By: Duncan S.B. No. 1204
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the reorganization and administration of, and
procedures relating to, courts in this state, including procedures
for appeals.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1.  APPELLATE COURT PROVISIONS
       SECTION 1.01.  Subsection (b), Section 22.002, Government
Code, is amended to read as follows:
       (b)  The supreme court or, in vacation, a justice of the
supreme court may issue a writ of mandamus to compel a statutory
county court judge, a statutory probate court judge, or a district
judge to proceed to trial and judgment in a case [agreeable to the
principles and usages of law, returnable to the supreme court on or
before the first day of the term, or during the session of the term,
or before any justice of the supreme court as the nature of the case
requires].
       SECTION 1.02.  (a)  Section 24.007, Property Code, is
amended to read as follows:
       Sec. 24.007.  APPEAL.  (a)  [A final judgment of a county
court in an eviction suit may not be appealed on the issue of
possession unless the premises in question are being used for
residential purposes only.] A judgment of a county court in an
eviction suit may not under any circumstances be stayed pending
appeal unless, within 10 days of the signing of the judgment, the
appellant files a supersedeas bond in an amount set by the county
court. In setting the supersedeas bond the county court shall
provide protection for the appellee to the same extent as in any
other appeal, taking into consideration the value of rents likely
to accrue during appeal, damages which may occur as a result of the
stay during appeal, and other damages or amounts as the court may
deem appropriate.
       (b)  Notwithstanding any other law, an appeal may be taken
from a final judgment of a county court, statutory county court, or
district court in an eviction suit.
       (b)  The change in law made by this section applies to an
appeal of a final judgment rendered on or after the effective date
of this section.  An appeal of a final judgment rendered before the
effective date of this section is governed by the law in effect on
the date the judgment was rendered, and the former law is continued
in effect for that purpose.
       SECTION 1.03.  Section 22.007, Government Code, is repealed.
ARTICLE 2. GENERAL PROVISIONS FOR TRIAL COURTS
       SECTION 2.01.  The heading to Subchapter A, Chapter 23,
Government Code, is amended to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS [JURISDICTION]
       SECTION 2.02.  Subchapter A, Chapter 23, Government Code, is
amended by adding Section 23.002 to read as follows:
       Sec. 23.002.  TRANSFER OF CASES. Notwithstanding Section
74.121 or any other law, on the agreement of all parties in a
pending case, a district court, statutory county court, county
court, or justice court may transfer the case to any other of those
courts in the county, regardless of whether the court to which the
case will be transferred has jurisdiction of the matter and
provided that the court to which the case will be transferred agrees
to the transfer.
ARTICLE 3.  GENERAL PROVISIONS FOR DISTRICT COURTS
       SECTION 3.01.  Section 24.002, Government Code, is amended
to read as follows:
       Sec. 24.002.  ASSIGNMENT OF JUDGE OR TRANSFER OF CASE ON
RECUSAL [SUBSTITUTE JUDGES].  (a)  If the district judge in a
county with only one district court determines on the judge's own
motion that the judge should not sit in a case pending in the
judge's court because the judge is disqualified or otherwise should
recuse himself or herself, the judge shall enter a recusal order,
request the presiding judge of that administrative judicial region
to assign another judge to sit, and take no further action in the
case except for good cause stated in the order in which the action
is taken.  A change of venue is not necessary because of the
disqualification of a district judge in a case or proceeding
pending in the judge's court.
       (b)  If a district judge in a county with more than one
district court determines on the judge's own motion that the judge
should not sit in a case pending in the judge's court because the
judge is disqualified or otherwise should recuse himself or
herself, the judge shall enter a recusal order, request the local
administrative district judge to transfer the case to another
court, and take no further action in the case except for good cause
stated in the order in which the action is taken.  A change of venue
is not necessary because of the disqualification of a district
judge in a case or proceeding pending in the judge's [his] court[,
but the judge shall immediately certify his disqualification to the
governor. The governor shall designate a district judge of another
district to exchange benches with the disqualified judge to try the
case. The governor shall notify both judges of his designation, and
the judges shall exchange benches. If the judges are prevented from
exchanging benches, the parties or their counsels may agree on an
attorney of the court for the trial of the case. The district judge
or special judge shall certify to the governor the fact of a failure
of the parties or their counsels to agree on an attorney, and the
governor shall appoint a person legally qualified to act as judge in
the trial of the case].
       SECTION 3.02.  Section 24.003, Government Code, is amended
to read as follows:
       Sec. 24.003.  TRANSFER OF CASES; EXCHANGE OF BENCHES
[SUBSTITUTE JUDGES IN CERTAIN COUNTIES].  (a)  This section applies
only to [civil cases in] counties with two [five] or more district
courts.
       (b)  A district judge in the county may:
             (1)  transfer any civil or criminal case or proceeding
on the court's docket to the docket of another district court in the
county;
             (2)  hear and determine any case or proceeding pending
in another district court in the county without having the case
transferred;
             (3)  sit for another district court in the county and
hear and determine any case or proceeding pending in that court;
             (4)  temporarily exchange benches with the judge of
another district court in the county;
             (5)  try different cases in the same court at the same
time; and
             (6)  occupy the judge's own courtroom or the courtroom
of another district court in the county.
       (c)  If a district judge in the county is sick or otherwise
absent, another district judge in the county may hold court for the
judge.
       (d)  A district judge in the county may hear and determine
any part or question of any case or proceeding pending in any of the
district courts, and any other district judge may complete the
hearing and render judgment in the case or proceeding. A district
judge may hear and determine motions, including motions for new
trial, petitions for injunction, applications for the appointment
of a receiver, interventions, pleas in abatement, dilatory pleas,
and all preliminary matters, questions, and proceedings, and may
enter judgment or order on them in the court in which the case or
proceeding is pending without transferring the case or proceeding.
The district judge in whose court the matter is pending may proceed
to hear, complete, and determine the matter, or all or any part of
another matter, and render a final judgment. A district judge may
issue a restraining order or injunction that is returnable to any
other district court.
       (e)  A judgment or order shall be entered in the minutes of
the court in which the case is pending.
       (f)  This section does not limit the powers of a district
judge when acting for another judge by exchange of benches or
otherwise [If a district judge is disqualified in a case pending in
his court and his disqualification is certified to the governor,
the governor may require any other district judge in the county to
exchange benches with the disqualified judge.
       [(c)  If a district judge is absent, sick, or disqualified,
any of the district judges in the county may hold court for him or
may transfer a pending case to the court of any other district judge
in the county].
       SECTION 3.03.  Subsection (a), Section 24.012, Government
Code, is amended to read as follows:
       (a)  Notwithstanding any other law, each [Each] district and
criminal district court holds in each county in the judicial
district [at least two] terms that commence on the first Mondays in
January and July of [court] each year [in each county in the
district].  To the extent of a conflict between this subsection and
a specific provision relating to a particular judicial district,
this section controls.
       SECTION 3.04.  Subchapter A, Chapter 24, Government Code, is
amended by adding Sections 24.023 through 24.033 to read as
follows:
       Sec. 24.023.  OBLIGATIONS; BONDS. (a)  When a case is
transferred from one court to another, all processes, writs, bonds,
recognizances, and other obligations issued by the transferring
court are returnable to the court to which the case is transferred
as if originally issued by that court.
       (b)  The obligees in all bonds and recognizances taken in and
for a court from which a case is transferred, and all witnesses
summoned to appear in a district court from which a case is
transferred, are required to appear before the court to which the
case is transferred as if the bond, recognizance, or summons was
taken in or for that court.
       Sec. 24.024.  FILING AND DOCKETING CASES. In a county with
two or more district courts, the district judges may adopt rules
governing the filing and numbering of cases, the assignment of
cases for trial, and the distribution of the work of the courts as
in their discretion they consider necessary or desirable for the
orderly dispatch of the business of the courts.
       Sec. 24.025.  SUPPLEMENTAL COMPENSATION. (a)  Unless
otherwise provided by this subchapter, all district judges in a
county are entitled to equal amounts of supplemental compensation
from the county.
