4.12. Section 54.1353, Government Code, is amended
to read as follows:
Sec. 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;
and
(4) [
be a licensed attorney with at least four years'
experience; and
[
(5)
] have the other qualifications required by the
board.
SECTION 4.13. Section 54.1501(b), Government Code, is
amended to read as follows:
(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. [
The qualifications must require the
magistrate to:
[
(1)
have served as a justice of the peace or municipal
court judge; or
[
(2) be an attorney licensed in this state.
]
SECTION 4.14. Section 54.1804, Government Code, is amended
to read as follows:
Sec. 54.1804. QUALIFICATIONS. A magistrate must[
:
[
(1)
] be a resident of this state and of the county in
which the magistrate is appointed to serve under this subchapter[
;
and
[
(2)
have been licensed to practice law in this state
for at least four years
].
SECTION 4.15. Section 54.1851(b), Government Code, is
amended to read as follows:
(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. [
The qualifications must require the
magistrate to have served as a justice of the peace or be an
attorney licensed in this state.
]
SECTION 4.16. Section 54.1953, Government Code, is amended
to read as follows:
Sec. 54.1953. QUALIFICATIONS. A magistrate must:
(1) be a citizen of this state;
and
(2) have resided in the county for at least six months
before the date of the appointment[
; and
[
(3) have:
[
(A)
served as a justice of the peace for at least
four years before the date of appointment; or
[
(B)
been licensed to practice law in this state
for at least four years before the date of appointment
].
SECTION 4.17. Section 54.2202(a), Government Code, is
amended to read as follows:
(a) To be eligible for appointment as a magistrate, a person
must:
(1) be a citizen of the United States;
and
(2) have resided in Collin County for at least the four
years preceding the person's appointment[
; and
[
(3)
have been licensed to practice law in this state
for at least four years
].
SECTION 4.18. Section 54.2402(a), Government Code, is
amended to read as follows:
(a) To be eligible for appointment as a magistrate, a person
must:
(1) be a citizen of the United States;
and
(2) have resided in Fort Bend County for at least the
four years preceding the person's appointment[
; and
[
(3)
have been licensed to practice law in this state
for at least four years
].
SECTION 4.19. Section 54.2602, Government Code, is amended
to read as follows:
Sec. 54.2602. QUALIFICATIONS. To be eligible for
appointment as a magistrate, a person must[
:
[
(1)
] be a resident of this state[
; and
[
(2)
have been licensed to practice law in this state
for at least four years
].
SECTION 4.20. Section 54.2702(a), Government Code, is
amended to read as follows:
(a) To be eligible for appointment as a magistrate, a person
must be a resident of this state [
and:
[
(1)
have served as a justice of the peace or municipal
court judge for at least four years before the date of appointment;
or
[
(2)
have been licensed to practice law in this state
for at least four years before the date of appointment
].
SECTION 4.21. Section 54.2802(a), Government Code, is
amended to read as follows:
(a) The district court judges with jurisdiction in Denton
County and the judges of the criminal statutory county courts of
Denton County shall appoint one or more judges to preside over the
criminal law magistrate court. An appointed judge must:
(1) serve Denton County as a district court judge, a
criminal statutory county court judge, an associate judge of a
court with criminal jurisdiction, a magistrate, including a jail
magistrate, a judge of a municipal court of record, or a justice of
the peace;
(2) [
be a licensed attorney in good standing with the
State Bar of Texas;
[
(3)
] be authorized to access criminal history records
under state and federal law;
(3)
[
(4)
] have completed training necessary to serve
as a magistrate in Denton County, as determined by the district
court judges with jurisdiction in Denton County and the judges of
the criminal statutory county courts of Denton County; and
(4)
[
(5)
] meet the qualifications under Section
54.2807.
SECTION 4.22. Section 54.2807, Government Code, is amended
to read as follows:
Sec. 54.2807. QUALIFICATIONS. To be eligible for
appointment as the criminal law magistrate court associate judge, a
jail magistrate, or another magistrate in the criminal law
magistrate court, a person must[
:
[
(1)
] have been a resident of Denton 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
].
SECTION 4.23. Section 54A.003, Government Code, is amended
to read as follows:
Sec. 54A.003. QUALIFICATIONS. To qualify for appointment
as an associate judge under this subchapter, a person must:
(1) be a resident of this state and one of the counties
the person will serve;
(2) have been licensed to practice law in this state
for at least
five
[
four
] years;
(3) not have been removed from office by impeachment,
by the supreme court, by the governor on address to the legislature,
by a tribunal reviewing a recommendation of the State Commission on
Judicial Conduct, or by the legislature's abolition of the judge's
court; and
(4) not have resigned from office after having
received notice that formal proceedings by the State Commission on
Judicial Conduct had been instituted as provided by Section 33.022
and before final disposition of the proceedings.
SECTION 4.24. Section 54A.103, Government Code, is amended
to read as follows:
Sec. 54A.103. QUALIFICATIONS. To qualify for appointment
as an associate judge under this subchapter, a person must:
(1) be a resident of this state and one of the counties
the person will serve;
(2) have been licensed to practice law in this state
for at least
five
[
four
] years;
(3) not have been removed from office by impeachment,
by the supreme court, by the governor on address to the legislature,
by a tribunal reviewing a recommendation of the State Commission on
Judicial Conduct, or by the legislature's abolition of the judge's
court; and
(4) not have resigned from office after having
received notice that formal proceedings by the State Commission on
Judicial Conduct had been instituted as provided in Section 33.022
and before final disposition of the proceedings.
SECTION 4.25. Section 54A.305(a), Government Code, is
amended to read as follows:
(a) To be eligible for appointment as an associate judge
under this subchapter, a person must:
(1) be a citizen of the United States;
(2) be a resident of this state for the two years
preceding the date of appointment; and
(3) be:
(A) eligible for assignment under Section 74.054
because the person is named on the list of retired and former judges
maintained by the presiding judge of the administrative judicial
region under Section 74.055;
(B) eligible for assignment under Section
25.0022 by the presiding judge of the statutory probate courts; or
(C) licensed to practice law in this state
for at
least five years
and have at least four years of experience in
guardianship proceedings or protective services proceedings before
the date of appointment as a practicing attorney in this state or a
judge of a court in this state.
SECTION 4.26. Chapter 54B, Government Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B.
CRIMINAL ASSOCIATE JUDGES IN COKE, CONCHO, IRION,
RUNNELS, SCHLEICHER, STERLING, AND TOM GREEN COUNTIES
Sec.
54B.031.
APPOINTMENT. (a)
A judge of the 51st, 119th,
340th, or 391st district court may appoint a full-time or part-time
criminal associate judge to perform the duties authorized by this
subchapter if the commissioners court of the county in which the
court has jurisdiction has authorized the creation of an associate
judge position.
(b)
If a court has jurisdiction in more than one county, an
associate judge appointed by that court may serve only in a county
in which the commissioners court has authorized the appointment.
(c)
If more than one court in a county is subject to this
subchapter, the commissioners court may authorize the appointment
of an associate judge for each court or may authorize one or more
associate judges to share service with two or more courts.
(d)
If an associate judge serves more than one court, the
associate judge's appointment must be made as established by local
rule, but in no event by less than a vote of two-thirds of the judges
under whom the associate judge serves.
Sec.
54B.032.
APPLICABILITY. Except as provided by Section
54B.033, Subchapter A, Chapter 54A applies to a criminal associate
judge appointed under this subchapter.
Sec.
54B.033.
PROCEEDINGS THAT MAY BE REFERRED. (a)
A
judge may refer to a criminal associate judge any criminal case or
matter relating to a criminal case for proceedings involving:
(1)
a negotiated plea of guilty or no contest and
sentencing before the court;
(2)
a bond forfeiture, remittitur, and related
proceedings;
(3) a pretrial motion;
(4) a writ of habeas corpus;
(5) an examining trial;
(6) an occupational driver's license;
(7)
a petition for an order of expunction under
Chapter 55A, Code of Criminal Procedure;
(8)
an asset forfeiture hearing as provided by Chapter
59, Code of Criminal Procedure;
(9)
a petition for an order of nondisclosure of
criminal history record information or an order of nondisclosure of
criminal history record information that does not require a
petition provided by Subchapter E-1, Chapter 411;
(10)
a motion to modify or revoke community
supervision or to proceed with an adjudication of guilty;
(11)
setting conditions, modifying, revoking, and
surrendering of bonds, including surety bonds;
(12) specialty court proceedings;
(13) a waiver of extradition; and
(14)
any other matter the judge considers necessary
and proper.
(b)
A judge may refer to a criminal associate judge a civil
case arising out of Chapter 59, Code of Criminal Procedure, for any
purpose authorized by that chapter, including issuing orders,
accepting agreed judgments, enforcing judgments, and presiding
over a case on the merits if a party has not requested a jury trial.
(c)
A criminal associate judge may accept a plea of guilty
from a defendant charged with misdemeanor, felony, or both
misdemeanor and felony offenses.
(d)
A criminal associate judge may select a jury. A
criminal associate judge may not preside over a criminal trial on
the merits, whether or not the trial is before a jury.
(e)
A criminal associate judge may not hear a jury trial on
the merits of a bond forfeiture.
(f)
A judge of a designated juvenile court may refer to a
criminal associate judge any proceeding over which a juvenile court
has exclusive original jurisdiction under Title 3, Family Code,
including any matter ancillary to the proceeding.
SECTION 4.27. The changes in law made by this article apply
only to a master, magistrate, referee, or associate judge appointed
under Chapter 54 or 54A, Government Code, as amended by this
article, on or after September 1, 2025. A master, magistrate,
referee, or associate judge appointed before that date is governed
by the law in effect on the date the master, magistrate, referee, or
associate judge was appointed, and the former law is continued in
effect for that purpose.
ARTICLE 5. BUSINESS COURT
SECTION 5.01. Section 659.012, Government Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1)
In addition to the annual base salary from the state
prescribed by Subsection (a), a judge of a division of the business
court is entitled to an additional annual salary from the state in
an amount equal to the difference between the judge's annual base
salary from the state and the maximum combined base salary from all
state and county sources paid to a district judge under Subsection
(a).
ARTICLE 6. JURORS
SECTION 6.01. Article 19A.051(c), Code of Criminal
Procedure, is amended to read as follows:
(c) The judge shall test the qualifications for and
exemptions
[
excuses
] from service as a grand juror and impanel the
completed grand jury as provided by this chapter.
SECTION 6.02. The heading to Subchapter C, Chapter 19A,
Code of Criminal Procedure, is amended to read as follows:
SUBCHAPTER C. GRAND JUROR QUALIFICATIONS;
EXEMPTIONS
[
EXCUSES
]
FROM SERVICE
SECTION 6.03. Article 19A.101, Code of Criminal Procedure,
is amended to read as follows:
Art. 19A.101. GRAND JUROR QUALIFICATIONS
; LISTS OF
DISQUALIFIED PERSONS
. (a) A person may be selected or serve as a
grand juror only if the person:
(1) is at least 18 years of age;
(2) is a citizen of the United States;
(3) is a resident of this state and of the county in
which the person is to serve;
(4) is qualified under the constitution and other laws
to vote in the county in which the grand jury is sitting, regardless
of whether the person is registered to vote;
(5) is of sound mind and good moral character;
(6) is able to read and write;
(7) has never been convicted of misdemeanor theft [
or
a felony
];
(8)
has never been convicted of a felony;
(9)
is not under indictment or other legal accusation
for misdemeanor theft or a felony;
(10)
[
(9)
] is not related within the third degree by
consanguinity or second degree by affinity, as determined under
Chapter 573, Government Code, to any person selected to serve or
serving on the same grand jury;
(11)
[
(10)
] has not served as a grand juror in the year
before the date on which the term of court for which the person has
been selected as a grand juror begins; and
(12)
[
(11)
] is not a complainant in any matter to be
heard by the grand jury during the term of court for which the
person has been selected as a grand juror.
(b) On the third business day of each month, the clerk of the
district court shall prepare
:
(1)
a list of persons who in the preceding month were
disqualified from serving as a grand juror based on the person's
citizenship [
or indictment or conviction for misdemeanor theft or a
felony
] and send a copy of the list to:
(A)
[
(1)
] the secretary of state;
(B)
the voter registrar for the county in which
the grand jury is sitting;
and
(C)
[
(2)
] the prosecuting attorney for the court
to which the grand jurors were summoned for investigation into
whether any person made a false claim concerning the person's
qualification under Subsection (a)(2)
;
(2)
a list of persons who in the preceding month were
disqualified from serving as a grand juror based on the person's
residency and send a copy of the list to:
(A) the secretary of state; and
(B)
the voter registrar for the county in which
the grand jury is sitting;
(3)
a list of persons who in the preceding month were
disqualified from serving as a grand juror based on the person's
conviction for a felony and send a copy of the list to:
(A) the secretary of state;
(B)
the voter registrar for the county in which
the grand jury is sitting; and
(C)
the prosecuting attorney for the court to
which the grand jurors were summoned for investigation into whether
any person made a false claim concerning the person's qualification
under Subsection (a)(8); and
(4)
a list of persons who in the preceding month were
disqualified from serving as a grand juror based on the person's
indictment for a felony or indictment or conviction for misdemeanor
theft and send a copy of the list to:
(A) the secretary of state; and
(B)
the prosecuting attorney for the court to
which the grand jurors were summoned for investigation into whether
any person made a false claim concerning the person's qualification
under Subsection (a)(7) or (9)
[
, (7), or (8)
].