       (b)  A district judge is entitled to an amount of
supplemental compensation for serving on the juvenile board of a
county that is equal to the amount other judges serving on the
juvenile board receive.
       Sec. 24.026.  ASSIGNING PREFERENCES TO DISTRICT COURTS.
(a)  In a county with two or more district courts, the local board
of district judges may designate a court as giving preference to
certain kinds of cases.
       (b)  Courts designated as giving preference to family law
matters have primary responsibility for matters arising under
Titles 1, 2, 4, and 5, Family Code.
       (c)  The designation of a court as giving preference to
certain kinds of cases does not limit the jurisdiction of that court
or of any other district court in the county.
       Sec. 24.027.  APPOINTMENT OF INITIAL JUDGE. On the creation
of a new judicial district, the initial vacancy in the office of
district judge is filled in accordance with Section 28, Article V,
Texas Constitution.
       Sec. 24.028.  GRAND AND PETIT JURORS. All grand and petit
jurors selected in a county before a new district court is created
or the composition of an existing district court is modified by an
amendment to this chapter are considered to be selected for the new
or modified district court, as applicable.
       Sec. 24.029.  CASES TRANSFERRED. If by an amendment to this
chapter a county is removed from the composition of an existing
judicial district and added to another existing or new judicial
district, all cases and proceedings from that county that are
pending in the district court of the judicial district from which
the county was removed are transferred to the district court of the
judicial district to which the county is added. The judge of each
affected district court shall sign the proper orders in connection
with the transfer.
       Sec. 24.030.  PROCESSES, WRITS, AND OTHER OBLIGATIONS REMAIN
VALID. (a)  If by an amendment to this chapter a county is removed
from the composition of an existing judicial district and added to
another existing or new judicial district, or if an amendment to
this chapter changes the time or place at which the terms of court
are held, all processes, writs, bonds, recognizances, and other
obligations issued from and made returnable to that court before
the effective date of the transfer or other change are returnable as
provided by this subsection. An obligation issued from the
affected court is returnable to another district court in the
county on the date that court directs, but may not be made
returnable on a date that is earlier than the date on which the
obligation was originally returnable. The obligations are legal
and valid as if the obligations had been made returnable to the
issuing court.
       (b)  The obligees in all appearance bonds and recognizances
taken in and for a district court of a county before the effective
date of an amendment to this chapter, and all witnesses summoned to
appear before that district court under laws existing before the
effective date of an amendment to this chapter, are required to
appear at another district court in the county on the date that
court directs, but may not be required to appear on a date that is
earlier than the date on which the obligees or witnesses were
originally required to appear.
       Sec. 24.031.  LOCATION OF COURT.  (a)  A district court
shall sit in the county seat for a jury trial in a civil case. The
commissioners court of the county may authorize a district court to
sit in any municipality within the county to hear and determine
nonjury trials in civil cases and to hear and determine motions,
arguments, and other matters not heard before a jury in a civil case
that is within the court's jurisdiction.
       (b)  The district clerk or the clerk's deputy serves as clerk
of the court when a court sits in a municipality other than the
municipality that is the county seat and may transfer:
             (1)  all necessary books, minutes, records, and papers
to that municipality while the court is in session there; and
             (2)  the books, minutes, records, and papers back to
the clerk's office in the county seat at the end of each session.
       (c)  If the commissioners court authorizes a district court
to sit in a municipality other than the municipality that is the
county seat, the commissioners court shall provide suitable
facilities for the court in that municipality.
       Sec. 24.032.  SPECIAL DISTRICT COURTS. Each court listed in
Subchapter C that is directed to give preference to specific
matters or types of cases shall participate in all matters relating
to juries, grand juries, indictments, and docketing of cases in the
same manner as the other district courts that are similarly
directed within that county.
       Sec. 24.033.  COURT OFFICERS. The prosecuting attorney, the
sheriff, the district clerk, the bailiffs, and the other officers
serving a district court of the county listed in this chapter other
than in Subchapter C shall serve in their respective capacities for
the district courts listed in Subchapter C.
       SECTION 3.05.  Subsection (g), Section 25.0362, Government
Code, is amended to read as follows:
       (g)  In matters of concurrent jurisdiction, a judge of a
county court at law and a judge of a district court in Cass County
may transfer cases between the courts in the same manner that judges
of district courts may transfer cases under Section 24.003
[24.303].
       SECTION 3.06.  Subsection (w), Section 25.0732, Government
Code, is amended to read as follows:
       (w)  In matters of concurrent jurisdiction, a judge of a
statutory county court in El Paso County and a judge of a district
court or another statutory county court in El Paso County may
transfer cases between the courts in the same manner judges of
district courts transfer cases under Section 24.003 [24.303].
       SECTION 3.07.  Subsection (c), Section 25.1672, Government
Code, is amended to read as follows:
       (c)  In matters of concurrent jurisdiction, judges of the
county courts at law and district courts in the county may exchange
benches and courtrooms and may transfer cases between their dockets
in the same manner that district court judges exchange benches and
transfer cases under Section 24.003 [24.303].
       SECTION 3.08.  Subsection (v), Section 25.1862, Government
Code, is amended to read as follows:
       (v)  In matters of concurrent jurisdiction, a judge of a
county court at law and a judge of a district court or another
county court at law may transfer cases between the courts in the
same manner judges of district courts transfer cases under Section
24.003 [24.303].
       SECTION 3.09.  Subsection (k), Section 25.1932, Government
Code, is amended to read as follows:
       (k)  Notwithstanding Section 74.121(b)(1), in matters of
concurrent jurisdiction, the judge of a county court at law and the
judges of the district courts in the county may exchange benches and
courtrooms and may transfer cases between their dockets in the same
manner that judges of district courts exchange benches and transfer
cases under Section 24.003 [24.303].
       SECTION 3.10.  Section 62.201, Government Code, is amended
to read as follows:
       Sec. 62.201.  NUMBER OF JURORS. The jury in a district court
is composed of 12 persons, except that the parties may agree to try
a particular case with fewer than 12 jurors unless a jury of six or
12 is required by Section 13, Article V, Texas Constitution.
       SECTION 3.11.  Subdivision (2), Subsection (b), Section
74.121, Government Code, is amended to read as follows:
             (2)  Notwithstanding Subdivision (1), in matters of
concurrent jurisdiction, a judge of a statutory county court in
Midland County and a judge of a district court in Midland County may
exchange benches and courtrooms with each other and may transfer
cases between their dockets in the same manner that judges of
district courts exchange benches and transfer cases under Section
24.003 [24.303].
       SECTION 3.12.  Sections 24.013, 24.302, 24.303, 24.304,
24.305, 24.307, 24.308, 24.309, 24.310, 24.311, 24.312, 24.313, and
24.314, Government Code, are repealed.
ARTICLE 4.  JURISDICTION OF STATUTORY COUNTY COURTS
       SECTION 4.01.  Section 25.0002, Government Code, is amended
to read as follows:
       Sec. 25.0002.  DEFINITIONS [DEFINITION].  In this chapter:
             (1)  "Criminal law cases and proceedings" includes
cases and proceedings for allegations of conduct punishable in part
by confinement in the county jail not to exceed one year.
             (2)  "Family[, "family] law cases and proceedings"
includes cases and proceedings under Titles 1, 2, 4, and 5, Family
Code [involving adoptions, birth records, or removal of disability
of minority or coverture; change of names of persons; child
welfare, custody, support and reciprocal support, dependency,
neglect, or delinquency; paternity; termination of parental
rights; divorce and marriage annulment, including the adjustment of
property rights, custody and support of minor children involved
therein, temporary support pending final hearing, and every other
matter incident to divorce or annulment proceedings; independent
actions involving child support, custody of minors, and wife or
child desertion; and independent actions involving controversies
between parent and child, between parents, and between spouses].
             (3)  "Juvenile law cases and proceedings" includes all
cases and proceedings brought under Title 3, Family Code.
             (4)  "Mental health causes and proceedings" includes
all cases and proceedings brought under Subtitle C, Title 7, Health
and Safety Code.