SECTION 6.04. Article 19A.105, Code of Criminal Procedure,
is amended to read as follows:
Art. 19A.105.
EXCUSE AND EXEMPTION
[
EXCUSES
] FROM GRAND
JURY SERVICE. (a) The court shall excuse from serving any
summoned person who does not possess the requisite qualifications
or who claims an exemption to which the person is entitled
.
(b) The following qualified persons may be
exempted
[
excused
] from grand jury service:
(1) a person
who is 75 years of age or
older [
than 70
years of age
];
(2) a person responsible for the care of a child
who is
younger than 18 years of age
and who will be without adequate
supervision if the person serves on the grand jury
;
(3) a student of a public or private secondary school;
(4) a person enrolled in and in actual attendance at an
institution of higher education; and
(5) any other person the court determines has a
reasonable excuse from service.
SECTION 6.05. Subchapter C, Chapter 19A, Code of Criminal
Procedure, is amended by adding Articles 19A.106 and 19A.107 to
read as follows:
Art.
19A.106.
PERMANENT EXEMPTION FOR ELDERLY. (a) A
person who is entitled to exemption from grand jury service because
the person is 75 years of age or older may establish a permanent
exemption on that ground as provided by this article.
(b)
A person may claim a permanent exemption by filing with
the district clerk or the clerk of a district court in the county,
through an electronic transmission, mail, or personal delivery, a
signed statement affirming the person is 75 years of age or older
and desires a permanent exemption on that ground.
(c)
The district clerk shall maintain a current register of
the name of each person who resides in the county and who has
claimed and is entitled to a permanent exemption from grand jury
service because the person is 75 years of age or older.
(d)
On the third business day of each month, the district
clerk shall prepare a list of persons who in the preceding month
were permanently exempted from serving as a grand juror under this
article or who rescinded a permanent exemption under Subsection (f)
and send a copy of the list to the secretary of state.
(e)
A person whose name appears on the register of persons
permanently exempted from serving as a grand juror under this
article may not be selected or summoned for grand jury service by
any district judge in the county.
(f)
A person who has claimed a permanent exemption from jury
service under this article may rescind the exemption at any time by
filing a signed request for the rescission with the district clerk
or the clerk of a district court in the county.
Rescission of a
permanent exemption does not affect the right of a person who is 75
years of age or older to claim a permanent exemption at a later
time.
Art.
19A.107.
LIST OF DISQUALIFIED CONVICTED PERSONS. (a)
The district clerk shall maintain a list of the name and address of
each person who is disqualified under this subchapter from grand
jury service because the person was convicted of misdemeanor theft
or a felony.
(b)
A person who was convicted of misdemeanor theft or a
felony is permanently disqualified from serving as a juror.
(c)
A person whose name appears on the list maintained under
this article may not be selected or summoned for grand jury service
by any judge of a district court served by the clerk.
(d)
On the third business day of each month, the district
clerk shall send a copy of the list maintained under this article
to:
(1) the secretary of state; and
(2)
the prosecuting attorney for the court to which
the grand jurors were summoned for investigation into whether any
person made a false claim concerning the person's qualification
under Article 19A.101(a)(7) or (8).
(e)
On the third business day of each month, the district
clerk shall prepare a list of the name and address of each person on
the list maintained under this article disqualified from grand jury
service because the person was convicted of a felony and send a copy
of the list to the voter registrar for the county in which the grand
jury is sitting.
SECTION 6.06. Sections 62.001(a) and (b), Government Code,
are amended to read as follows:
(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),
(3), (7),
or (8).
(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[
, 62.113, 62.114, and 62.115
].
SECTION 6.07. Section 62.0132(g), Government Code, is
amended to read as follows:
(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;
(3) a litigant and a litigant's attorney in a cause of
action in which the respondent to the questionnaire is a potential
juror; and
(4) other than information provided that is related to
Section
62.102(2), (3), (7), (8), or (9)
[
62.102(8) or (9)
], the
voter registrar of a county in connection with any matter of voter
registration or the administration of elections.
SECTION 6.08. Section 62.102, Government Code, is amended
to read as follows:
Sec. 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 the United States;
(3) is a resident of this state and of the county in
which the person is to serve as a juror;
(4) is qualified under the constitution and laws to
vote in the county in which the person is to serve as a juror;
(5) is of sound mind and good moral character;
(6) is able to read and write;
(7) [
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;
[
(8)
] has not been convicted of misdemeanor theft [
or
a felony
];
(8) has not been convicted of a felony;
[
and
]
(9) is not under indictment or other legal accusation
for misdemeanor theft or a felony
; and
(10)
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
.
SECTION 6.09. Section 62.106(a), Government Code, is
amended to read as follows:
(a) A person qualified to serve as a petit juror may
establish an exemption from jury service if the person:
(1) is [
over
] 75 years of age
or older
;
(2) has legal custody of a child younger than 12 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 unable
to care for himself or herself;
(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.
SECTION 6.10. Section 62.107(c), Government Code, is
amended to read as follows:
(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
] 75 years of age
or older
, 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.
The
[
Promptly after a
statement claiming a permanent exemption on the basis of age is
filed, the
] clerk of the court with whom
the declaration
[
it
] is
filed shall
notify the district clerk
[
have a copy delivered to the
voter registrar of the county
].
SECTION 6.11. Section 62.108, Government Code, is amended
by amending Subsections (a), (b), (c), and (e) and adding
Subsection (c-1) to read as follows:
(a) A person who is entitled to exemption from jury service
because the person is [
over
] 75 years of age
or older
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
district clerk
[
voter
registrar
] of the county, by mail or personal delivery, a signed
statement affirming that the person is [
over
] 75 years of age
or
older
and desires a permanent exemption on that ground; or
(2) in the manner provided by Section 62.107(c).
(c) The
district clerk
[
voter registrar
] of the county 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
] 75 years of age
or older
.
(c-1)
On the third business day of each month, the district
clerk shall prepare a list of persons who in the preceding month
claimed and were entitled to a permanent exemption under this
section or who rescinded an exemption under Subsection (e) and send
a copy of the list to the secretary of state.
(e) A person who has claimed a permanent exemption from jury
service because the person is [
over
] 75 years of age
or older
may
rescind the exemption at any time by filing a signed request for the
rescission with the
district clerk
[
voter registrar
] of the county.
Rescission of a permanent exemption does not affect the right of a
person who is [
over
] 75 years of age
or older
to claim permanent
exemption at a later time.
SECTION 6.12. Section 62.109, Government Code, is amended
by amending Subsections (a), (b), (d), and (e) and adding
Subsection (b-1) to read as follows:
(a) The judge of a district court
or the district clerk
[
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
or the district clerk
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.
(b-1)
The district clerk shall maintain a current list
indicating the name of each person permanently or temporarily
exempt under this section and the period of the exemption.
(d) A person
included on the list maintained under
Subsection (b-1)
[
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
included on the list maintained under Subsection
(b-1)
[
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
district clerk
[
voter registrar
] of the county.
SECTION 6.13. Sections 62.113(a) and (b), Government Code,
are amended to read as follows:
(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:
(1) the voter registrar of the county;
(2) the secretary of state; and
(3) the county or district attorney for an
investigation of whether the person committed an offense under
Section 13.007, Election Code, or other law.
SECTION 6.14. Sections 62.114(a) and (b), Government Code,
are amended to read as follows:
(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 a copy of the list of persons [
excused or
] disqualified in the
previous month because the persons do not reside in the county to:
(1) the voter registrar of the county; and
(2) the secretary of state.
SECTION 6.15. Section 62.115, Government Code, is amended
by amending Subsections (c) and (d) and adding Subsection (d-1) to
read as follows:
(c) The district clerk
shall
[
may
] remove from the jury
wheel the jury wheel card for the person whose name appears on the
list.
(d) On the third business day of each month, the clerk shall
send [
to the secretary of state
] a copy of the list of persons
disqualified because of a conviction of misdemeanor theft or a
felony
to:
(1) the secretary of state; and
(2)
the prosecuting attorney for a court to which a
person was summoned for investigation into whether the person
falsely made a claim related to a disqualification under Section
62.102(7) or (8)
[
in the preceding month
].
(d-1)
On the third business day of each month, the clerk of
the court shall prepare a list of the name and address of each
person on the list maintained under this section disqualified from
jury service because the person was convicted of a felony and send a
copy of the list to the voter registrar for the county.
SECTION 6.16. The changes in law made by this article apply
only to a person who is summoned to appear for service on a grand
jury or petit jury on or after September 1, 2025. A person who is
summoned to appear for service on a grand jury or petit jury before
that date is governed by the law in effect on the date the person was
summoned, and the former law is continued in effect for that
purpose.
ARTICLE 7. COURT ADMINISTRATION
SECTION 7.01. Section 233.006(b), Election Code, is amended
to read as follows:
(b) Except as provided by Section
30.023, Civil Practice and
Remedies Code
[
233.014
], the contestant must file the petition not
later than the later of the 30th day after the date the election
records are publicly available under Section 1.012 or the official
result of the contested election is determined.
SECTION 7.02. (a) Section 233.014, Election Code, is
transferred to Chapter 30, Civil Practice and Remedies Code,
redesignated as Section 30.023, Civil Practice and Remedies Code,
and amended to read as follows:
Sec.
30.023
[
233.014
]. SPECIAL PROCEDURES FOR CONTEST OF
CONSTITUTIONAL AMENDMENT ELECTION. (a) This section applies only
to a contest of an election on a proposed constitutional amendment.
(b) The contestant's petition must be filed and service of
citation on the secretary of state must be obtained before the final
official canvass is completed.
(c)
The filing of an election contest does not suspend
implementation of a constitutional amendment approved by the
majority of the votes cast
[
The declaration of the official result
of a contested election may not be made until the contest is finally
determined. The secretary of state shall tabulate the county
returns and the governor shall announce the final vote count, as
ascertained from the returns, in a written document. The document
announcing the final vote count must state that a contest of the
election has been filed and that the declaration of the official
result will not be made until the contest is finally determined
].
(c-1)
The trial court must ensure a written ruling on a
pretrial motion before the court is entered not later than the 30th
day after the date the motion is filed.
(d) The trial date may not be earlier than the 45th day after
the date of the contested election
except
[
nor later than the 180th
day after the date of the contested election. The trial date may be
earlier than the 45th day after the date of the contested election
]
at the request of the contestant.
The trial court must ensure the
judgment of the court is not filed later than the 180th day after
the date of the contested election.
(e) If an amended petition alleging additional grounds of
contest is filed, the contest may not be called for trial earlier
than the 20th day after the date the amended petition is filed
unless the secretary of state agrees to calling the contest for
trial at an earlier date.
(f) The court shall include in its judgment in a contest an
order directing the governor to declare the [
official result of the
election or to declare the
] election
valid or
void, as appropriate,
not later than the 10th day after the date the judgment becomes
final.
(g) Any question relating to the validity or outcome of a
constitutional amendment election may be raised in an election
contest. A contest is the exclusive method for adjudicating such
questions.
(h) If a contestant files an appeal of the contest, the
appellate court must ensure that the action is brought to final
disposition not later than the
60th
[
180th
] day after the date the
judgment becomes final.
(b) Section 233.014, Election Code, as redesignated and
amended by this article, applies to a contest of a constitutional
amendment election filed on or after September 1, 2025. A contest
of a constitutional amendment election filed before that date is
governed by the law in effect on the date that the suit is filed, and
the former law is continued in effect for that purpose.
SECTION 7.03. Section 253.152(7), Election Code, is amended
to read as follows:
(7) "Statewide judicial office" means the office of
chief justice or justice, supreme court, or presiding judge or
judge, court of criminal appeals
, or the Court of Appeals for the
Fifteenth Court of Appeals District
.
SECTION 7.04. Section 6.4035(e), Family Code, is amended to
read as follows:
(e) The party executing the waiver may [
not
] sign the waiver
using a digitized signature.
SECTION 7.05. The heading to Section 22.110, Government
Code, is amended to read as follows:
Sec. 22.110. JUDICIAL INSTRUCTION RELATED TO FAMILY
VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, AND CHILD
AND
ELDER
ABUSE AND NEGLECT.
SECTION 7.06. Section 22.110, Government Code, is amended
by amending Subsections (a), (b), and (d) and adding Subsection
(b-1) to read as follows:
(a) The court of criminal appeals shall assure that judicial
training related to the problems of family violence, sexual
assault, trafficking of persons, [
and
] child abuse and neglect
, and
elder abuse and neglect
is provided.
(b) The court of criminal appeals shall adopt the rules
necessary to accomplish the purposes of this section. The rules
must require:
(1) each district judge, judge of a statutory county
court, associate judge appointed under Chapter 54A of this code or
Chapter 201, Family Code, master, referee, and magistrate within
the judge's first term of office or the judicial officer's first
four years of service to complete and provide certification of
completion of 12 hours of training that include at least:
(A) four hours dedicated to issues related to
trafficking of persons
,
[
and
] child abuse and neglect
, and elder
abuse and neglect
that cover at least two of the topics described in
Subsections
(d)(8) through (12) and (d)(14)
[
(d)(8)-(12)
];
(B) six hours dedicated to the training described
by Subsections (d)(5), (6), and (7); and
(C) one hour dedicated to the training described
by Subsection (d)(13);
(2) each judge and judicial officer during each
additional term in office or four years of service to complete and
provide certification of completion of an additional five hours of
training that include at least:
(A) two hours dedicated to the training described
by Subsections (d)(11) and (12); and
(B) one hour dedicated to the training described
by Subsection (d)(13); and
(3) each judge of a court with primary responsibility
for family law or family violence matters to complete and provide
certification of completion of an additional hour of training
described by Subsection (d)(13) every two years.