       SECTION 4.02.  Subsection (a), Section 25.1033, Government
Code, is amended to read as follows:
       (a)  A county criminal court at law in Harris County has the
criminal jurisdiction provided by law for county courts; concurrent
jurisdiction with county civil courts at law for Harris County to
hear appeals of the suspension of driver's licenses and original
proceedings regarding occupational driver's licenses; and
appellate jurisdiction in appeals of criminal cases from justice
courts and municipal courts in the county.
       SECTION 4.03.  This article takes effect September 1, 2007.
ARTICLE 5. ABOLITION OF CERTAIN STATUTORY COUNTY COURTS AND
CREATION OF ADDITIONAL JUDICIAL DISTRICTS
       SECTION 5.01.  (a)  Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.594 to read as follows:
       Sec. 24.594.  450TH JUDICIAL DISTRICT (CALHOUN COUNTY). The
450th Judicial District is composed of Calhoun County.
       (b)  Sections 25.0311 and 25.0312, Government Code, are
repealed.
       (c)  On January 1, 2011:
             (1)  the County Court at Law No. 1 of Calhoun County is
abolished; and
             (2)  the 450th Judicial District is created.
       (d)  This section takes effect January 1, 2011.
       SECTION 5.02.  (a)  Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.595 to read as follows:
       Sec. 24.595.  451ST JUDICIAL DISTRICT (CAMERON COUNTY). The
451st Judicial District is composed of Cameron County.
       (b)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.596 to read as follows:
       Sec. 24.596.  452ND JUDICIAL DISTRICT (CAMERON COUNTY). The
452nd Judicial District is composed of Cameron County.
       (c)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.597 to read as follows:
       Sec. 24.597.  453RD JUDICIAL DISTRICT (CAMERON COUNTY). The
453rd Judicial District is composed of Cameron County.
       (d)  Sections 25.0331 and 25.0332, Government Code, are
repealed.
       (e)  On January 1, 2011:
             (1)  the County Court at Law No. 1 of Cameron County is
abolished; and
             (2)  the 451st Judicial District is created.
       (f)  On January 1, 2011:
             (1)  the County Court at Law No. 2 of Cameron County is
abolished; and
             (2)  the 452nd Judicial District is created.
       (g)  On January 1, 2011:
             (1)  the County Court at Law No. 3 of Cameron County is
abolished; and
             (2)  the 453rd Judicial District is created.
       (h)  This section takes effect January 1, 2011.
       SECTION 5.03.  (a)  Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.598 to read as follows:
       Sec. 24.598.  454TH JUDICIAL DISTRICT (CASS COUNTY). The
454th Judicial District is composed of Cass County.
       (b)  Sections 25.0361 and 25.0362, Government Code, are
repealed.
       (c)  On January 1, 2011:
             (1)  the County Court at Law of Cass County is
abolished; and
             (2)  the 454th Judicial District is created.
       (d)  This section takes effect January 1, 2011.
       SECTION 5.04.  (a)  Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.599 to read as follows:
       Sec. 24.599.  455TH JUDICIAL DISTRICT (DALLAS COUNTY). The
455th Judicial District is composed of Dallas County.
       (b)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.600 to read as follows:
       Sec. 24.600.  456TH JUDICIAL DISTRICT (DALLAS COUNTY). The
456th Judicial District is composed of Dallas County.
       (c)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.6001 to read as follows:
       Sec. 24.6001.  457TH JUDICIAL DISTRICT (DALLAS COUNTY). The
457th Judicial District is composed of Dallas County.
       (d)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.6002 to read as follows:
       Sec. 24.6002.  458TH JUDICIAL DISTRICT (DALLAS COUNTY). The
458th Judicial District is composed of Dallas County.
       (e)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.6003 to read as follows:
       Sec. 24.6003.  459TH JUDICIAL DISTRICT (DALLAS COUNTY). The
459th Judicial District is composed of Dallas County.
       (f)  Subsection (a), Section 25.0591, and Section 25.0592,
Government Code, are repealed.
       (g)  Subsection (a), Section 25.0593, Government Code, is
amended to read as follows:
       (a)  A county criminal court in Dallas County has the
criminal jurisdiction, original and appellate, provided by the
constitution and law for county courts and [concurrent]
jurisdiction [with county courts at law for Dallas County] to hear
appeals of the suspension of driver's licenses and original
proceedings regarding occupational driver's licenses.
       (h)  On January 1, 2011:
             (1)  the County Court of Dallas County at Law No. 1 is
abolished; and
             (2)  the 455th Judicial District is created.
       (i)  On January 1, 2011:
             (1)  the County Court of Dallas County at Law No. 2 is
abolished; and
             (2)  the 456th Judicial District is created.
       (j)  On January 1, 2011:
             (1)  the County Court of Dallas County at Law Number 3
is abolished; and
             (2)  the 457th Judicial District is created.
       (k)  On January 1, 2011:
             (1)  the County Court of Dallas County at Law Number 4
is abolished; and
             (2)  the 458th Judicial District is created.
       (l)  On January 1, 2011:
             (1)  the County Court of Dallas County at Law No. 5 is
abolished; and
             (2)  the 459th Judicial District is created.
       (m)  This section takes effect January 1, 2011.
       SECTION 5.05.  (a)  Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.6004 to read as follows:
       Sec. 24.6004.  460TH JUDICIAL DISTRICT (ELLIS COUNTY). The
460th Judicial District is composed of Ellis County.
       (b)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.6005 to read as follows:
       Sec. 24.6005.  461ST JUDICIAL DISTRICT (ELLIS COUNTY). The
461st Judicial District is composed of Ellis County.
       (c)  Sections 25.0721 and 25.0722, Government Code, are
repealed.
       (d)  On January 1, 2011:
             (1)  the County Court at Law of Ellis County is
abolished; and
             (2)  the 460th Judicial District is created.
       (e)  On January 1, 2011:
             (1)  the County Court at Law No. 2 of Ellis County is
abolished; and
             (2)  the 461st Judicial District is created.
       (f)  This section takes effect January 1, 2011.
       SECTION 5.06.  (a)  Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.6006 to read as follows:
       Sec. 24.6006.  462ND JUDICIAL DISTRICT (EL PASO COUNTY).
The 462nd Judicial District is composed of El Paso County.
       (b)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.6008 to read as follows:
       Sec. 24.6008.  464TH JUDICIAL DISTRICT (EL PASO COUNTY).
The 464th Judicial District is composed of El Paso County.
       (c)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.60010 to read as follows:
       Sec. 24.60010.  466TH JUDICIAL DISTRICT (EL PASO COUNTY).
The 466th Judicial District is composed of El Paso County.
       (d)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.60011 to read as follows:
       Sec. 24.60011.  467TH JUDICIAL DISTRICT (EL PASO COUNTY).
The 467th Judicial District is composed of El Paso County.
       (e)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.60012 to read as follows:
       Sec. 24.60012.  468TH JUDICIAL DISTRICT (EL PASO COUNTY).
The 468th Judicial District is composed of El Paso County.
       (f)  Subsection (a), Section 25.0731, Government Code, is
amended to read as follows:
       (a)  El Paso County has the following statutory county
courts:
             (1)  [County Court at Law No. 1 of El Paso County,
Texas;
             [(2)]  County Court at Law No. 2 of El Paso County,
Texas;
             (2)  [(3) County Court at Law No. 3 of El Paso County,
Texas;
             [(4)]  County Court at Law No. 4 of El Paso County,
Texas;
             (3)  [(5) County Court at Law No. 5 of El Paso County,
Texas;
             [(6)  County Court at Law No. 6 of El Paso County,
Texas;
             [(7)  County Court at Law No. 7 of El Paso County,
Texas;
             [(8)]  County Criminal Court at Law No. 1 of El Paso
County, Texas; and
             (4) [(9)]  County Criminal Court at Law No. 2 of El Paso
County, Texas.
       (g)  Subsection (r), Section 25.0732, Government Code, is
amended to read as follows:
       (r)  Sections 25.0006(b) and 25.0007 do not apply to County
Court at Law No. 2 or[, 3,] 4[, 5, 6, or 7] of El Paso County, Texas.
       (h)  Section 25.0733, Government Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
       (a)  Sections 25.0732(d), (h), [(i),] (j), (m), (n), (o),
(p), (q), (r), and (v), relating to county courts at law in El Paso
County, apply to a statutory probate court in El Paso County.
       (a-1)  Practice in a statutory probate court in El Paso
County must conform to that prescribed by law for county courts.
       (i)  Subsections (a), (b), and (i), Section 25.0732,
Government Code, are repealed.
       (j)  On January 1, 2011:
             (1)  the County Court at Law No. 1 of El Paso County,
Texas, is abolished; and
             (2)  the 462nd Judicial District is created.
       (k)  On January 1, 2011:
             (1)  the County Court at Law No. 3 of El Paso County,
Texas, is abolished; and
             (2)  the 464th Judicial District is created.
       (l)  On January 1, 2011:
             (1)  the County Court at Law No. 5 of El Paso County,
Texas, is abolished; and
             (2)  the 466th Judicial District is created.
       (m)  On January 1, 2011:
             (1)  the County Court at Law No. 6 of El Paso County,
Texas, is abolished; and
             (2)  the 467th Judicial District is created.
       (n)  On January 1, 2011:
             (1)  the County Court at Law No. 7 of El Paso County,
Texas, is abolished; and
             (2)  the 468th Judicial District is created.
       (o)  This section takes effect January 1, 2011.
       SECTION 5.07.  (a)  Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60013 to read as follows:
       Sec. 24.60013.  469TH JUDICIAL DISTRICT (GALVESTON COUNTY).
The 469th Judicial District is composed of Galveston County.
       (b)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.60014 to read as follows:
       Sec. 24.60014.  470th JUDICIAL DISTRICT (GALVESTON COUNTY).
The 470th Judicial District is composed of Galveston County.
       (c)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.60015 to read as follows:
       Sec. 24.60015.  471ST JUDICIAL DISTRICT (GALVESTON COUNTY).
The 471st Judicial District is composed of Galveston County.
       (d)  Subsections (i) through (l), Section 25.0862,
Government Code, are amended to read as follows:
       (i)  The clerk of the [statutory county courts and] statutory
probate court shall [keep a separate docket for each court. The
clerk shall] tax the official court reporter's fees as costs in
civil actions in the same manner as the fee is taxed in civil cases
in the district courts. The [district clerk serves as clerk of the
county courts in a cause of action arising under the Family Code and
an appeal of a final ruling or decision of the division of workers'
compensation of the Texas Department of Insurance regarding
workers' compensation claims, and the] county clerk serves as clerk
of the court in all [other] cases.
       (j)  The sheriff shall appoint a deputy to attend [County
Court No. 1, 2, or 3 of Galveston County or] the Probate Court of
Galveston County when required by the judge.
       (k)  The official court reporter of the [each statutory
county court and each] statutory probate court is entitled to the
same compensation, paid in the same manner, as the official court
reporters of the district courts in Galveston County. The [Each]
reporter is primarily responsible for cases in the reporter's
court.
       (l)  The official court [Each] reporter may be made available
when not engaged in proceedings in the reporter's [their] court to
report proceedings in all other courts. [Practice, appeals, and
writs of error in a statutory county court are as prescribed by law
for county courts and county courts at law. Appeals and writs of
error may be taken from judgments and orders of the County Courts
Nos. 1, 2, and 3 of Galveston County and the judges, in civil and
criminal cases, in the manner prescribed by law for appeals and
writs of error. Appeals from interlocutory orders of the County
Courts Nos. 1, 2, and 3 appointing a receiver or overruling a motion
to vacate or appoint a receiver may be taken and are governed by the
laws relating to appeals from similar orders of district courts.]
       (e)  Subsection (a), Section 25.0861 and Subsections (a),
(b), (g), (h), (m), and (n), Section 25.0862, Government Code, are
repealed.
       (f)  On January 1, 2011:
             (1)  the County Court No. 1 of Galveston County is
abolished; and
             (2)  the 469th Judicial District is created.
       (g)  On January 1, 2011:
             (1)  the County Court No. 2 of Galveston County is
abolished; and
             (2)  the 470th Judicial District is created.
       (h)  On January 1, 2011:
             (1)  the County Court No. 3 of Galveston County is
abolished; and
             (2)  the 471st Judicial District is created.
       (i)  This section takes effect January 1, 2011.
       SECTION 5.08.  (a)  Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60016 to read as follows:
       Sec. 24.60016.  472ND JUDICIAL DISTRICT (GREGG COUNTY). The
472nd Judicial District is composed of Gregg County.
       (b)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.60017 to read as follows:
       Sec. 24.60017.  473RD JUDICIAL DISTRICT (GREGG COUNTY). The
473rd Judicial District is composed of Gregg County.
       (c)  Sections 25.0941 and 25.0942, Government Code, are
repealed.
       (d)  On January 1, 2011:
             (1)  the County Court at Law No. 1 of Gregg County is
abolished; and
             (2)  the 472nd Judicial District is created.
       (e)  On January 1, 2011:
             (1)  the County Court at Law No. 2 of Gregg County is
abolished; and
             (2)  the 473rd Judicial District is created.
       (f)  This section takes effect January 1, 2011.
       SECTION 5.09.  (a)  Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60018 to read as follows:
       Sec. 24.60018.  474TH JUDICIAL DISTRICT (HIDALGO COUNTY).
The 474th Judicial District is composed of Hidalgo County.
       (b)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.60019 to read as follows:
       Sec. 24.60019.  475TH JUDICIAL DISTRICT (HIDALGO COUNTY).
The 475th Judicial District is composed of Hidalgo County.
       (c)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.60020 to read as follows:
       Sec. 24.60020.  476TH JUDICIAL DISTRICT (HIDALGO COUNTY).
The 476th Judicial District is composed of Hidalgo County.
       (d)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.60021 to read as follows:
       Sec. 24.60021.  477TH JUDICIAL DISTRICT (HIDALGO COUNTY).
The 477th Judicial District is composed of Hidalgo County.
       (e)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.60022 to read as follows:
       Sec. 24.60022.  478TH JUDICIAL DISTRICT (HIDALGO COUNTY).
The 478th Judicial District is composed of Hidalgo County.
       (f)  Subsections (a) and (c), Section 25.1101, and Section
25.1102, Government Code, are repealed.
       (g)  On January 1, 2011:
             (1)  the County Court at Law No. 1 of Hidalgo County is
abolished; and
             (2)  the 474th Judicial District is created.
       (h)  On January 1, 2011:
             (1)  the County Court at Law No. 2 of Hidalgo County is
abolished; and
             (2)  the 475th Judicial District is created.
       (i)  On January 1, 2011:
             (1)  the County Court at Law No. 4 of Hidalgo County is
abolished; and
             (2)  the 476th Judicial District is created.
       (j)  On January 1, 2011:
             (1)  the County Court at Law No. 5 of Hidalgo County is
abolished; and
             (2)  the 477th Judicial District is created.
       (k)  On January 1, 2011:
             (1)  the County Court at Law No. 6 of Hidalgo County is
abolished; and
             (2)  the 478th Judicial District is created.
       (l)  This section takes effect January 1, 2011.
       SECTION 5.10.  (a)  Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60023 to read as follows:
       Sec. 24.60023.  479TH JUDICIAL DISTRICT (HOOD COUNTY). The
479th Judicial District is composed of Hood County.
       (b)  Section 43.179, Government Code, is amended to read as
follows:
       Sec. 43.179.  355TH JUDICIAL DISTRICT. The voters of the
355th Judicial District elect a district attorney who represents
the state in all cases before the 355th and 479th District Courts,
except as provided by Section 45.211 [that district court].
       (c)  Subchapter B, Chapter 45, Government Code, is amended by
adding Section 45.211 to read as follows:
       Sec. 45.211.  HOOD COUNTY. The county attorney shall
represent the state in all misdemeanor cases before the 479th
District Court.