(b-1)
The rules adopted under Subsection (b) must exempt
from the training requirements of this section each judge or
judicial officer, including an associate judge, who files an
affidavit stating the judge or judicial officer does not hear cases
involving family violence, sexual assault, trafficking of persons,
or child abuse and neglect.
(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, trafficking of
persons, and child abuse and neglect;
(4) methods for providing protection for victims of
family violence, sexual assault, trafficking of persons, and child
abuse and neglect;
(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 sexual
assault, trafficking of persons, or child abuse and neglect;
(8) dynamics of sexual abuse of children, including
child abuse accommodation syndrome and grooming;
(9) impact of substance abuse on an unborn child and on
a person's ability to care for a child;
(10) issues of attachment and bonding between children
and caregivers;
(11) issues of child development that pertain to
trafficking of persons and child abuse and neglect;
(12) medical findings regarding physical abuse,
sexual abuse, trafficking of persons, and child abuse and neglect;
[
and
]
(13) dynamics of family violence
; and
(14) elder abuse and neglect
.
SECTION 7.07. Section 22.216(n-2), Government Code, is
amended to read as follows:
(n-2) Notwithstanding Subsection (n-1), the Court of
Appeals for the Fifteenth Court of Appeals District consists of a
chief justice and of two justices holding places numbered
consecutively beginning with Place 2 for the first three years
following the court's creation.
Place 4 shall be created and the
initial vacancy in that place shall be filled for the fourth year
following the court's creation.
Place 5 shall be created and the
initial vacancy in that place shall be filled for the fifth year
following the court's creation.
This subsection expires September
1,
2029
[
2027
].
SECTION 7.08. Section 22.220, Government Code, is amended
by adding Subsection (e) to read as follows:
(e)
A party may not file a notice of appeal in a civil case
requesting assignment of the appeal to the Court of Appeals for the
Fifteenth Court of Appeals District unless the notice includes a
matter arising out of or related to the case that is within the
court's exclusive intermediate appellate jurisdiction.
SECTION 7.09. Section 51.303, Government Code, is amended
by amending Subsections (b) and (f) and adding Subsection (d) to
read as follows:
(b) The clerk of a district court shall:
(1) record the acts and proceedings of the court;
(2) enter all judgments of the court under the
direction of the judge; [
and
]
(3) record all executions issued and the returns on
the executions
; and
(4)
accept an application for a protective order filed
under Chapter 82, Family Code
.
(d)
Paper records must include a reference opposite each
name to the minutes on which is entered the judgment in the case.
(f)
A case with an electronic record must be searchable by
each party's full name, the case number, and the date on which the
record was made
[
In addition to the other powers and duties of this
section, a district clerk shall accept applications for protective
orders under Chapter 71, Family Code
].
SECTION 7.10. Section 51.903(d), Government Code, is
amended to read as follows:
(d) The district clerk may not collect a filing fee
under
Section 12.005, Civil Practice and Remedies Code,
for
a
filing [
a
motion
] under this section.
SECTION 7.11. Section 53.001(a), Government Code, is
amended to read as follows:
(a) The judges of the 30th, 70th, 71st, 78th, 89th,
and
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.
SECTION 7.12. Section 57.002(d), Government Code, is
amended to read as follows:
(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
:
(1)
if:
(A)
[
(1)
] the language necessary in the
proceeding is a language other than Spanish; and
(B)
[
(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
; or
(2)
if the court is a justice court, municipal court,
or municipal court of record
.
SECTION 7.13. Subchapter C, Chapter 71, Government Code, is
amended by adding Section 71.0354 to read as follows:
Sec.
71.0354.
PROSECUTING ATTORNEY INFORMATION. (a) In
this section, "prosecuting attorney" means a county attorney,
district attorney, or criminal district attorney representing this
state in criminal matters before the district or other courts of the
county.
(b)
Each prosecuting attorney shall report in the form and
manner prescribed by the council information on:
(1)
the categories of criminal offenses prosecuted by
the prosecuting attorney and the number of criminal cases in each
category;
(2)
the number of personnel employed by the
prosecuting attorney and whether that number is sufficient to
support the prosecutor's caseload;
(3)
the number of times a defendant was released as
provided by Article 17.151, Code of Criminal Procedure; and
(4)
the number of electronic notices submitted by the
prosecuting attorney to a court as required by Article
17.027(a)(2), Code of Criminal Procedure.
(c)
In prescribing the information to be submitted and form
and manner of submission of the information under Subsection (b),
the council shall consult with:
(1)
the Texas District and County Attorneys
Association; and
(2) other interested persons.
SECTION 7.14. Section 72.015(c), Government Code, is
amended to read as follows:
(c) The judicial security division shall:
(1) serve as a central resource for information on
local and national best practices for court security and the safety
of court personnel;
(2) provide an expert opinion on the technical aspects
of court security; [
and
]
(3) keep abreast of and provide training on recent
court security improvements
; and
(4)
develop a model court emergency management plan as
a resource for court security committees
.
SECTION 7.15. Section 72.016, Government Code, is amended
to read as follows:
Sec. 72.016. NOTIFICATION PROCEDURE FOR JUDICIAL PRIVACY.
The director shall develop a procedure to regularly notify county
registrars, the Department of Public Safety, the Texas Ethics
Commission, and any other state
or local government
agency the
office determines should be notified of the judges, judges'
spouses,
employees of the Office of Court Administration of the
Texas Judicial System and entities administratively attached to the
office, employees and commissioners of the State Commission on
Judicial Conduct,
and related family members whose personal
information must be kept from public records, as provided under
Sections 552.117 and 572.035 of this code, Sections 13.0021 and
15.0215, Election Code,
Section 25.025, Tax Code,
and Section
521.121, Transportation Code.
SECTION 7.16. Section 72.083, Government Code, is amended
by adding Subsection (c) to read as follows:
(c)
Notwithstanding Subsection (b), if the director
determines a performance measure listed in Subsection (b) does not
accurately reflect a court's performance in probate and mental
health matters, the director may develop an alternative performance
measure to assess the efficient and timely adjudication of those
matters and include the alternative performance measure in the
annual report required under Subsection (b).
SECTION 7.17. Section 74.024(d), Government Code, is
amended to read as follows:
(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
provide
[
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
providing
[
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.
SECTION 7.18. Section 74.051(c), Government Code, is
amended to read as follows:
(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
, based on the
number of district courts, business courts, and statutory county
courts in the administrative region, the number of associate judges
appointed by the presiding judge under Chapter 201, Family Code,
and the number of retired and former judges named on the list
maintained under Section 74.055 for the administrative region,
in
an amount equal to:
Number of Courts and Judges
Salary
[
30 to
] 49
or fewer
50
[
30
] percent of the state base salary paid to a district judge as set by the General Appropriations Act in accordance
with Section 659.012(a)
50 to 69
55
[
35
] percent of the state base salary paid to a district judge as set by the General
Appropriations Act in accordance with Section 659.012(a)
70 to 89
60
[
40
] percent of the state base salary paid to a district judge as set by the General
Appropriations Act in accordance with Section 659.012(a)
90 or more
65
[
45
] percent of the state base salary paid to a district judge as set by the General
Appropriations Act in accordance with Section 659.012(a)
SECTION 7.19. Section 74.091, Government Code, is amended
by amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) In a county with two or more district courts the judges
of those courts shall elect a district judge as local
administrative district judge
:
(1)
for a term of [
not more than
] two years
; or
(2)
if the district judge's term ends before the second
anniversary of the date the district judge is elected as local
administrative judge, for the remainder of the district judge's
term
.
(b-1)
The local administrative district judge may not be
elected on the basis of rotation or seniority.
SECTION 7.20. Section 74.092, Government Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) A local administrative judge, for the courts for which
the judge serves as local administrative judge, shall:
(1) implement and execute the local rules of
administration, including the assignment, docketing, transfer, and
hearing of cases;
(2) appoint any special or standing committees
necessary or desirable for court management and administration;
(3) promulgate local rules of administration if the
other judges do not act by a majority vote;
(4) recommend to the regional presiding judge any
needs for assignment from outside the county to dispose of court
caseloads;
(5) supervise the expeditious movement of court
caseloads, subject to local, regional, and state rules of
administration;
(6) provide the supreme court and the office of court
administration requested statistical and management information;
(7) set the hours and places for holding court in the
county;
(8) supervise the employment and performance of
nonjudicial personnel;
(9) supervise the budget and fiscal matters of the
local courts, subject to local rules of administration;
(10) coordinate and cooperate with any other local
administrative judge in the district in the assignment of cases in
the courts' concurrent jurisdiction for the efficient operation of
the court system and the effective administration of justice;
(11) if requested by the courts the judge serves,
establish and maintain the lists required by Section 37.003 and
ensure appointments are made from the lists in accordance with
Section 37.004;
(12) perform other duties as may be directed by the
chief justice or a regional presiding judge; and
(13) establish a court security committee to adopt
security policies and procedures for the
trial
courts served by the
local administrative district judge
, including by adopting a court
emergency management plan,
that is composed of:
(A) the local administrative district judge, or
the judge's designee, who serves as presiding officer of the
committee;
(B) a representative of the sheriff's office;
(C)
a representative of a constable's office;
(D)
a representative of the county commissioners
court;
(E)
[
(D)
] one judge of each type of court in the
county
, including a justice of the peace and excluding the judge of
[
other than
] a municipal court or a municipal court of record;
(F)
[
(E)
] a representative of any county
attorney's office, district attorney's office, or criminal district
attorney's office that serves in the applicable courts; and
(G)
[
(F)
] any other person the committee
determines necessary to assist the committee.
(c)
Notwithstanding Section 551.001 or 552.003, a court
security committee established under this section is not a
governmental body for the purposes of Chapter 551 or 552.
SECTION 7.21. Section 74.092(b), Government Code, is
redesignated as Section 74.0922, Government Code, and amended to
read as follows:
Sec. 74.0922. DUTIES OF COURT SECURITY COMMITTEE.
[
(b)
] A
court security committee
established under Section 74.092(a)(13)
shall meet at least once annually and shall develop and submit
recommendations
[
may recommend
] to the county commissioners court
on
the uses of resources and expenditures of money for courthouse
security, but may not direct the assignment of those resources or
the expenditure of those funds.
SECTION 7.22. Chapter 74, Government Code, is amended by
adding Subchapter D-1 to read as follows:
SUBCHAPTER D-1. COURT LEADERSHIP CONFERENCE
Sec.
74.0981.
COURT LEADERSHIP CONFERENCE. The Office of
Court Administration of the Texas Judicial System shall hold an
annual leadership conference to provide information to presiding
judges of administrative regions, local administrative judges, and
court administrators related to:
(1) court budgets and operational funding;
(2)
court activity statistics and case-level
information on the amount and character of the business transacted
by the state trial courts;
(3) the duties of a local administrative judge; and
(4) other matters related to court administration.
Sec.
74.0982.
REIMBURSEMENT.
The Office of Court
Administration of the Texas Judicial System may reimburse a
presiding judge of an administrative region, a local administrative
judge, or a court administrator for the expense of attending the
leadership conference described by Section 74.0981 to the extent
money is appropriated to the office for that purpose.
SECTION 7.23. Section 75.001(d), Government Code, is
amended to read as follows:
(d) A retiree who makes an election under this section shall
be
:
(1)
designated a senior judge
; and
(2)
considered a judge of a court of this state for the
purpose of appointment to a judicial branch board, commission, or
council
.
SECTION 7.24. Section 121.002(c), Government Code, is
amended to read as follows:
(c) Notwithstanding any other law, a specialty court
program may not operate until the judge, magistrate, or
coordinator:
(1) provides to the Office of Court Administration of
the Texas Judicial System:
(A) written notice of the program;
(B) any resolution or other official declaration
under which the program was established; and
(C) a copy of the
program policy manual,
participant handbook, or other adopted documentation describing
the operational plan of
[
applicable strategic plan that
incorporates duties related to supervision that will be required
under
] the program; and
(2) receives from the office written verification of
the program's compliance with Subdivision (1).
SECTION 7.25. Section 406.026, Government Code, is amended
to read as follows:
Sec. 406.026. ELECTRONIC NOTARIZATION. In a proceeding
filed under Title
1 or
5, Family Code, if a signature is required to
be notarized, acknowledged, verified, or made under oath, the
requirement may be satisfied if the electronic signature of the
person authorized to perform that act, together with all other
information required to be included by other applicable law, is
attached to or logically associated with the signature required to
be notarized, acknowledged, verified, or made under oath.
SECTION 7.26. Section 659.012, Government Code, is amended
by amending Subsection (d) and adding Subsection (d-1) to read as
follows:
(d) Notwithstanding any other provision in this section or
other law, [
in a county with more than five district courts,
] a
district judge who serves as a local administrative district judge
under Section 74.091 is entitled to an annual base salary from the
state
in the amount provided under Subsection (a) or (b) and an
additional annual
[
in the
] amount
from the state
equal to
:
(1)
in a county with three or four district courts,
three percent of the annual base
[
$5,000 more than the maximum
]
salary
for a judge of a district court
[
from the state to which the
judge is otherwise entitled
] under Subsection (a)
;
(2)
in a county with more than four but fewer than 10
district courts, five percent of the annual base salary for a judge
of a district court under Subsection (a); or
(3)
in a county with 10 or more district courts, seven
percent of the annual base salary for a judge of a district court
under Subsection (a)
[
or (b)
].
(d-1)
Notwithstanding any other provision in this section
or other law, a judge of a division of the business court who serves
as administrative presiding judge under Section 25A.009 is entitled
to an annual base salary from the state in the amount provided under
Subsection (a) or (b) and an additional annual amount equal to the
amount provided under Subsection (d)(3).
SECTION 7.27. Section 574.001(b), Health and Safety Code,
is amended to read as follows:
(b) Except as provided by Subsection (f), the application
must be filed with the county clerk in the county in which the
proposed patient:
(1) resides;
(2)
is located at the time the application is filed
[
is
found
]; [
or
]
(3)
was apprehended under Chapter 573; or
(4)
is receiving mental health services by court order
or under Subchapter A, Chapter 573.
SECTION 7.28. Section 118.011(a), Local Government Code, is
amended to read as follows:
(a) A county clerk shall collect the following fees for
services rendered to any person:
(1) Personal Property Records Filing (Sec. 118.012):
(A) for the first page$ 5.00;
(B) for each additional page or part of a page on
which there are visible marks of any kind$ 4.00;
(2) Real Property Records Filing (Sec. 118.013):
(A) for the first page$ 5.00;
(B) for each additional page or part of a page on
which there are visible marks of any kind$ 4.00;
(C) for all or part of each 8-1/2" X 14"
attachment or rider$ 4.00;
(D) for each name in excess of five names that
has to be indexed in all records in which the document must be
indexed $ 0.25;
(3) Certified Papers (Sec. 118.014):
(A) for the clerk's certificate$ 5.00;
(B) printed on paper, plus a fee for each page or
part of a page$ 1.00;
(C) that is a paper document converted to
electronic format, for each page or part of a page$1;
(D) that is an electronic copy of an electronic
document:
(i) for each document up to 10 pages in
length$1;
(ii) for each page or part of a page of a
document over 10 pages$0.10;
(4) Noncertified Papers (Sec. 118.0145):
(A) printed on paper, for each page or part of a
page$ 1.00;
(B) that is a paper document converted to
electronic format, for each page or part of a page$1;
(C) that is an electronic copy of an electronic
document:
(i) for each document up to 10 pages in
length$1;
(ii) for each page or part of a page of a
document over 10 pages$0.10;
(5) Birth or Death Certificate (Sec. 118.015)same
as state registrar;
(6) Bond Approval (Sec. 118.016)$
5.00
[
3.00
];
(7) Marriage License (Sec. 118.018)$60.00;
(8) Declaration of Informal Marriage (Sec.
118.019)$25.00;
(9) Brand Registration (Sec. 118.020)$ 5.00;
(10) Oath Administration (Sec. 118.021)$ 1.00.
SECTION 7.29. Section 135.101(a), Local Government Code, is
amended to read as follows:
(a) A person shall pay in a district court, statutory county
court, or county court in addition to all other fees and court costs
a local consolidated filing fee of:
(1) $213 on filing any civil case except a probate,
guardianship, or mental health case; and
(2) $35 on any action other than an original action for
a case subject to Subdivision (1), including [
an appeal and
] any
counterclaim, cross-action, intervention, contempt action,
interpleader, motion for new trial, motion to reinstate, or
third-party action.
SECTION 7.30. Section 615.003(a), Local Government Code, is
amended to read as follows:
(a) A county [
with a population of 150,000 or more
] may
construct, enlarge, equip, and operate a parking lot or parking
garage adjacent to or near the county courthouse.
SECTION 7.31. Sections 53.001(i), 53.009(d), and
74.051(b), Government Code, are repealed.
SECTION 7.32. (a) In this section:
(1) "Digital court reporting" means the act of making
a verbatim record of an oral court proceeding, deposition, or
proceeding before a grand jury, referee, or court commissioner for
use in litigation in the courts of this state through the use of
digital technology, electronic recording equipment, or other
recording and transcribing technology.
(2) "Office" means the Office of Court Administration
of the Texas Judicial System.
(b) The office shall conduct a study on digital court
reporting, including:
(1) an evaluation of the current use of digital court
reporting in the courts of this state, including the cost, access,
accuracy, and effectiveness of digital court reporting;
(2) an analysis of the use of digital court reporting
in other states and jurisdictions; and
(3) recommendations on any necessary changes to
statutes, rules, regulations, or standards regarding the use of
digital court reporting in this state.
(c) Not later than October 1, 2026, the office shall submit
a report on the study conducted under this section to the governor,
lieutenant governor, speaker of the house of representatives, and
appropriate standing committees of the legislature.
(d) This section expires September 1, 2027.
SECTION 7.33. Section 6.4035(e), Family Code, and Section
406.026, Government Code, as amended by this article, apply to a
waiver of citation executed in a suit for dissolution of a marriage
that is pending in a trial court on September 1, 2025, or that is
filed on or after that date.
SECTION 7.34. (a) As soon as practicable after September 1,
2025, the Texas Court of Criminal Appeals shall adopt the rules
necessary to implement Section 22.110, Government Code, as amended
by this article.
(b) Section 22.110, Government Code, as amended by this
article, applies to all judges, masters, referees, and magistrates
elected, appointed, or holding office on or after September 1,
2025.
SECTION 7.35. Section 22.220(e), Government Code, as added
by this article, applies only to a notice of appeal filed on or
after September 1, 2025. A notice of appeal filed before that date
is governed by the law in effect on the date the notice was filed,
and the former law is continued in effect for that purpose.
SECTION 7.36. Section 53.001, Government Code, as amended
by this article, does not apply to a bailiff appointed by the judge
of the 341st or 406th district court before September 1, 2025. A
bailiff appointed by the judge of the 341st or 406th district court
before that date shall continue to serve and receive compensation
from Webb County in the same manner as before that date and shall be
eligible to receive any longevity or cost of living salary
increases available to a bailiff serving in Webb County before that
date. The former law is continued in effect for the purposes of
this section.
SECTION 7.37. Not later than September 1, 2026, the Texas
Judicial Council shall prescribe the information, and form and
manner of submission, a prosecuting attorney in this state is
required to report under Section 71.0354, Government Code, as added
by this article.
SECTION 7.38. The change in law made by this article to
Section 574.001, Health and Safety Code, applies only to an
application for court-ordered mental health services submitted on
or after September 1, 2025.
ARTICLE 8. COPIES CERTIFIED BY CLERKS
SECTION 8.01. Subchapter D, Chapter 51, Government Code, is
amended by adding Section 51.3033 to read as follows:
Sec.
51.3033.
CERTIFIED COPIES. A certified copy made of an
original document on file in a district clerk's office must
include:
(1) on each page of the copy:
(A) the clerk's signature or initials;
(B) the district court seal; or
(C)
a unique document certification and
paginated page number; and
(2) on the final page of the copy:
(A)
the clerk's attestation certifying that the
copy is a true and correct copy of the original document filed in
the clerk's office;
(B) the number of pages copied; and
(C) the date the copy was issued.
SECTION 8.02. Subchapter F, Chapter 51, Government Code, is
amended by adding Section 51.503 to read as follows:
Sec.
51.503.
CERTIFIED COPIES. A certified copy made of an
original document on file in a joint clerk's office must include:
(1) on each page of the copy:
(A) the clerk's signature or initials;
(B) the applicable court's seal; or
(C)
a unique document certification and
paginated page number; and
(2) on the final page of the copy:
(A)
the clerk's attestation certifying that the
copy is a true and correct copy of the original document filed in
the clerk's office;
(B) the number of pages copied; and
(C) the date the copy was issued.
SECTION 8.03. Chapter 191, Local Government Code, is
amended by adding Section 191.0041 to read as follows:
Sec.
191.0041.
CERTIFIED COPIES. A certified copy made of
an original document on file in a county clerk's office must
include:
(1) on each page of the copy:
(A) either:
(i) the clerk's signature or initials; or
(ii)
a unique document certification and
paginated page number; and
(B) either:
(i)
the commissioners court seal on a copy
of a document that is not a court document; or
(ii)
the court seal on a copy of a court
document; and
(2) on the final page of the copy:
(A)
the clerk's attestation certifying that the
copy is a true and correct copy of the original document filed in
the clerk's office;
(B) the number of pages copied; and
(C) the date the copy was issued.
ARTICLE 9. YOUTH DIVERSION
SECTION 9.01. Article 45A.253(b), Code of Criminal
Procedure, is amended to read as follows:
(b) A judge
shall
[
may
] allow a defendant who is a child, as
defined by Article 45A.453(a), to elect at the time of conviction,
as defined by Section 133.101, Local Government Code, to discharge
the fine and costs by:
(1) performing community service or receiving
tutoring under Article 45A.460, regardless of whether the
applicable offense occurred at a location specified by Subsection
(a) of that article; or
(2) paying the fine and costs in a manner described by
Article 45A.251(b).
SECTION 9.02. (a) Chapter 45A, Code of Criminal Procedure,
is amended to conform to Section 2, Chapter 525 (H.B. 3186), Acts of
the 88th Legislature, Regular Session, 2023, and Chapter 1033 (S.B.
24), Acts of the 88th Legislature, Regular Session, 2023, and is
further amended by adding Subchapter K to read as follows:
SUBCHAPTER K.
YOUTH DIVERSION
Art. 45A.501. DEFINITIONS. In this subchapter:
(1)
"Charge" means a formal or informal allegation of
an offense, including a citation, written promise to appear,
complaint, or pending complaint.
(2)
"Child" has the meaning assigned by Article
45A.453(a).
(3)
"Court" means a justice court, municipal court, or
other court subject to this chapter.
(4)
"Diversion" means an intervention strategy that
redirects a child from formal criminal prosecution and holds the
child accountable for the child's actions. The term includes
diversion under Article 45A.509 or 45A.510.
(5)
"Offense" means a misdemeanor punishable by fine
only, other than a traffic offense.
(6)
"Parent" has the meaning assigned by Article
45A.457(a).
(7)
"Service provider" means a governmental agency,
political subdivision, open-enrollment charter school, nonprofit
organization, or other entity that provides services to children or
families.
(8)
"Traffic offense"
has the meaning assigned by
Section 51.02, Family Code.
(9)
"Youth diversion plan" means a plan adopted under
Article 45A.506.
Art.
45A.502.
APPLICABILITY. This subchapter applies only
to a child who is alleged to have engaged in conduct that
constitutes a misdemeanor punishable by fine only, other than a
traffic offense.
Art.
45A.503.
TRANSFER TO JUVENILE COURT NOT AFFECTED.
Nothing in this subchapter precludes:
(1)
a case involving a child from being referred,
adjudicated, or disposed of as conduct indicating a need for
supervision under Title 3, Family Code; or
(2)
a waiver of criminal jurisdiction and transfer of
a child's case as provided by Section 51.08, Family Code.
Art.
45A.504.
DIVERSION ELIGIBILITY. (a) Except as
otherwise provided by this subchapter, a child shall be diverted
from formal criminal prosecution as provided by this subchapter.
(b)
A child is eligible to enter into a diversion agreement
under this subchapter only once every 12 months.
(b-1)
A child is eligible to enter into a diversion
agreement under this subchapter for more than one offense if the
offenses are alleged to have occurred as part of the same criminal
episode, as defined by Section 3.01, Penal Code.
(c)
A child is not eligible for diversion if the child has
previously had an unsuccessful diversion under this subchapter.
(d)
A child is not eligible for diversion if a diversion is
objected to by the attorney representing the state.
(e)
A court may not divert a child from criminal prosecution
as provided by this subchapter without the written consent of the
child and the child's parent.
Art.
45A.505.
DIVERSION STRATEGIES. (a) Diversion
strategies include:
(1)
requiring a child to participate in a program,
including:
(A)
a court-approved teen court program operated
by a service provider;
(B) a school-related program;
(C)
an educational program, including an alcohol
awareness program, a tobacco awareness program, or a drug education
program;
(D) a rehabilitation program; or
(E)
a self-improvement program, including a
program relating to self-esteem, leadership, self-responsibility,
empathy, parenting, parental responsibility, manners, violence
avoidance, anger management, life skills, wellness, or dispute
resolution;
(2)
referring a child to a service provider for
services, including:
(A)
at-risk youth services under Subchapter D,
Chapter 137, Human Resources Code;
(B)
juvenile case manager services under Article
45A.451;
(C)
work and job skills training, including job
interviewing and work preparation;
(D)
academic monitoring or tutoring, including
preparation for a high school equivalency examination administered
under Section 7.111, Education Code;
(E) community-based services;
(F)
mental health screening and clinical
assessment;
(G)
counseling, including private or in-school
counseling; or
(H) mentoring services;
(3) requiring a child to:
(A)
participate in mediation or other dispute
resolution processes;
(B) submit to alcohol or drug testing; or
(C)
substantially comply with a course of
treatment prescribed by a physician or other licensed medical or
mental health professional; and
(4) requiring a child, by court order, to:
(A)
pay restitution not to exceed $100 for an
offense against property under Title 7, Penal Code;
(B)
perform not more than 20 hours of community
service; or
(C)
perform any other reasonable action
determined by the court.