       (d)  Sections 25.1131 and 25.1132, Government Code, are
repealed.
       (e)  On January 1, 2011:
             (1)  the County Court at Law No. 1 of Hood County is
abolished; and
             (2)  the 479th Judicial District is created.
       (f)  This section takes effect January 1, 2011.
       SECTION 5.11.  (a)  Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60024 to read as follows:
       Sec. 24.60024.  480TH JUDICIAL DISTRICT (KAUFMAN COUNTY).
The 480th Judicial District is composed of Kaufman County.
       (b)  Section 25.1311, Government Code, is amended to read as
follows:
       Sec. 25.1311.  KAUFMAN COUNTY.  Kaufman County has one [the
following] statutory county court, [courts:
             [(1)the County Court at Law of Kaufman County; and
             [(2)]  the County Court at Law No. 2 of Kaufman County.
       (c)  Subsection (b-1), Section 25.1312, Government Code, is
amended to read as follows:
       (b-1)  A statutory county court in [The County Court at Law
No. 2 of] Kaufman County does not have jurisdiction of civil cases
in which the amount in controversy exceeds the limit prescribed by
Section 25.0003(c)(1).
       (d)  On January 1, 2011:
             (1)  the County Court at Law of Kaufman County is
abolished; and
             (2)  the 480th Judicial District is created.
       (e)  This section takes effect January 1, 2011.
       SECTION 5.12.  (a)  Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60025 to read as follows:
       Sec. 24.60025.  481ST JUDICIAL DISTRICT (KENDALL COUNTY).
The 481st Judicial District is composed of Kendall County.
       (b)  Section 43.166, Government Code, is amended to read as
follows:
       Sec. 43.166.  216TH JUDICIAL DISTRICT. (a)  The voters of
the 216th Judicial District elect a district attorney.
       (b)  The district attorney for the 216th Judicial District
also represents the state in all cases before the 481st District
Court, except as provided by Section 45.230.
       (c)  Subchapter B, Chapter 45, Government Code, is amended by
adding Section 45.230 to read as follows:
       Sec. 45.230.  KENDALL COUNTY. The county attorney shall
represent the state in all misdemeanor cases before the 481st
District Court.
       (d)  Sections 25.1321 and 25.1322, Government Code, are
repealed.
       (e)  On January 1, 2011:
             (1)  the County Court at Law of Kendall County is
abolished; and
             (2)  the 481st Judicial District is created.
       (f)  This section takes effect January 1, 2011.
       SECTION 5.13.  (a)  Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60026 to read as follows:
       Sec. 24.60026.  482ND JUDICIAL DISTRICT (MIDLAND COUNTY).
The 482nd Judicial District is composed of Midland County.
       (b)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.60027 to read as follows:
       Sec. 24.60027.  483RD JUDICIAL DISTRICT (MIDLAND COUNTY).
The 483rd Judicial District is composed of Midland County.
       (c)  Sections 25.1671 and 25.1672, Government Code, are
repealed.
       (d)  On January 1, 2011:
             (1)  the County Court at Law of Midland County is
abolished; and
             (2)  the 482nd Judicial District is created.
       (e)  On January 1, 2011:
             (1)  the County Court at Law No. 2 of Midland County is
abolished; and
             (2)  the 483rd Judicial District is created.
       (f)  This section takes effect January 1, 2011.
       SECTION 5.14.  (a)  Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60028 to read as follows:
       Sec. 24.60028.  484TH JUDICIAL DISTRICT (NUECES COUNTY).
The 484th Judicial District is composed of Nueces County.
       (b)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.60029 to read as follows:
       Sec. 24.60029.  485TH JUDICIAL DISTRICT (NUECES COUNTY).
The 485th Judicial District is composed of Nueces County.
       (c)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.60030 to read as follows:
       Sec. 24.60030.  486TH JUDICIAL DISTRICT (NUECES COUNTY).
The 486th Judicial District is composed of Nueces County.
       (d)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.60031 to read as follows:
       Sec. 24.60031.  487TH JUDICIAL DISTRICT (NUECES COUNTY).
The 487th Judicial District is composed of Nueces County.
       (e)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.60032 to read as follows:
       Sec. 24.60032.  488TH JUDICIAL DISTRICT (NUECES COUNTY).
The 488th Judicial District is composed of Nueces County.
       (f)  The following provisions of the Government Code are
repealed:
             (1)  Subsection (d), Section 24.130;
             (2)  Subsection (d), Section 24.196;
             (3)  Subsection (d), Section 24.207;
             (4)  Subsection (d), Section 24.219;
             (5)  Subsection (c), Section 24.353;
             (6)  Subsection (c), Section 24.393;
             (7)  Subsection (b), Section 24.493;
             (8)  Subsection (c), Section 24.627; and
             (9)  Sections 25.1801 and 25.1802.
       (g)  On January 1, 2011:
             (1)  the County Court at Law No. 1 of Nueces County is
abolished; and
             (2)  the 484th Judicial District is created.
       (h)  On January 1, 2011:
             (1)  the County Court at Law No. 2 of Nueces County is
abolished; and
             (2)  the 485th Judicial District is created.
       (i)  On January 1, 2011:
             (1)  the County Court at Law No. 3 of Nueces County is
abolished; and
             (2)  the 486th Judicial District is created.
       (j)  On January 1, 2011:
             (1)  the County Court at Law No. 4 of Nueces County is
abolished; and
             (2)  the 487th Judicial District is created.
       (k)  On January 1, 2011:
             (1)  the County Court at Law No. 5 of Nueces County is
abolished; and
             (2)  the 488th Judicial District is created.
       (l)  This section takes effect January 1, 2011.
       SECTION 5.15.  (a)  Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60033 to read as follows:
       Sec. 24.60033.  489TH JUDICIAL DISTRICT (PANOLA COUNTY).
The 489th Judicial District is composed of Panola County.
       (b)  Sections 25.1851 and 25.1852, Government Code, are
repealed.
       (c)  On January 1, 2011:
             (1)  the County Court at Law of Panola County is
abolished; and
             (2)  the 489th Judicial District is created.
       (d)  This section takes effect January 1, 2011.
       SECTION 5.16.  (a)  Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60034 to read as follows:
       Sec. 24.60034.  490TH JUDICIAL DISTRICT (PARKER COUNTY).  
The 490th Judicial District is composed of Parker County.
       (b)  Effective January 1, 2011, Subchapter C, Chapter 24,
Government Code, is amended by adding Section 24.60035 to read as
follows:
       Sec. 24.60035.  491ST JUDICIAL DISTRICT (PARKER COUNTY).
The 491st Judicial District is composed of Parker County.
       (c)  Subsection (a), Section 25.1861, Government Code, is
amended to read as follows:
       (a)  Parker County has one [the following] statutory county
court, [courts:
             [(1)]  the County Court at Law of Parker County[; and
             [(2)the County Court at Law No. 2 of Parker County].
       (d)  Section 43.125, Government Code, is amended to read as
follows:
       Sec. 43.125.  43RD JUDICIAL DISTRICT. The voters of the 43rd
Judicial District elect a district attorney who represents the
state in all cases before the 43rd, [and] 415th, 490th, and 491st
district courts, except as provided by Section 45.284.
       (e)  Subchapter B, Chapter 45, Government Code, is amended by
adding Section 45.284 to read as follows:
       Sec. 45.284.  PARKER COUNTY. The county attorney shall
represent the state in all misdemeanor cases before the 490th and
491st District Courts.
       (f)  Effective January 1, 2011, Sections 25.1861, 25.1862,
and 25.1863, Government Code, are repealed.
       (g)  On January 1, 2009:
             (1)  the County Court at Law No. 2 of Parker County is
abolished; and
             (2)  the 490th Judicial District is created.
       (h)  On January 1, 2011:
             (1)  the County Court at Law of Parker County is
abolished; and
             (2)  the 491st Judicial District is created.
       (i)  Notwithstanding Subsection (j) of this section, for
purposes of Section 201.027, Election Code, the effective date of
Subsection (b) of this section is January 1, 2011.