(b) A diversion strategy may be imposed under:
(1) an intermediate diversion under Article 45A.509;
(2)
a diversion by a justice or judge under Article
45A.510; or
(3)
a system of graduated sanctions for certain school
offenses under Section 37.144, Education Code.
(c)
A diversion strategy under this subchapter may not
require a child who is a home-schooled student, as defined by
Section 29.916, Education Code, to:
(1) attend an elementary or secondary school; or
(2)
use an educational curriculum other than the
curriculum selected by the parent.
Art.
45A.506.
YOUTH DIVERSION PLAN. (a) A youth diversion
plan is a written plan that describes the types of strategies that
will be used to implement youth diversion. A youth diversion plan
does not limit the types of diversion strategies that may be imposed
under a diversion agreement under Article 45A.508.
(b)
Each justice and municipal court shall adopt a youth
diversion plan.
(c)
A youth diversion plan may be devised for a county or
municipality or an individual court within a county or
municipality.
(d)
In accordance with Chapter 791, Government Code, a local
government may enter into an agreement with one or more local
governments to create a regional youth diversion plan and
collaborate in the implementation of this subchapter.
(e)
A youth diversion plan may include an agreement with a
service provider to provide services for a diversion strategy.
(f)
A youth diversion plan may contain guidelines for
disposition or diversion of a child's case by law enforcement. The
guidelines are not mandatory.
(g)
A current youth diversion plan must be maintained on
file for public inspection in each justice and municipal court,
including courts that collaborate with one or more counties or
municipalities.
(h)
A court or local government may adopt rules necessary to
coordinate services under a youth diversion plan or to implement
this subchapter.
Art.
45A.507.
YOUTH DIVERSION COORDINATOR. (a) A court may
designate a youth diversion coordinator to assist the court in:
(1)
determining whether a child is eligible for
diversion;
(2)
employing a diversion strategy authorized by this
subchapter;
(3) presenting and maintaining diversion agreements;
(4) monitoring diversions;
(5)
maintaining records regarding whether one or more
diversions were successful or unsuccessful; and
(6) coordinating referrals to court.
(b)
The responsibilities of the youth diversion coordinator
may be performed by:
(1)
a court administrator or court clerk, or a person
who regularly performs the duties of court administrator or court
clerk;
(2)
an individual or entity that provides juvenile
case manager services under Article 45A.451;
(3) a court-related services office;
(4)
a community supervision and corrections
department, including a juvenile probation department;
(5)
a county or municipal employee, including a peace
officer;
(6) a community volunteer;
(7)
an institution of higher education, including a
public, private, or independent institution of higher education; or
(8)
a qualified nonprofit organization as determined
by the court.
Art.
45A.508.
DIVERSION AGREEMENT. (a) A diversion
agreement must identify the parties to the agreement and the
responsibilities of the child and the child's parent to ensure
their meaningful participation in a diversion under Article 45A.509
or 45A.510.
(b)
Stated objectives in a diversion agreement must be
measurable, realistic, and reasonable and consider the
circumstances of the child, the best interests of the child, and the
long-term safety of the community.
(c) A diversion agreement must include:
(1)
the terms of the agreement, including one or more
diversions required to be completed by the child, written in a clear
and concise manner and identifying any offense or charge being
diverted;
(2)
possible outcomes or consequences of a successful
diversion and an unsuccessful diversion;
(3)
an explanation that participation in a diversion
is not an admission of guilt and a guilty plea is not required to
participate in a diversion;
(4)
an explanation of the process that will be used for
reviewing and monitoring compliance with the terms of the
agreement;
(5) the period of the diversion;
(6) a verification that:
(A)
the child and the child's parent were
notified of the child's rights, including the right to refuse
diversion; and
(B)
the child knowingly and voluntarily consents
to participate in the diversion; and
(7)
written acknowledgment and acceptance of the
agreement by the child and the child's parent.
(d)
The terms of an agreement may vary depending on the
circumstances of the child, including the child's age and ability,
the charge being diverted, or the diversion strategy used.
(e)
A charge may not be filed against a child or, if filed,
shall be dismissed by the court if the child:
(1) does not contest the charge;
(2)
is eligible for diversion under Article 45A.504;
and
(3) accepts the terms of the agreement.
(f)
Entering into a diversion agreement under this article
extends the court's jurisdiction for the term of the agreement.
(g)
On entering into a diversion agreement, a copy of the
agreement shall be provided to the child and the child's parent, the
clerk of the court, a youth diversion coordinator, and any person
specified by the youth diversion plan.
Art.
45A.509.
INTERMEDIATE DIVERSION. (a) If provided by a
youth diversion plan, a youth diversion coordinator or juvenile
case manager shall advise the child and the child's parent before a
case is filed that the case may be diverted under this article for a
reasonable period not to exceed 180 days if:
(1)
the child is eligible for diversion under Article
45A.504;
(2)
diversion is in the best interests of the child and
promotes the long-term safety of the community;
(3)
the child and the child's parent consent to
diversion with the knowledge that diversion is optional; and
(4)
the child and the child's parent are informed that
they may terminate the diversion at any time and, if terminated, the
case will be referred to court.
(b)
The terms of a diversion agreement under this article
must be in writing and may include any of the diversion strategies
under Article 45A.505.
(c)
The case of a child who successfully complies with the
terms of a diversion agreement under this article shall be closed
and reported as successful to the court.
(d)
A child who does not comply with the terms of a diversion
agreement under this article shall be referred to court under
Article 45A.511.
Art.
45A.510.
DIVERSION BY JUSTICE OR JUDGE. (a)
If a
charge involving a child who is eligible for diversion is filed with
a court, and the child does not contest the charge, a justice or
judge shall divert the case under this article without the child
having to enter a plea.
(b) A diversion under this article may not exceed 180 days.
(c)
The terms of a diversion agreement under this article
must be in writing and may include any of the diversion strategies
described by Article 45A.505.
(d)
The case of a child who successfully complies with the
terms of a diversion agreement under this article shall be closed
and reported as successful to the court.
(e)
A child who does not comply with the terms of a diversion
agreement under this article shall be referred to court for a
hearing under Article 45A.511.
Art.
45A.511.
REFERRAL TO COURT. (a)
A court shall conduct
a non-adversarial hearing for a child who does not successfully
complete the terms of a diversion under Article 45A.509 or 45A.510
and is referred to the court.
(b)
The hearing is an opportunity for a justice or judge to
confer with the child and the child's parent to determine whether a
diversion should be declared unsuccessful by the court. The court
may also hear from any person who may be of assistance to the child
or the court in determining what is in the best interests of the
child and the long-term safety of the community.
(c) After the hearing, a court may enter an order:
(1)
amending or setting aside terms in the diversion
agreement;
(2)
extending the diversion for a period not to exceed
one year from the initial start date of the diversion;
(3)
issuing a continuance for the hearing for a period
not to exceed 60 days to allow an opportunity for compliance with
the terms of the diversion;
(4)
subject to Subsection (d), requiring the child's
parent to perform any act or refrain from performing any act as the
court determines will increase the likelihood the child will
successfully complete the diversion and comply with any other order
of the court that is reasonable and necessary for the welfare of the
child;
(5)
finding the diversion successful on the basis of
substantial compliance; or
(6) finding the diversion unsuccessful and:
(A)
transferring the child to juvenile court for
alleged conduct indicating a need for supervision under Section
51.08, Family Code; or
(B)
referring the charge to the prosecutor for
consideration of re-filing.
(d)
An order under Subsection (c)(4) may not have the
substantive effect of interfering with a parent's fundamental right
to determine how to raise the parent's child, unless the court finds
that the interference is necessary to prevent significant
impairment of the child's physical, mental, or emotional health.
(e)
An order under Subsection (c)(4) is enforceable against
the parent by contempt.
(f)
The statute of limitations in Article 12.02 is tolled
during the diversion period for purposes of Subsection (c)(6)(B).
Art.
45A.512.
LOCAL YOUTH DIVERSION ADMINISTRATIVE FEE.
(a)
The clerk of a justice or municipal court may collect from a
child's parent an administrative fee not to exceed $50 to defray the
costs of the diversion of the child's case under this subchapter.
(b)
The fee under this article may not be collected unless
specified as a term of the diversion agreement accepted by the
child's parent. If the fee is not paid after giving the child's
parent an opportunity to be heard, the court shall order the parent,
if financially able, to pay the fee to the clerk of the court.
(c)
A court shall waive the fee if the child's parent is
indigent or does not have sufficient resources or income to pay the
fee.
(d)
A court may adopt rules for the waiver of a fee for
financial hardship under this article.
(e)
An order under Subsection (b) is enforceable against the
parent by contempt.
(f)
The clerk of the court shall keep a record of the fees
collected under this article and shall forward the funds to the
county treasurer, municipal treasurer, or person fulfilling the
role of a county treasurer or municipal treasurer, as appropriate.
(g)
The fee collected under this article shall be deposited
in a special account that can be used only to offset the cost of the
operations of youth diversion programs under this subchapter.
(h)
Except for the fee authorized under Subsection (a), a
fee may not be assessed for a child diverted under this subchapter.
(i)
The diversion of a child may not be contingent on
payment of a fee under this article.
Art.
45A.513.
DIVERSION RECORDS. (a)
A justice or
municipal court shall maintain statistics for each diversion
strategy authorized by this subchapter.
(b)
Other than statistical records, all records generated
under this subchapter are confidential under Article 45A.462.
(c)
All records of a diversion pertaining to a child under
this subchapter shall be expunged without the requirement of a
motion or request, on the child's 18th birthday.
(b) Section 2, Chapter 525 (H.B. 3186), Acts of the 88th
Legislature, Regular Session, 2023, which added Subchapter E,
Chapter 45, Code of Criminal Procedure, is repealed.
(c) Section 4, Chapter 525 (H.B. 3186), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article 45.041,
Code of Criminal Procedure, is repealed.
SECTION 9.03. Section 53.01(b-1), Family Code, is amended
to read as follows:
(b-1) The person who is conducting the preliminary
investigation shall, as appropriate, refer the child's case to a
community resource coordination group, a local-level interagency
staffing group, or other community juvenile service provider for
services under Section 53.011, if the person determines that:
(1) [
the child is younger than 12 years of age;
[
(2)
] there is probable cause to believe the child
engaged in delinquent conduct or conduct indicating a need for
supervision;
(2)
[
(3)
] the child's case does not require referral
to the prosecuting attorney under Subsection (d) or (f);
(3)
[
(4)
] the child is eligible for deferred
prosecution under Section 53.03; and
(4)
[
(5)
] the child
:
(A)
is younger than 12 years of age, and the
child
and the child's family are not currently receiving services
under Section 53.011 and would benefit from receiving the services
;
or
(B)
resides in a general residential operation,
as that term is defined by Section 42.002, Human Resources Code
.
SECTION 9.04. Section 82.004, Family Code, is amended to
read as follows:
Sec. 82.004. FORM AND CONTENT OF APPLICATION.
(a)
A person
filing an application under this chapter shall use the protective
order application form created by the Office of Court
Administration of the Texas Judicial System under Section 72.039,
Government Code, that is available on the office's Internet
website, and shall include in the application:
(1) the name [
and county of residence
] of each
applicant;
(2)
the county of residence of each applicant, unless
the applicant requests confidentiality pursuant to Section 82.011
or 85.007;
(3)
the name and county of residence of each
individual alleged to have committed family violence;
(4)
[
(3)
] the relationships between the applicants
and the individual alleged to have committed family violence;
(5)
[
(4)
] a request for one or more protective orders;
[
and
]
(6)
[
(5)
] whether an applicant is receiving services
from the Title IV-D agency in connection with a child support case
and, if known, the agency case number for each open case
; and
(7)
any additional information known by the applicant
that may assist in finding the respondent for the purposes of
services
.
(b)
An applicant may submit an affidavit of confidentiality
to the court pursuant to Section 72.039, Government Code, or
Section 82.011 or 85.007, Family Code, to omit confidential
information from the application and any subsequent protective
order. An affidavit of confidentiality is only for the court's use
and shall not be transmitted to the respondent.
(c)
A party's failure to use the standardized protective
order form as required under Subsection (a) does not affect the
validity or enforceability of the application or any subsequent
protective order issued.
SECTION 9.05. Section 42.0426(b), Human Resources Code, is
amended to read as follows:
(b) A residential child-care facility shall implement a
behavior intervention program approved by the department for the
benefit of a child served by the facility who needs assistance in
managing the child's conduct. The program must include:
(1) behavior intervention instruction for staff
members who work directly with children served by the facility
,
including crisis response training for emergency behavior
intervention with a goal of limiting law enforcement involvement
;
and
(2) training for all employees regarding the risks
associated with the use of prone restraints.
SECTION 9.06. Section 152.00145, Human Resources Code, is
amended to read as follows:
Sec. 152.00145. DIVERSION AND DETENTION POLICY FOR CERTAIN
JUVENILES.
(a)
In this section, "general residential operation"
has the meaning assigned by Section 42.002.
(b)
A juvenile board shall establish policies that
prioritize:
(1) the diversion
from referral to a prosecuting
attorney under Chapter 53, Family Code,
of children
who are:
(A)
younger than 12 years of age [
from referral
to a prosecuting attorney under Chapter 53, Family Code
];
or
(B)
residing in a general residential operation,
particularly children alleged to have engaged in conduct
constituting a misdemeanor involving violence to a person;
and
(2) the limitation of detention
, to circumstances of
last resort,
of children
who are:
(A)
younger than 12 years of age
; or
(B) residing in a general residential operation
[
to circumstances of last resort
].
(c)
To monitor the success of policies implemented under
Subsection (b) for children who reside in general residential
operations, a juvenile board shall track:
(1)
the number of children referred to the board who
reside in a general residential operation;
(2)
the number of children described by Subdivision
(1) who receive deferred prosecution or are referred to the
juvenile probation department; and
(3)
the general residential operation where a child
described by Subdivision (1) resides.
SECTION 9.07. Section 53.01(b-1), Family Code, as amended
by this article, applies only to conduct that occurs on or after
September 1, 2025. Conduct that occurs before September 1, 2025, is
governed by the law in effect on the date the conduct occurred, and
the former law is continued in effect for that purpose. For the
purposes of this section, conduct occurred before September 1,
2025, if any element of the conduct occurred before that date.
ARTICLE 10. JUVENILE BOARDS
SECTION 10.01. Section 152.0191(a), Human Resources Code,
is amended to read as follows:
(a) The juvenile board of Bee County is composed of the
county judge
,
[
and
] the district judges in Bee County
, and the judge
of the 2nd Multicounty Court at Law
.
SECTION 10.02. Section 152.0521(a), Human Resources Code,
is amended to read as follows:
(a) The Comal County Juvenile Board is composed of:
(1) the county judge;
(2) the
local administrative statutory county court
judge [
of each county court at law in the county
];
(3)
an elected judicial officer of Comal County
appointed by the local administrative statutory county court judge;
(4)
the
local administrative district
judge [
of the
22nd District Court
];
(5)
two elected judicial officers of Comal County
appointed by the local administrative district judge
[
(4)
the
judge of the 207th District Court
];
and
[
(5)
the judge of the 433rd District Court;
]
(6) [
the judge of the 274th District Court; and
[
(7)
] the criminal district attorney of Comal County.
SECTION 10.03. Section 152.1551(a), Human Resources Code,
is amended to read as follows:
(a) The juvenile board of Live Oak County is composed of the
county judge
,
[
and
] the district judges in Live Oak County
, and the
judge of the 2nd Multicounty Court at Law
.
SECTION 10.04. Section 152.1621(a), Human Resources Code,
is amended to read as follows:
(a) The juvenile board of McMullen County is composed of the
county judge
,
[
and
] the district judges in McMullen County
, and the
judge of the 2nd Multicounty Court at Law
.
ARTICLE 11. CIVIL CRIMINAL COURT PROCEDURES AND SECURITY
SECTION 11.01. Section 16.073, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 16.073. APPLICABILITY OF LIMITATIONS PERIODS TO
ARBITRATION.
A claim that is sought to be arbitrated is subject to
the same limitations period that would apply to the claim if the
claim had been brought in court. Commencing an action asserting a
claim by filing suit in a court of competent jurisdiction will toll
the applicable limitations period for arbitration of the same
claim.
[
(a)
A party may not assert a claim in an arbitration
proceeding if the party could not bring suit for the claim in court
due to the expiration of the applicable limitations period.
[
(b)
A party may assert a claim in an arbitration proceeding
after expiration of the applicable limitations period if:
[
(1)
the party brought suit for the claim in court
before the expiration of the applicable limitations period; and
[
(2)
the parties to the claim agreed to arbitrate the
claim or a court ordered the parties to arbitrate the claim.
]
SECTION 11.02. Sections 30.015(a) and (b), Civil Practice
and Remedies Code, are amended to read as follows:
(a) In a civil action filed in a district court, county
court, statutory county court, or statutory probate court, each
party or the party's attorney must provide the clerk of the court
with written notice of the party's name
, the party's
[
and
] current
residence or business address
, and for a party who is an individual:
(1)
the last three digits of the party's social
security number; or
(2)
the last three digits of the party's Texas driver's
license
.
(b)
Unless the party is the defendant in a tax suit, the
[
The
] notice required by Subsection (a) may not be required from any
party or party's attorney if
the
[
such
] party has not appeared or
answered in the civil action.
SECTION 11.03. Articles 45A.302(b), (c), and (d), Code of
Criminal Procedure, are amended to read as follows:
(b) In issuing the order of deferral, the judge may impose a
special expense fee
[
fine
] on the defendant in an amount not to
exceed the amount of the fine that could be imposed on the defendant
as punishment for the offense.
(c) The
fee
[
fine
] described by Subsection (b) may be
collected at any time before the date on which the period of
deferral ends. A judge who orders the collection of the
fee
[
fine
]
must require that the amount of the
fee
[
fine
] be credited toward
the payment of the amount of any fine imposed by the judge as
punishment for the offense.
(d) The judge may elect not to impose the
special expense
fee
[
fine
] for good cause shown by the defendant.
SECTION 11.04. Article 102.017, Code of Criminal Procedure,
is amended by adding Subsection (e-1) to read as follows:
(e-1)
In administering or directing funds under Subsection
(e), a commissioners court shall consider the recommendations
provided by a court security committee under Section 74.0922,
Government Code, and the governing body of a municipality shall
consider the recommendations provided by a court security committee
under Sections 29.014(d) and 30.00007(c), Government Code.
ARTICLE 12. MUNICIPAL COURT PROVISIONS
SECTION 12.01. Section 29.014, Government Code, is amended
by amending Subsections (c) and (d) and adding Subsection (e) to
read as follows:
(c) The committee shall establish the policies and
procedures necessary to provide adequate security to the municipal
courts served by the presiding or municipal judge, as applicable
,
including by developing a court emergency management plan
.
(d) A committee
shall
[
may
] recommend to the municipality
the uses of resources and expenditures of money for courthouse
security, but may not direct the assignment of those resources or
the expenditure of those funds.
(e)
Notwithstanding Section 551.001 or 552.003, a court
security committee established under this section is not a
governmental body for the purposes of Chapter 551 or 552.
SECTION 12.02. Section 30.00007, Government Code, is
amended by amending Subsections (b) and (c) and adding Subsection
(d) to read as follows:
(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;
(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; and
(6) establish a court security committee to adopt
security policies and procedures for the courts served by the
presiding judge
, including by developing a court emergency
management plan,
that is composed of:
(A) the presiding judge, or the presiding judge's
designee, who serves as presiding officer of the committee;
(B) a representative of the law enforcement
agency or other entity that provides the primary security for the
court;
(C) a representative of the municipality; and
(D) any other person the committee determines
necessary to assist the committee.
(c) A court security committee
shall
[
may
] recommend to the
governing body the uses of resources and expenditures of money for
courthouse security, but may not direct the assignment of those
resources or the expenditure of those funds.
(d)
Notwithstanding Section 551.001 or 552.003, a court
security committee established under this section is not a
governmental body for the purposes of Chapter 551 or 552.
SECTION 12.03. Section 30.01014(d), Government Code, is
amended to read as follows:
(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.
SECTION 12.04. Chapter 30, Government Code, is amended by
adding Subchapter AAA to read as follows:
SUBCHAPTER AAA. CANYON
Sec.
30.01911.
APPLICABILITY. This subchapter applies to
the city of Canyon.
Sec.
30.01912.
JUDGE. A municipal judge for the city of
Canyon is not required to be a resident of the city.
SECTION 12.05. As soon as practicable after September 1,
2025, a court security committee shall develop a court emergency
management plan as required by Section 29.014 or 30.00007,
Government Code, as amended by this article.
ARTICLE 13. MISCELLANEOUS COURT AND RECORD PROVISIONS
SECTION 13.01. Articles 43.09(a) and (k), Code of Criminal
Procedure, are amended to read as follows:
(a) When a defendant is convicted of a misdemeanor and the
defendant's punishment is assessed at a pecuniary fine or is
confined in a jail after conviction of a felony for which a fine is
imposed, if the defendant is unable to pay the fine and costs
adjudged against the defendant, the defendant may for such time as
will satisfy the judgment be put to work in the county jail
industries program, in the workhouse, or on the county farm, or
public improvements and maintenance projects of the county or a
political subdivision located in whole or in part in the county, as
provided in Article 43.10; or if there is no such county jail
industries program, workhouse, farm, or improvements and
maintenance projects, the defendant shall be confined in jail for a
sufficient length of time to discharge the full amount of fine and
costs adjudged against the defendant; rating such confinement at
$150
[
$100
] for each day and rating such labor at
$150
[
$100
] for
each day; provided, however, that the defendant may pay the
pecuniary fine assessed against the defendant at any time while the
defendant is serving at work in the county jail industries program,
in the workhouse, or on the county farm, or on the public
improvements and maintenance projects of the county or a political
subdivision located in whole or in part in the county, or while the
defendant is serving the defendant's jail sentence, and in such
instances the defendant is entitled to the credit earned under this
subsection during the time that the defendant has served and the
defendant shall only be required to pay the balance of the pecuniary
fine assessed against the defendant. A defendant who performs
labor under this article during a day in which the defendant is
confined is entitled to both the credit for confinement and the
credit for labor provided by this article.
(k) A defendant is considered to have discharged
$150
[
$100
]
of fines or costs for each eight hours of community service
performed under Subsection (f) of this article.
SECTION 13.02. Article 45A.251(e), Code of Criminal
Procedure, is amended to read as follows:
(e) In addition to credit under Subsection (d), in imposing
a fine and costs in a case involving a misdemeanor punishable by
fine only, the justice or judge shall credit the defendant for any
period the defendant was confined in jail or prison while
awaiting
trial or
serving a sentence for another offense if that confinement
occurred after the commission of the misdemeanor. The credit under
this subsection shall be applied to the amount of the fine and costs
at the rate of not less than $150 for each day of confinement.
SECTION 13.03. Article 45A.254(e), Code of Criminal
Procedure, is amended to read as follows:
(e) A defendant is considered to have discharged not less
than
$150
[
$100
] of fines or costs for each eight hours of community
service performed under this article.
SECTION 13.04. Article 45A.459(i), Code of Criminal
Procedure, is amended to read as follows:
(i) A defendant is considered to have discharged not less
than
$150
[
$100
] of fines or costs for each eight hours of community
service performed under this article.
SECTION 13.05. Article 45A.460(i), Code of Criminal
Procedure, is amended to read as follows:
(i) A defendant is considered to have discharged not less
than
$150
[
$100
] of fines or costs for each eight hours of community
service performed under this article.
SECTION 13.06. The heading to Section 13.0021, Election
Code, is amended to read as follows:
Sec. 13.0021. ADDITIONAL REGISTRATION INFORMATION FROM
CERTAIN FEDERAL AND STATE JUDGES, FEDERAL OFFICIALS,
CLERKS,
GOVERNMENTAL EMPLOYEES, INCLUDING MUNICIPAL COURT PERSONNEL,
AND
FAMILY MEMBERS.
SECTION 13.07. Section 13.0021(b), Election Code, is
amended to read as follows:
(b)
The registrar of the county shall omit from the
registration list the residence address for a
[
If the
] registration
applicant
who
is
:
(1)
a federal judge, including a federal bankruptcy
judge
;
(2)
[
,
] a state judge
;
(3)
[
,
] a marshal of the United States Marshals
Service
;
(4)
[
,
] a United States attorney
;
(5)
a current or former county clerk, district clerk,
or county and district clerk, or a current or former employee of the
office of a county clerk, district clerk, or county and district
clerk or municipal court personnel;
(6)
a current or former employee whose duties relate
to court administration, including a court clerk, court
coordinator, court administrator, juvenile case manager, law
clerk, or staff attorney;
(7)
a current or former employee of the Office of Court
Administration of the Texas Judicial System and entities
administratively attached to the office;
[
, or
]
(8)
a current or former employee or commissioner of
the State Commission on Judicial Conduct; or
(9)
a family member of a
person listed in Subdivisions
(1)-(8)
[
state judge, a federal judge, including a federal
bankruptcy judge, a marshal of the United States Marshals Service,
or a United States attorney, the registrar of the county shall omit
the applicant's residence address from the registration list
].
SECTION 13.08. Subchapter A, Chapter 58, Family Code, is
amended by adding Section 58.010 to read as follows:
Sec.
58.010.
CONFIDENTIALITY OF WARRANTS OF ARREST.
Notwithstanding Article 15.26, Code of Criminal Procedure, an
arrest warrant issued for a child and a complaint or affidavit on
which an arrest warrant issued for a child is based are confidential
and may be disclosed only to the following:
(1)
the judge, probation officer, and professional
staff or consultants of the juvenile court;
(2)
a juvenile justice agency, as defined by Section
58.101;
(3)
a criminal justice agency, as defined by Section
411.082;
(4)
an attorney representing the child's parent in a
proceeding under this title;
(5) an attorney representing the child;
(6) a prosecuting attorney; or
(7)
with permission from the juvenile court, another
individual, agency, or institution with a legitimate interest in
the information or court.