       (j)  This section takes effect January 1, 2009.
       SECTION 5.17.  (a)  Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60038 to read as follows:
       Sec. 24.60038.  494TH JUDICIAL DISTRICT (ROCKWALL COUNTY).
The 494th Judicial District is composed of Rockwall County.
       (b)  Sections 25.2011 and 25.2012, Government Code, are
repealed.
       (c)  On January 1, 2009:
             (1)  the County Court at Law of Rockwall County is
abolished; and
             (2)  the 494th Judicial District is created.
       (d)  This section takes effect January 1, 2009.
       SECTION 5.18.  (a)  Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60039 to read as follows:
       Sec. 24.60039.  495TH JUDICIAL DISTRICT (RUSK COUNTY). The
495th Judicial District is composed of Rusk County.
       (b)  Sections 25.2031 and 25.2032, Government Code, are
repealed.
       (c)  On January 1, 2011:
             (1)  the County Court at Law of Rusk County is
abolished; and
             (2)  the 495th Judicial District is created.
       (d)  This section takes effect January 1, 2011.
       SECTION 5.19.  (a)  Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60040 to read as follows:
       Sec. 24.60040.  496TH JUDICIAL DISTRICT (SMITH COUNTY). The
496th Judicial District is composed of Smith County.
       (b)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.60041 to read as follows:
       Sec. 24.60041.  497TH JUDICIAL DISTRICT (SMITH COUNTY). The
497th Judicial District is composed of Smith County.
       (c)  Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.60042 to read as follows:
       Sec. 24.60042.  498TH JUDICIAL DISTRICT (SMITH COUNTY). The
498th Judicial District is composed of Smith County.
       (d)  Sections 25.2141 and 25.2142, Government Code, are
repealed.
       (e)  On January 1, 2011:
             (1)  the County Court at Law of Smith County is
abolished; and
             (2)  the 496th Judicial District is created.
       (f)  On January 1, 2011:
             (1)  the County Court at Law No. 2 of Smith County is
abolished; and
             (2)  the 497th Judicial District is created.
       (g)  On January 1, 2011:
             (1)  the County Court at Law No. 3 of Smith County is
abolished; and
             (2)  the 498th Judicial District is created.
       (h)  This section takes effect January 1, 2011.
       SECTION 5.20.  Subchapter A, Chapter 24, Government Code, is
amended by adding Section 24.0081 to read as follows:
       Sec. 24.0081.  OTHER JURISDICTION OF CERTAIN COURTS; DUTIES
OF COUNTY CLERK. (a)  In addition to other jurisdiction provided
by law, the 450th, 451st, 452nd, 453rd, 454th, 460th, 461st, 462nd,
464th, 466th, 467th, 468th, 469th, 470th, 471st, 472nd, 473rd,
474th, 475th, 476th, 477th, 478th, 479th, 480th, 481st, 482nd,
483rd, 484th, 485th, 486th, 487th, 488th, 489th, 490th, 491st,
494th, 495th, 496th, 497th, and 498th District Courts have:
             (1)  the criminal jurisdiction of a county court; and
             (2)  the appellate jurisdiction of a county court.
       (b)  In addition to other jurisdiction provided by law, the
450th, 451st, 452nd, 453rd, 454th, 460th, 461st, 469th, 470th,
471st, 472nd, 473rd, 474th, 475th, 476th, 477th, 478th, 479th,
480th, 481st, 482nd, 483rd, 484th, 485th, 486th, 487th, 488th,
489th, 490th, 491st, 494th, 495th, 496th, 497th, and 498th District
Courts have the jurisdiction of a county court in probate matters
and proceedings under Subtitle C, Title 7, Health and Safety Code.
       (c)  Notwithstanding Section 26.045(a), the jurisdiction of
a county court described by that section is concurrent with the
jurisdiction of the district court provided by Subsection (a)(1).
       (d)  The jurisdiction of a county court described by Section
26.046 is concurrent with the jurisdiction of the district court
provided by Subsection (a)(2).
       (e)  The jurisdiction of a county court described by Section
26.052 is concurrent with the jurisdiction of the district court
provided by Subsection (b).
       (f)  Notwithstanding any other law, all matters within the
jurisdiction described by Subsection (a)(1) or (2) or (b) of a
district court listed in Subsection (a) or (b), as applicable, must
be filed with the county clerk of the county served by the court.
The county clerk serves as clerk of the district court with respect
to those matters.
       SECTION 5.21.  Notwithstanding Section 24.027, Government
Code, as added by this Act and except as provided by Section 5.22 of
this article, the initial vacancy in the office of judge of a
judicial district created by this article shall be filled by
election. Except as provided by Section 5.22 of this article, the
office of judge of a judicial district created by this article
exists for purposes of the primary and general elections in 2010. A
vacancy after the initial vacancy is filled as provided by Section
28, Article V, Texas Constitution.
       SECTION 5.22.  Notwithstanding Section 24.027, Government
Code, as added by this Act, the initial vacancy in the offices of
judge of the 490th and 494th judicial districts shall be filled by
election. The offices of judge of those judicial districts exist
for purposes of the primary and general elections in 2008. A
vacancy after the initial vacancy is filled as provided by Section
28, Article V, Texas Constitution.
       SECTION 5.23.  On and after the date on which a statutory
county court is abolished in accordance with this article:
             (1)  a reference in law to that court with respect to a
case or proceeding means another court in the same county with
jurisdiction over the case or proceeding; and
             (2)  a reference in law to the judge of that court,
including a reference in Chapter 152, Human Resources Code, means
the judge of the district court created by the same subsection of
the section of this article that provides for the date of abolition
of the statutory county court.
       SECTION 5.24.  (a)  The local administrative statutory
county court judge shall, on the date a statutory county court in
the county the local administrative judge serves is abolished in
accordance with this article, transfer all cases pending in that
court immediately before the abolition to the district court
created by the same subsection of the section of this article that
provides for the date of abolition of the statutory county court.
       (b)  When a case is transferred as provided by Subsection (a)
of this section, all processes, writs, bonds, recognizances, or
other obligations issued from the transferring court are returnable
to the court to which the case is transferred as if originally
issued by that court. The obligees on all bonds and recognizances
taken in and for the transferring court and all witnesses summoned
to appear in the transferring court are required to appear before
the court to which the case is transferred as if taken in or for or
required to appear before that court.
       SECTION 5.25.  It is an exception to the application of
Section 255.006, Election Code, that a person making a
representation described by that section represents that a judge
who, immediately before the date a statutory county court was
abolished in accordance with this article, was serving as the judge
of that court and who is a candidate to fill the initial vacancy in
the office of judge of the district court created by the same
subsection of the section of this article that provides for the date
of abolition of the statutory county court for which the person
formerly served as judge, holds the office of judge of that district
court.
       SECTION 5.26.  (a)  This section applies only to a person
who:
             (1)  immediately before the date a statutory county
court was abolished in accordance with this article, was serving as
the judge of that court; and
             (2)  is elected to serve and takes office as the initial
judge of the district court created by the same subsection of the
section of this article that provides for the date of abolition of
the statutory county court for which the person formerly served as
judge.
       (b)  Not later than the 30th day after the date a person to
whom this section applies takes office as the initial judge of a
district court described by Subdivision (2), Subsection (a) of this
section, the person may make an irrevocable election to remain a
member of the retirement system provided by the county formerly
served by the statutory county court described by Subdivision (1),
Subsection (a) of this section. A person who elects to remain a
member of the retirement system provided by that county is not
eligible for membership in the Judicial Retirement System of Texas
Plan Two.
       (c)  An election under this section is governed by procedures
adopted by the Judicial Retirement System of Texas Plan Two. As
soon as practicable after an election is made, the Judicial
Retirement System of Texas Plan Two shall notify the applicable
county and retirement system of the person's election.
       (d)  A person who elects to remain a member of the retirement
system provided by the county under this section is required to
contribute to that retirement system at the rate required of other
members of that system for current service. The person's
contribution under this section shall be made as follows:
             (1)  each payroll period the payroll officer
responsible for paying the state compensation of a judicial officer
shall:
                   (A)  deduct the required picked-up contribution
from the district court judge's state compensation; and
                   (B)  pay the deducted amounts to the county that
participates in the retirement system of which the person is a
member; and
             (2)  the county shall pay or cause to be paid to the
retirement system at the system's office the amounts the county
receives under Paragraph (B), Subdivision (1) of this subsection.
       (e)  On behalf of a person who elects to remain a member of
the retirement system provided by the county, the county shall
contribute to the retirement system an amount that matches the rate
of the person's contribution under Subsection (d) of this section,
including any amount required to fund optional benefits provided by
the county under its retirement system, and is calculated in
accordance with the formula adopted by the retirement system in the
same manner and to the same extent as the county calculates the
amount it contributes on behalf of a person who is a judicial
officer of the county compensated entirely from the county's
general salary fund.
       (f)  On behalf of a person who elects to remain a member of
the retirement system provided by the county, the state shall pay to
the county, at the same time the state pays the person's
contribution to the county under Paragraph (B), Subdivision (1),
Subsection (d) of this section, an amount equal to the amount the
county is required to contribute under Subsection (e) of this
section.
       (g)  A person who does not elect to remain a member of a
county-provided retirement system under Subsection (b) of this
section is considered to have chosen membership in the Judicial
Retirement System of Texas Plan Two.
ARTICLE 6. PROVISIONS RELATING TO JUSTICE AND SMALL CLAIMS COURTS
       SECTION 6.01.  Subsection (b), Section 27.004, Government
Code, is amended to read as follows:
       (b)  A person who has possession of dockets, books, or papers
belonging to the office of any justice of the peace shall deliver
them to the justice on demand. If the person refuses to deliver
them, on a motion supported by an affidavit, the person may be
attached and imprisoned by the order of the district court [county
judge] until the person makes delivery. [The county judge may issue
the order in termtime or vacation.] The person against whom the
motion is made must be given three days' notice of the motion before
the person may be attached.
       SECTION 6.02.  Subsection (a), Section 27.031, Government
Code, is amended to read as follows:
       (a)  In addition to the jurisdiction and powers provided by
the constitution and other law, the justice court has original
jurisdiction of:
             (1)  civil matters in which exclusive jurisdiction is
not in the district or county court and in which the amount in
controversy is not more than $10,000 [$5,000], exclusive of
interest;
             (2)  cases of forcible entry and detainer; and
             (3)  foreclosure of mortgages and enforcement of liens
on personal property in cases in which the amount in controversy is
otherwise within the justice court's jurisdiction.
       SECTION 6.03.  Subchapter B, Chapter 27, Government Code, is
amended by adding Section 27.035 to read as follows:
       Sec. 27.035.  LIMITATION ON AWARDS. A justice court may not
award a judgment that exceeds $10,000, exclusive of interest and
costs of court.
       SECTION 6.04.  Subchapter C, Chapter 27, Government Code, is
amended by adding Section 27.060 to read as follows:
       Sec. 27.060.  SMALL CLAIMS. A justice court shall conduct
proceedings in a small claims case, as that term is defined by the
supreme court, in accordance with rules of civil procedure
promulgated by the supreme court to ensure the fair, expeditious,
and inexpensive resolution of small claims cases.
       SECTION 6.05.  (a)  Chapter 28, Government Code, is
repealed.
       (b)  On the effective date of this section, each small claims
court under Chapter 28, Government Code, is abolished.
       SECTION 6.06.  Not later than July 1, 2008, the Texas Supreme
Court shall promulgate rules to define cases that constitute small
claims cases and rules of civil procedure applicable to those cases
as required by Section 27.060, Government Code, as added by this
article. Before adopting the rules, the justices of the supreme
court shall appoint an ad hoc committee composed of justices of the
peace and public members to advise the court in developing the
rules.
       SECTION 6.07.  (a)  Immediately before the date the small
claims court in a county is abolished in accordance with this
article, the justice of the peace sitting as judge of that court
shall transfer all cases pending in the court to a justice court in
the county.
       (b)  When a case is transferred as provided by Subsection (a)
of this section, all processes, writs, bonds, recognizances, or
other obligations issued from the transferring court are returnable
to the court to which the case is transferred as if originally
issued by that court. The obligees on all bonds and recognizances
taken in and for the transferring court and all witnesses summoned
to appear in the transferring court are required to appear before
the court to which the case is transferred as if originally required
to appear before that court.
       SECTION 6.08.  Sections 6.04 and 6.05 of this article take
effect July 1, 2008.
ARTICLE 7.  COURT ADMINISTRATION
       SECTION 7.01.  Section 74.005, Government Code, is amended
to read as follows:
       Sec. 74.005.  APPOINTMENT OF [REGIONAL] PRESIDING JUDGES OF
ADMINISTRATIVE JUDICIAL REGIONS.  (a)  The chief justice of the
supreme court [governor], with the advice and consent of the
senate, shall appoint one judge in each administrative judicial 
region as presiding judge of the region.
       (b)  On the death, resignation, removal, or expiration of the
term of office of a presiding judge, the chief justice of the
supreme court [governor] immediately shall appoint or reappoint a
presiding judge.
       SECTION 7.02.  Section 74.044, Government Code, is amended
to read as follows:
       Sec. 74.044.  TERM OF PRESIDING JUDGE.  A presiding judge
serves for a term of office of four years from the date of
qualification as the presiding judge, subject to removal for good
cause on a majority vote of the justices of the supreme court after
notice and a hearing.  The good cause must be stated in writing.
ARTICLE 8. ADDITIONAL RESOURCES FOR CERTAIN LITIGATION
       SECTION 8.01.  Chapter 74, Government Code, is amended by
adding Subchapter I to read as follows:
SUBCHAPTER I. ADDITIONAL RESOURCES FOR CERTAIN CIVIL CASES
       Sec. 74.181.  APPLICABILITY OF SUBCHAPTER. (a)  Except as
provided by Subsection (b), this subchapter applies only to a civil
case pending in a trial court in this state.
       (b)  This subchapter does not apply to:
             (1)  a case in which judicial review is sought under
Subchapter G, Chapter 2001; or
             (2)  a case that has been transferred by the judicial
panel on multidistrict litigation to a district court for
consolidated or coordinated pretrial proceedings under Subchapter
H.
       Sec. 74.182.  RULES TO GUIDE DETERMINATION OF WHETHER CASE
REQUIRES ADDITIONAL RESOURCES. (a)  The supreme court shall adopt
rules under which courts, presiding judges of the administrative
judicial regions, and the judicial committee for additional
resources may determine whether a case requires additional
resources to ensure efficient judicial management of the case.
       (b)  In developing the rules, the supreme court shall include
considerations regarding whether a case involves or is likely to
involve:
             (1)  a large number of parties who are separately
represented by counsel;
             (2)  coordination with related actions pending in one
or more courts in other counties of this state or in one or more
United States district courts;
             (3)  numerous pretrial motions that present difficult
or novel legal issues that will be time-consuming to resolve;
             (4)  a large number of witnesses or substantial
documentary evidence;
             (5)  substantial postjudgment supervision;
             (6)  a trial that will last more than four weeks; and
             (7)  a substantial additional burden on the trial
court's docket and the resources available to the trial court to
hear the case.
       Sec. 74.183.  JUDICIAL DETERMINATION. (a)  On the motion of
a party in a case, or on the court's own motion, the judge of the
court in which the case is pending shall review the case and
determine whether, under rules adopted by the supreme court under
Section 74.182, the case will require additional resources to
ensure efficient judicial management.  The judge is not required to
conduct an evidentiary hearing for purposes of making the
determination but may, in the judge's discretion, direct the
attorneys for the parties to the case and the parties to appear
before the judge for a conference to provide information to assist
the judge in making the determination.
       (b)  On determining that a case will require additional
resources as provided by Subsection (a), the judge shall:
             (1)  refer the case to the presiding judge of the
administrative judicial region in which the court is located; and
             (2)  request any specific additional resources that are
needed, including the assignment of a judge under this chapter.