SECTION 13.09. Section 301.052(a), Family Code, is amended
to read as follows:
(a) A party may request disclosure under Section 301.051 of
any or all of the following:
(1) the correct names of the parties to the action;
(2) the name, address, and telephone number of any
potential parties;
(3) the legal theories and, in general, the factual
bases of the responding party's claims or defenses;
(4) the amount and any method of calculating economic
damages;
(5) the name, address, and telephone number of any
person having knowledge of relevant facts and a brief statement of
each identified person's connection with the action;
(6) for any testifying expert:
(A) the expert's name, address, and telephone
number;
(B) the subject matter on which the expert will
testify;
(C) the general substance of the expert's mental
impressions and opinions and a brief summary of the basis for those
impressions and opinions, or if the expert is not retained by,
employed by, or otherwise subject to the control of the responding
party, documents reflecting that information; and
(D) if the expert is retained by, employed by, or
otherwise subject to the control of the responding party:
(i) all documents, tangible things,
reports, models, or data compilations that have been provided to,
reviewed by, or prepared by or for the expert in anticipation of the
expert's testimony; and
(ii) the expert's current resume and
biography;
(7) any discoverable settlement agreement described
by Rule 192.3(g), Texas Rules of Civil Procedure;
(8) any discoverable witness
statement
[
settlement
]
described by Rule 192.3(h), Texas Rules of Civil Procedure;
(9) in an action alleging physical or mental injury
and damages from the occurrence that is the subject of the action:
(A) all medical records and bills that are
reasonably related to the injuries or damages asserted; or
(B) an authorization permitting the disclosure
of the information described by Paragraph (A);
(10) in an action alleging physical or mental injury
and damages from the occurrence that is the subject of the action,
all medical records and bills obtained by the responding party
through an authorization provided by the requesting party; and
(11) the name, address, and telephone number of any
person who may be designated as a responsible third party.
SECTION 13.10. (a) Section 81.113(a), Government Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), the state bar
shall credit an attorney licensed in this state with meeting the
minimum continuing legal education requirements of the state bar
for a reporting year if during the reporting year the attorney is
:
(1)
employed full-time as an attorney by:
(A)
[
(1)
] the senate;
(B)
[
(2)
] the house of representatives;
(C)
[
(3)
] a committee, division, department, or
office of the senate or house;
(D)
[
(4)
] the Texas Legislative Council;
(E)
[
(5)
] the Legislative Budget Board;
(F)
[
(6)
] the Legislative Reference Library;
(G)
[
(7)
] the office of the state auditor; or
(H)
[
(8)
] the Sunset Advisory Commission
; or
(2)
serving as a state official appointed by the
governor and confirmed by the senate
.
(b) Section 81.113, Government Code, as amended by this
article, applies only to the minimum requirements for a continuing
legal education compliance year that ends on or after September 1,
2025. The minimum requirements for continuing legal education for
a compliance year that ends before September 1, 2025, are covered by
the law and rules in effect when the compliance year ended, and that
law and those rules are continued in effect for that purpose.
SECTION 13.11. Section 552.117, Government Code, is amended
by amending Subsections (a) and (b) and adding Subsection (b-1) to
read as follows:
(a) Information is excepted from the requirements of
Section 552.021 if it is information that relates to the home
address, home telephone number, emergency contact information, or
social security number of the following person or that reveals
whether the person has family members:
(1) a current or former official or employee of a
governmental body, except as otherwise provided by Section 552.024;
(2) a current or honorably retired peace officer as
defined by Article 2A.001, Code of Criminal Procedure, or a current
or honorably retired security officer commissioned under Section
51.212, Education Code, regardless of whether the officer complies
with Section 552.024 or 552.1175, as applicable;
(3) a current or former employee of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department, regardless of
whether the current or former employee complies with Section
552.1175;
(4) a peace officer as defined by Article 2A.001, Code
of Criminal Procedure, or other law, a reserve law enforcement
officer, a commissioned deputy game warden, or a corrections
officer in a municipal, county, or state penal institution in this
state who was killed in the line of duty, regardless of whether the
deceased complied with Section 552.024 or 552.1175;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code, regardless of whether the
officer complies with Section 552.024 or 552.1175, as applicable;
(6) an officer or employee of a community supervision
and corrections department established under Chapter 76 who
performs a duty described by Section 76.004(b), regardless of
whether the officer or employee complies with Section 552.024 or
552.1175;
(7) a current or former employee of the office of the
attorney general who is or was assigned to a division of that office
the duties of which involve law enforcement or are performed under
Chapter 231, Family Code, regardless of whether the current or
former employee complies with Section 552.024 or 552.1175;
(8) a current or former employee of the Texas Juvenile
Justice Department or of the predecessors in function of the
department, regardless of whether the current or former employee
complies with Section 552.024 or 552.1175;
(9) a current or former juvenile probation or
supervision officer certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code, regardless of whether the
current or former officer complies with Section 552.024 or
552.1175;
(10) a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code, regardless of whether the current or former
employee complies with Section 552.024 or 552.1175;
(11) a current or former member of the United States
Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
service of one of those branches of the armed forces, or the Texas
military forces, as that term is defined by Section 437.001;
(12) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters, regardless of whether the current or former attorney
complies with Section 552.024 or 552.1175;
(13) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters, regardless of whether the current or
former employee complies with Section 552.024 or 552.1175;
(14) a current or former employee of the Texas Civil
Commitment Office or of the predecessor in function of the office or
a division of the office, regardless of whether the current or
former employee complies with Section 552.024 or 552.1175;
(15) a current or former federal judge or state judge,
as those terms are defined by Section 1.005, Election Code, a
federal bankruptcy judge, a marshal of the United States Marshals
Service, a United States attorney, or a family member of a current
or former federal judge, including a federal bankruptcy judge, a
marshal of the United States Marshals Service, a United States
attorney, or a state judge;
(16) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services, regardless of
whether the caseworker or investigator complies with Section
552.024 or 552.1175, or a current or former employee of a department
contractor performing child protective services caseworker, adult
protective services caseworker, or investigator functions for the
contractor on behalf of the department;
(17) an elected public officer, regardless of whether
the officer complies with Section 552.024 or 552.1175;
(18) a current or former United States attorney,
assistant United States attorney, federal public defender, deputy
federal public defender, or assistant federal public defender and
the spouse or child of the current or former attorney or public
defender, regardless of whether the person complies with Section
552.024 or 552.1175; [
or
]
(19) a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code, regardless of whether the firefighter or
volunteer firefighter or emergency medical services personnel
comply with Section 552.024 or 552.1175, as applicable
;
(20)
a current or former county clerk, district clerk,
or county and district clerk, or a current or former employee of the
office of a county clerk, district clerk, or county and district
clerk, regardless of whether the current or former clerk or
employee complies with Section 552.024 or 552.1175;
(21)
a current or former employee whose duties relate
to court administration, including a court clerk, court
coordinator, court administrator, juvenile case manager, law
clerk, or staff attorney, regardless of whether the employee
complies with Section 552.024 or 552.1175;
(22)
a current or former employee of the Office of
Court Administration of the Texas Judicial System and entities
administratively attached to the office, regardless of whether the
employee complies with Section 552.024 or 552.1175; or
(23)
a current or former employee or commissioner of
the State Commission on Judicial Conduct, regardless of whether the
employee or commissioner complies with Section 552.024 or 552.1175
.
(b)
Except as provided by Subsection (b-1), all
[
All
]
documents filed with a county clerk and all documents filed with a
district clerk are exempt from this section.
(b-1)
A county clerk or district clerk on request of a
person to whom this section applies shall redact information
described by Subsection (a) that relates to the person posted on an
Internet website by:
(1) the clerk; or
(2)
an entity with which the county contracts for the
provision or maintenance of the Internet website.
SECTION 13.12. Section 552.1175, Government Code, is
amended by amending Subsections (a) and (e) and adding Subsection
(e-1) to read as follows:
(a) This section applies only to:
(1) current or honorably retired peace officers as
defined by Article 2A.001, Code of Criminal Procedure, or special
investigators as described by Article 2A.002, Code of Criminal
Procedure;
(2) current or honorably retired county jailers as
defined by Section 1701.001, Occupations Code;
(3) current or former employees of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department;
(4) commissioned security officers as defined by
Section 1702.002, Occupations Code;
(5) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(5-a) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters;
(6) officers and employees of a community supervision
and corrections department established under Chapter 76 who perform
a duty described by Section 76.004(b);
(7) criminal investigators of the United States as
described by Article 2A.002(a), Code of Criminal Procedure;
(8) current or honorably retired police officers and
inspectors of the United States Federal Protective Service;
(9) current and former employees of the office of the
attorney general who are or were assigned to a division of that
office the duties of which involve law enforcement or are performed
under Chapter 231, Family Code;
(10) current or former juvenile probation and
detention officers certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code;
(11) current or former employees of a juvenile justice
program or facility, as those terms are defined by Section 261.405,
Family Code;
(12) current or former employees of the Texas Juvenile
Justice Department or the predecessors in function of the
department;
(13) federal judges and state judges as defined by
Section 1.005, Election Code;
(14) current or former employees of the Texas Civil
Commitment Office or of the predecessor in function of the office or
a division of the office;
(15) a current or former member of the United States
Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
service of one of those branches of the armed forces, or the Texas
military forces, as that term is defined by Section 437.001;
(16) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services or a current or
former employee of a department contractor performing child
protective services caseworker, adult protective services
caseworker, or investigator functions for the contractor on behalf
of the department;
(17) an elected public officer;
(18) a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code; [
and
]
(19) a current or former United States attorney,
assistant United States attorney, federal public defender, deputy
federal public defender, or assistant federal public defender
;
(20)
a current or former county clerk, district clerk,
or county and district clerk, or a current or former employee of the
office of a county clerk, district clerk, or county and district
clerk;
(21)
a current or former employee whose duties relate
to court administration, including a court clerk, court
coordinator, court administrator, juvenile case manager, law
clerk, or staff attorney;
(22)
a current or former employee of the Office of
Court Administration of the Texas Judicial System and entities
administratively attached to the office; and
(23)
a current or former employee or commissioner of
the State Commission on Judicial Conduct
.
(e)
Except as provided by Subsection (e-1), all
[
All
]
documents filed with a county clerk and all documents filed with a
district clerk are exempt from this section.
(e-1)
A county clerk or district clerk on request of a
person to whom this section applies shall redact information
described by Subsection (b) that relates to the person from any
document the clerk posts on an Internet website.
SECTION 13.13. Section 42.07(b), Penal Code, is amended by
amending Subdivision (1) and adding Subdivision (1-a) to read as
follows:
(1)
"Court employee" means an employee whose duties
relate to court administration, including a court clerk, court
coordinator, court administrator, juvenile case manager, law
clerk, or staff attorney.
The term does not include a judge.
(1-a)
"Electronic communication" means a transfer of
signs, signals, writing, images, sounds, data, or intelligence of
any nature transmitted in whole or in part by a wire, radio,
electromagnetic, photoelectronic, or photo-optical system. The
term includes:
(A) a communication initiated through the use of
electronic mail, instant message, network call, a cellular or other
type of telephone, a computer, a camera, text message, a social
media platform or application, an Internet website, any other
Internet-based communication tool, or facsimile machine; and
(B) a communication made to a pager.
SECTION 13.14. Section 42.07(c), Penal Code, is amended to
read as follows:
(c) An offense under this section is a Class B misdemeanor,
except that the offense is
:
(1)
a Class A misdemeanor if:
(A)
[
(1)
] the actor has previously been
convicted under this section; [
or
]
(B)
[
(2)
] the offense was committed under
Subsection (a)(7) or (8) and:
(i)
[
(A)
] the offense was committed against
a child under 18 years of age with the intent that the child:
(a)
[
(i)
] commit suicide; or
(b)
[
(ii)
] engage in conduct causing
serious bodily injury to the child; or
(ii)
[
(B)
] the actor has previously
violated a temporary restraining order or injunction issued under
Chapter 129A, Civil Practice and Remedies Code
; or
(C)
the offense was committed against a person
the actor knows is a court employee;
(2)
a state jail felony if the offense was committed
against a person the actor knows is:
(A)
a court employee and the actor has previously
been convicted under this section; or
(B) a judge; and
(3)
a felony of the third degree if the offense was
committed against a person the actor knows is a judge and the actor
has previously been convicted under this section
.
SECTION 13.15. Section 21.049, Property Code, is amended to
read as follows:
Sec. 21.049. NOTICE OF DECISION OF SPECIAL COMMISSIONERS.
The judge of a court hearing a proceeding under this chapter shall
inform the clerk of the court as to a decision by the special
commissioners on the day the decision is filed or on the next
working day after the day the decision is filed. Not later than the
next working day after the day the decision is filed, the clerk
shall send notice of the decision by
a delivery method described
under Rule 21a, Texas Rules of Civil Procedure
[
certified or
registered United States mail, return receipt requested
], to the
parties in the proceeding, or to their attorneys of record, at their
addresses of record.
SECTION 13.16. Section 25.025(a), Tax Code, as amended by
Chapters 76 (S.B. 617), 152 (S.B. 870), 430 (H.B. 1911), 765 (H.B.