       (c)  If the presiding judge of the administrative judicial
region agrees that, in accordance with the rules adopted by the
supreme court under Section 74.182, the case will require
additional resources to ensure efficient judicial management, the
presiding judge shall submit a request for specific additional
resources to the judicial committee for additional resources.
       Sec. 74.184.  JUDICIAL COMMITTEE FOR ADDITIONAL RESOURCES.  
(a)  The judicial committee for additional resources is composed
of:
             (1)  the chief justice of the supreme court; and
             (2)  the nine presiding judges of the administrative
judicial regions.
       (b)  The chief justice of the supreme court serves as
presiding officer.
       (c)  On receipt of a request for additional resources from a
presiding judge of an administrative judicial region under Section
74.183, the committee shall determine whether the case that is the
subject of the request requires additional resources in accordance
with the rules adopted under Section 74.182. If the committee
determines that the case does require additional resources, the
committee shall make the requested resources available to the
extent funds are available for those resources under the General
Appropriations Act and to the extent the committee determines the
requested resources are appropriate to the circumstances of the
case.
       (d)  Subject to Subsections (c) and (g), additional
resources the committee may make available under this section
include:
             (1)  the assignment of an active or retired judge under
this chapter, subject to the consent of the judge of the court in
which the case for which the resources are provided is pending;
             (2)  additional legal, administrative, or clerical
personnel;
             (3)  computer hardware or software, including
specially designed courtroom presentation hardware or software to
facilitate presentation of the evidence to the trier of fact;
             (4)  specialized continuing legal education;
             (5)  a special master;
             (6)  special accommodations or furnishings for the
parties;
             (7)  other items determined necessary to try the case;
and
             (8)  any other resources the committee considers
appropriate.
       (e)  A judge who is assigned under this chapter as provided
by Subsection (d)(1):
             (1)  may only be appointed to hear the case designated
as needing additional resources; and
             (2)  may not preside over the regular docket of the
court in which that case is pending.
       (f)  Notwithstanding any provision of Subchapter C, a
justice or judge to whom Section 74.053(d) applies may not be
assigned under Subsection (d).
       (g)  The judicial committee for additional resources may not
provide additional resources under this subchapter for more than 10
cases each year.
       Sec. 74.185.  COST OF ADDITIONAL RESOURCES. The cost of
additional resources provided for a case under this subchapter
shall be paid by the state and may not be taxed against any party in
the case for which the resources are provided or against the county
in which the case is pending.
       Sec. 74.186.  NO STAY OR CONTINUANCE PENDING DETERMINATION.
The filing of a motion under Section 74.183 in a case is not grounds
for a stay or continuance of the proceedings in the case in the
court in which the case is pending during the period the motion or
request is being considered by:
             (1)  the judge of that court;
             (2)  the presiding judge of the administrative judicial
region; or
             (3)  the judicial committee for additional resources.
       Sec. 74.187.  APPELLATE REVIEW. A determination made by a
trial court judge, the presiding judge of an administrative
judicial region, or the judicial committee for additional resources
under this subchapter is not appealable or subject to review by
mandamus.
       SECTION 8.02.  (a)  The Texas Supreme Court shall request
the president of the State Bar of Texas to appoint a task force to
consider and make recommendations regarding the rules for
determining whether civil cases pending in trial courts require
additional resources for efficient judicial management required by
Section 74.182, Government Code, as added by this Act. The
president of the State Bar of Texas shall ensure that the task force
has diverse representation and includes judges of trial courts and
attorneys licensed to practice law in this state who regularly
appear in civil cases before courts in this state. The task force
shall provide recommendations on the rules to the Texas Supreme
Court not later than November 1, 2007.
       (b)  The Texas Supreme Court shall:
             (1)  consider the recommendations of the task force
provided as required by Subsection (a) of this section; and
             (2)  adopt the rules required by Section 74.182,
Government Code, as added by this Act, not later than January 1,
2008.
       SECTION 8.03.  The changes in law made by this article apply
to cases pending on or after January 1, 2008.
ARTICLE 9. GRANT PROGRAM FOR COURT SYSTEM ENHANCEMENTS
       SECTION 9.01.  Subchapter D, Chapter 71, Government Code, is
amended by adding Sections 71.064 and 71.065 to read as follows:
       Sec. 71.064.  GRANTS FOR COURT SYSTEM ENHANCEMENTS.
(a)  The Task Force on Indigent Defense shall develop and
administer, except as provided by Subsection (c), a program to
provide grants from available funds to counties for initiatives
that will enhance their court systems.
       (b)  To be eligible for a grant under this section, a county
must:
             (1)  use the grant money to implement initiatives that
will enhance the county's court system;
             (2)  match the amount of the grant with an equal amount
of local money; and
             (3)  apply for the grant in accordance with procedures
developed by the Task Force on Indigent Defense and comply with any
other requirements of the task force.
       (c)  The supreme court shall determine whether to award a
grant to a county that meets the eligibility requirements
prescribed by Subsection (b).
       (d)  If the supreme court awards a grant to a county, the Task
Force on Indigent Defense shall:
             (1)  direct the comptroller to distribute the grant
money to the county; and
             (2)  monitor the county's use of the grant money.
       Sec. 71.065.  GRANTS FOR CHILD PROTECTION.  (a)  The supreme
court, with the advice of an advisory group with expertise and
experience in child protection cases, shall develop and administer
a program to provide grants from available funds to counties for
initiatives that will alleviate backlog in child protection cases.
       (b)  To be eligible for a grant under this section, a county
must:
             (1)  use the grant money to alleviate backlog in child
protection cases in the county's court system; and
             (2)  apply for the grant in accordance with procedures
developed by the supreme court and comply with any other
court-adopted requirements.
       (c)  If the supreme court awards a grant to a county, the
court shall:
             (1)  direct the comptroller to distribute the grant
money to the county; and
             (2)  monitor the county's use of the grant money.
ARTICLE 10.  CERTAIN MATTERS IN SUITS AFFECTING PARENT-CHILD
RELATIONSHIP
       SECTION 10.01.  Subsection (a), Section 201.007, Family
Code, is amended to read as follows:
       (a)  Except as limited by an order of referral, an associate
judge may:
             (1)  conduct a hearing;
             (2)  hear evidence;
             (3)  compel production of relevant evidence;
             (4)  rule on the admissibility of evidence;
             (5)  issue a summons for the appearance of witnesses;
             (6)  examine a witness;
             (7)  swear a witness for a hearing;
             (8)  make findings of fact on evidence;
             (9)  formulate conclusions of law;
             (10)  recommend an order to be rendered in a case;
             (11)  regulate all proceedings in a hearing before the
associate judge;
             (12)  order the attachment of a witness or party who
fails to obey a subpoena;
             (13)  order the detention of a witness or party found
guilty of contempt, pending approval by the referring court as
provided by Section 201.013;
             (14)  without prejudice to the right of appeal under
Section 201.015, render and sign:
                   (A)  a final order agreed to in writing as to both
form and substance by all parties;
                   (B)  a final default order; or
                   (C)  a temporary order; and
             (15)  take action as necessary and proper for the
efficient performance of the associate judge's duties.
       SECTION 10.02.  The heading to Section 201.009, Family Code,
is amended to read as follows:
       Sec. 201.009.  COURT REPORTER; RECORD.
       SECTION 10.03.  Subsections (a) and (c), Section 201.009,
Family Code, are amended to read as follows:
       (a)  A court reporter may be provided during a hearing held
by an associate judge appointed under this chapter. A court
reporter is required to be provided when the associate judge
presides over a jury trial or a contested final termination
hearing.
       (c)  Except as provided by Subsection (a), in the absence of
a court reporter or on agreement of the parties, the [The] record
may be preserved [in the absence of a court reporter] by any [other]
means approved by the associate judge.
ARTICLE 11. GENERAL EFFECTIVE DATE
       SECTION 11.01.  Except as otherwise provided by this Act,
this Act takes effect September 1, 2007.