4504), and 937 (S.B. 1525), Acts of the 88th Legislature, Regular
Session, 2023, is reenacted and further amended to read as follows:
(a) This section applies only to:
(1) a current or former peace officer as defined by
Article 2A.001, Code of Criminal Procedure, and the spouse or
surviving spouse of the peace officer;
(2) the adult child of a current peace officer as
defined by Article 2A.001, Code of Criminal Procedure;
(3) a current or honorably retired county jailer as
defined by Section 1701.001, Occupations Code;
(4) an employee of the Texas Department of Criminal
Justice;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code;
(6) an individual who shows that the individual, the
individual's child, or another person in the individual's household
is a victim of family violence as defined by Section 71.004, Family
Code, by providing:
(A) a copy of a protective order issued under
Chapter 85, Family Code, or a magistrate's order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
or
(B) other independent documentary evidence
necessary to show that the individual, the individual's child, or
another person in the individual's household is a victim of family
violence;
(7) an individual who shows that the individual, the
individual's child, or another person in the individual's household
is a victim of sexual assault or abuse, stalking, or trafficking of
persons by providing:
(A) a copy of a protective order issued under
Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
magistrate's order for emergency protection issued under Article
17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence
necessary to show that the individual, the individual's child, or
another person in the individual's household is a victim of sexual
assault or abuse, stalking, or trafficking of persons;
(8) a participant in the address confidentiality
program administered by the attorney general under Subchapter B,
Chapter 58, Code of Criminal Procedure, who provides proof of
certification under Article 58.059, Code of Criminal Procedure;
(9) a federal judge, a federal bankruptcy judge, a
marshal of the United States Marshals Service, a state judge, or a
family member of a federal judge, a federal bankruptcy judge, a
marshal of the United States Marshals Service, or a state judge;
(10) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(11) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters;
(12) an officer or employee of a community supervision
and corrections department established under Chapter 76,
Government Code, who performs a duty described by Section 76.004(b)
of that code;
(13) a criminal investigator of the United States as
described by Article 2A.002(a), Code of Criminal Procedure;
(14) a current or honorably retired police officer or
inspector of the United States Federal Protective Service;
(15) a current or former United States attorney,
assistant United States attorney, federal public defender, deputy
federal public defender, or assistant federal public defender and
the spouse and child of the attorney or public defender;
(16) a current or former employee of the office of the
attorney general who is or was assigned to a division of that office
the duties of which involve law enforcement or are performed under
Chapter 231, Family Code;
(17) a medical examiner or person who performs
forensic analysis or testing who is employed by this state or one or
more political subdivisions of this state;
(18) a current or former member of the United States
armed forces who has served in an area that the president of the
United States by executive order designates for purposes of 26
U.S.C. Section 112 as an area in which armed forces of the United
States are or have engaged in combat;
(19) a current or former employee of the Texas
Juvenile Justice Department or of the predecessors in function of
the department;
(20) a current or former juvenile probation or
supervision officer certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code;
(21) a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code;
(22) a current or former employee of the Texas Civil
Commitment Office or the predecessor in function of the office or a
division of the office;
(23) a current or former employee of a federal judge or
state judge;
(24) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services or a current or
former employee of a department contractor performing child
protective services caseworker, adult protective services
caseworker, or investigator functions for the contractor on behalf
of the department;
(25) an elected public officer;
(26) a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code;
(27) a customs and border protection officer or border
patrol agent of United States Customs and Border Protection or the
spouse, surviving spouse, or adult child of a customs and border
protection officer or border patrol agent
;
(28)
[
(27)
a current or former attorney for the
Department of Family and Protective Services
[
(27)
] a current or former employee or contract staff
member of a university health care provider at a corrections
facility operated by the Texas Department of Criminal Justice or
the Texas Juvenile Justice Department;
(29)
[
and
[
(28)
] a current or former attorney for the Department
of Family and Protective Services
;
(30)
a current or former county clerk, district clerk,
or county and district clerk, or a current or former employee of the
office of a county clerk, district clerk, or county and district
clerk;
(31)
a current or former employee whose duties relate
to court administration, including a court clerk, court
coordinator, court administrator, juvenile case manager, law
clerk, or staff attorney;
(32)
a current or former employee of the Office of
Court Administration of the Texas Judicial System and entities
administratively attached to the office; and
(33)
a current or former employee or commissioner of
the State Commission on Judicial Conduct
.
SECTION 13.17. Section 34.03(a), Tax Code, is amended to
read as follows:
(a) The clerk of the court shall:
(1) if the amount of excess proceeds is more than $25,
before the 31st day after the date the excess proceeds are received
by the clerk, send by
a delivery method described by Rule 21a, Texas
Rules of Civil Procedure
[
certified mail, return receipt
requested
], a written notice to the former owner of the property, at
the former owner's last known address according to the records of
the court or any other source reasonably available to the court,
that:
(A) states the amount of the excess proceeds;
(B) informs the former owner of that owner's
rights to claim the excess proceeds under Section 34.04; and
(C) includes a copy or the complete text of this
section and Section 34.04;
(2) regardless of the amount, keep the excess proceeds
paid into court as provided by Section 34.02(d) for a period of two
years after the date of the sale unless otherwise ordered by the
court; and
(3) regardless of the amount, send to the attorney
general notice of the deposit and amount of excess proceeds if the
attorney general or a state agency represented by the attorney
general is named as an in rem defendant in the underlying suit for
seizure of the property or foreclosure of a tax lien on the
property.
SECTION 13.18. Section 521.121, Transportation Code, is
amended by amending Subsections (a) and (c) and adding Subsection
(c-1) to read as follows:
(a) The driver's license must include:
(1) a distinguishing number assigned by the department
to the license holder;
(2) a photograph of the entire face of the holder;
(3) the full name and date of birth of the holder;
(4) a brief description of the holder; and
(5) the license holder's residence address or, for a
license holder using the procedure under Subsection (c)
:
(A)
[
,
] the street address of the courthouse in
which the license holder or license holder's spouse or parent
:
(i)
serves as a federal judge, including a
federal bankruptcy judge, a marshal of the United States Marshals
Service, a United States attorney, or a state judge
; or
(ii)
performs duties related to court
administration, including a court clerk, court coordinator, court
administrator, juvenile case manager, law clerk, or staff attorney;
or
(B)
the office address of the office in which the
license holder or the license holder's spouse or parent performs
duties as an employee of the office of a county clerk, district
clerk, or county and district clerk, or of the Office of Court
Administration of the Texas Judicial System and entities
administratively attached to the office, or as an employee or
commissioner of the State Commission on Judicial Conduct
.
(c) The department shall establish a procedure, on a license
holder's qualification for or appointment to office as a federal or
state judge as defined by Section 1.005, Election Code,
or as a
county clerk, district clerk, or county and district clerk,
or as a
federal bankruptcy judge, a marshal of the United States Marshals
Service, [
or
] a United States attorney,
or for a license holder
whose duties relate to court administration, including a court
clerk, court coordinator, court administrator, juvenile case
manager, law clerk, or staff attorney, or as an employee of the
office of a county clerk, district clerk, or county and district
clerk, or of the Office of Court Administration of the Texas
Judicial System and entities administratively attached to the
office, or as an employee or commissioner of the State Commission on
Judicial Conduct,
to omit the residence address of the judge
,
[
or
]
official
, employee, or commissioner
and any family member of the
judge
,
[
or
] official
, employee, or commissioner
on the license
holder's license and to
print
[
include
], in lieu of that address,
the street address of the courthouse or office building in which the
license holder or license holder's spouse or parent serves as a
federal or state judge
,
[
or
] official
, employee, or commissioner
.
(c-1)
The residence address of a license holder whose
residence address is omitted using the procedure under Subsection
(c) is confidential and is available only for the official use of
the department or a law enforcement agency.
SECTION 13.19. Section 521.243(a), Transportation Code, is
amended to read as follows:
(a) Unless the petition is dismissed under Section
521.2421(f), the clerk of the court shall send
electronically or by
a delivery method described by Rule 21a, Texas Rules of Civil
Procedure,
[
by certified mail
] to the attorney representing the
state a copy of the petition and notice of the hearing if the
petitioner's license was suspended, revoked, or canceled following
a conviction for:
(1) an offense under Section 19.05 or Sections
49.04-49.08, Penal Code; or
(2) an offense to which Section 521.342 applies.
SECTION 13.20. Article 43.09(a), Code of Criminal
Procedure, as amended by this article, applies to a defendant who is
confined or performs labor to discharge fines or costs on or after
September 1, 2025, regardless of whether the offense for which the
fines or costs were imposed occurred before, on, or after September
1, 2025.
SECTION 13.21. The changes in law made by this article to
Articles 43.09(k), 45A.254(e), 45A.459(i), and 45A.460(i), Code of
Criminal Procedure, apply to a defendant who performs community
service to discharge fines or costs on or after September 1, 2025,
regardless of whether the offense for which the fines or costs were
imposed occurred before, on, or after September 1, 2025.
SECTION 13.22. Article 45A.251(e), Code of Criminal
Procedure, as amended by this article, applies to a defendant who is
sentenced for an offense on or after September 1, 2025, regardless
of whether the offense was committed before, on, or after that date.
SECTION 13.23. Section 301.052(a), Family Code, as amended
by this article, applies to an action that is pending in a trial
court on September 1, 2025, or that is filed on or after that date.
SECTION 13.24. Section 42.07, Penal Code, as amended by
this article, applies only to an offense committed on or after
September 1, 2025. An offense committed before that date is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before September
1, 2025, if any element of the offense occurred before that date.
SECTION 13.25. Not later than November 1, 2026, the
Department of Public Safety shall:
(1) review the department's processes for
implementation of and compliance with Section 521.121,
Transportation Code, as amended by this Act; and
(2) submit to the governor, the lieutenant governor,
the speaker of the house of representatives, each member of the
legislature, and the Texas Judicial Council a written report
containing the results of the review, a description of the methods
used to prepare the review, and any recommendations for legislative
or other action.
ARTICLE 14. MANDATORY EXPUNCTION FOR CERTAIN PERSONS; RETENTION OF
CERTAIN RECORDS
SECTION 14.01. Article 55A.203, Code of Criminal Procedure,
is amended by amending Subsections (a) and (b) and adding
Subsections (b-1) and (d) to read as follows:
(a) A trial court that is a district court or a district
court in the county in which the trial court is located
shall
[
may,
with the consent of the attorney representing the state,
] enter an
expunction order for a person entitled to expunction under Article
55A.053(a)(2)(A) not later than the 30th day after the date the
court, as applicable:
(1) dismisses the case following the person's
successful completion of a veterans treatment court program created
under Chapter 124, Government Code, or former law; or
(2) receives the information regarding the dismissal.
(b) A trial court that is a district court or a district
court in the county in which the trial court is located
shall
[
may,
with the consent of the attorney representing the state,
] enter an
expunction order for a person entitled to expunction under Article
55A.053(a)(2)(B) not later than the 30th day after the date the
court, as applicable:
(1) dismisses the case following the person's
successful completion of a mental health court program created
under Chapter 125, Government Code, or former law; or
(2) receives the information regarding the dismissal.
(b-1)
A trial court that is a district court or a district
court in the county in which the trial court is located shall enter
an expunction order for a person entitled to expunction under
Article 55A.053(a)(2)(C) not later than the 30th day after the date
the court, as applicable:
(1)
dismisses the case following the person's
successful completion of a pretrial intervention program
authorized under Section 76.011, Government Code, other than a
program described by Subsection (a)(1) or (b)(1) of this section;
or
(2) receives the information regarding the dismissal.
(d)
The person for whom a court is required to enter an
expunction order under Subsection (a), (b), or (b-1), as
applicable, shall provide to the attorney representing the state
all of the information required in a petition for expunction under
Article 55A.253 and any affidavit required under Article 55A.053(b)
or (c). The attorney representing the state shall prepare an
expunction order under this article for the court's signature.
SECTION 14.02. Subchapter E, Chapter 55A, Code of Criminal
Procedure, is amended by adding Article 55A.2035 to read as
follows:
Art.
55A.2035.
ATTORNEY REPRESENTING STATE CERTIFIES
RECORDS AND FILES NOT NEEDED. (a) A trial court that is a district
court or a district court in the county in which the trial court is
located shall enter an expunction order for a person entitled to
expunction under Article 55A.052(a)(4) not later than the 30th day
after the date the court receives the certification described by
that subdivision.
(b)
The attorney representing the state who certified under
Article 55A.052(a)(4) that the applicable arrest records and files
are not needed for use in any criminal investigation or prosecution
shall prepare an expunction order under this article for the
court's signature.
The person for whom a court is required to enter
an expunction order under Subsection (a) shall provide to the
attorney representing the state all of the information required in
a petition for expunction under Article 55A.253.
(c)
Notwithstanding any other law, a court that enters an
expunction order under this article may not charge any fee or assess
any cost for the expunction.
SECTION 14.03. Subchapter H, Chapter 55A, Code of Criminal
Procedure, is amended by adding Article 55A.358 to read as follows:
Art.
55A.358.
RETENTION OF RECORDS FOR DEVELOPMENT AND
OPERATION OF PRETRIAL INTERVENTION PROGRAMS. Notwithstanding
Articles 55A.353, 55A.354, 55A.355, and 55A.356, a community
supervision and corrections department established under Chapter
76, Government Code, or an office of an attorney representing the
state, in possession of records and files subject to an expunction
order based on an entitlement under Article 55A.053(a)(2)(A), (B),
or (C) may retain and use those records and files only for the
purpose of developing and operating pretrial intervention programs
in a judicial district served by the department or office.
ARTICLE 15. CONFLICT; EFFECTIVE DATE
SECTION 15.01. To the extent of any conflict, this Act
prevails over another Act of the 89th Legislature, Regular Session,
2025, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 15.02. Except as otherwise provided by a provision
of this Act, this Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 2878 passed the Senate on
May 12, 2025, by the following vote: Yeas 30, Nays 0;
May 28, 2025, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 29, 2025, House
granted request of the Senate; May 31, 2025, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2878 passed the House, with
amendments, on May 27, 2025, by the following vote: Yeas 132,
Nays 2, two present not voting; May 29, 2025, House granted request
of the Senate for appointment of Conference Committee;
June 1, 2025, House adopted Conference Committee Report by the
following vote: Yeas 136, Nays 2, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor