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        |  | AN ACT | 
      
        |  | relating to fiscal and other matters necessary for implementation | 
      
        |  | of the judiciary budget as enacted by H.B. No. 1, Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, and to the operation and | 
      
        |  | administration of, and practice and procedures in courts in, the | 
      
        |  | judicial branch of state government. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | ARTICLE 1.  FISCAL NECESSITY | 
      
        |  | SECTION 1.01.  The legislature finds that this Act is | 
      
        |  | necessary to the state to offset the effect of the approximately $30 | 
      
        |  | million budget reduction for the judiciary.  The provisions of this | 
      
        |  | Act are designed to allow the judiciary to operate with the least | 
      
        |  | chance of harm to fulfilling the purpose of the judiciary and to | 
      
        |  | allow the operation of the judiciary in the next state fiscal | 
      
        |  | biennium in an efficient manner. | 
      
        |  | ARTICLE 2.  APPELLATE COURT PROVISIONS | 
      
        |  | SECTION 2.01.  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 2.02.  (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, | 
      
        |  | statutory probate 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. | 
      
        |  | 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].  If a district judge 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 [ 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.  Sections 24.003 and 24.007, Government Code, | 
      
        |  | are 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)  Unless provided otherwise by the local rules of | 
      
        |  | administration, 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]. | 
      
        |  | Sec. 24.007.  JURISDICTION.  (a)  The district court has the | 
      
        |  | jurisdiction provided by Article V, Section 8, of the Texas | 
      
        |  | Constitution. | 
      
        |  | (b)  A district court has original jurisdiction of a civil | 
      
        |  | matter in which the amount in controversy is more than $500, | 
      
        |  | exclusive of interest. | 
      
        |  | 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, 24.024, 24.025, 24.026, 24.027, | 
      
        |  | 24.028, 24.029, 24.030, and 24.031 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.  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. 24.027.  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. 24.028.  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. 24.029.  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. 24.030.  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. 24.031.  COURT OFFICERS.  The prosecuting attorney, the | 
      
        |  | sheriff, the district clerk, the bailiffs, and the other officers | 
      
        |  | serving the other district courts of the county shall serve in their | 
      
        |  | respective capacities for the courts listed in this chapter. | 
      
        |  | 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 25.2512, Government | 
      
        |  | Code, as effective September 1, 2011, is amended to read as follows: | 
      
        |  | (k)  A judge of a county court at law and a judge of a | 
      
        |  | district court or another county court at law with concurrent | 
      
        |  | jurisdiction may transfer cases between the courts in the same | 
      
        |  | manner judges of district courts transfer cases under Section | 
      
        |  | 24.003 [ 24.303]. | 
      
        |  | SECTION 3.10.  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 3.11.  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.  Subsection (d), Section 659.012, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (d)  Notwithstanding any other provision in this section or | 
      
        |  | other law, in [ 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 salary from the state | 
      
        |  | that is $5,000 more than the salary from the state to which the | 
      
        |  | judge is otherwise entitled [ under Subsection (a)(1)]. | 
      
        |  | SECTION 3.13.  The following provisions of the Government | 
      
        |  | Code are repealed: | 
      
        |  | (1)  Section 24.013; | 
      
        |  | (2)  Section 24.302; | 
      
        |  | (3)  Section 24.303; | 
      
        |  | (4)  Section 24.304; | 
      
        |  | (5)  Section 24.305; | 
      
        |  | (6)  Section 24.307; | 
      
        |  | (7)  Section 24.308; | 
      
        |  | (8)  Section 24.309; | 
      
        |  | (9)  Section 24.311; | 
      
        |  | (10)  Section 24.312; | 
      
        |  | (11)  Section 24.313; | 
      
        |  | (12)  Section 24.314; | 
      
        |  | (13)  Section 24.525(b); | 
      
        |  | (14)  Section 24.526(b); | 
      
        |  | (15)  Section 24.527(b); | 
      
        |  | (16)  Sections 24.528(b) and (c); and | 
      
        |  | (17)  Sections 24.529(b) and (c). | 
      
        |  | ARTICLE 4.  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 cases and proceedings" includes all | 
      
        |  | cases and proceedings brought under Chapter 462, Health and Safety | 
      
        |  | Code, or Subtitle C or D, Title 7, Health and Safety Code. | 
      
        |  | SECTION 4.02.  Subsection (c), Section 25.0003, 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 $200,000 [ $100,000], excluding | 
      
        |  | interest, statutory or punitive damages and penalties, and | 
      
        |  | attorney's fees and costs, as alleged on the face of the petition; | 
      
        |  | and | 
      
        |  | (2)  appeals of final rulings and decisions of the | 
      
        |  | division of workers' compensation of the Texas Department of | 
      
        |  | Insurance regarding workers' compensation claims, regardless of | 
      
        |  | the amount in controversy. | 
      
        |  | SECTION 4.03.  Section 25.0004, Government Code, is amended | 
      
        |  | by adding Subsections (f) and (g) to read as follows: | 
      
        |  | (f)  The judge of a statutory county court does not have | 
      
        |  | general supervisory control or appellate review of the | 
      
        |  | commissioners court. | 
      
        |  | (g)  A judge of a statutory county court has the judicial | 
      
        |  | immunity of a district judge. | 
      
        |  | SECTION 4.04.  Section 25.0007, Government Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | Sec. 25.0007.  JURIES; PRACTICE AND PROCEDURE.  (a)  The | 
      
        |  | drawing of jury panels, selection of jurors, and practice in the | 
      
        |  | statutory county courts must conform to that prescribed by law for | 
      
        |  | county courts. | 
      
        |  | (b)  Practice in a statutory county court is that prescribed | 
      
        |  | by law for county courts, except that practice, procedure, rules of | 
      
        |  | evidence, issuance of process and writs, and all other matters | 
      
        |  | pertaining to the conduct of trials and hearings in the statutory | 
      
        |  | county courts, other than the number of jurors, that involve those | 
      
        |  | matters of concurrent jurisdiction with district courts are | 
      
        |  | governed by the laws and rules pertaining to district courts.  This | 
      
        |  | section does not affect local rules of administration adopted under | 
      
        |  | Section 74.093. | 
      
        |  | SECTION 4.05.  Section 25.0010, Government Code, is amended | 
      
        |  | by amending Subsection (b) and adding Subsections (c), (d), (e), | 
      
        |  | and (f) to read as follows: | 
      
        |  | (b)  The county attorney or criminal district attorney [ and  | 
      
        |  | sheriff] shall serve each statutory county court as required by | 
      
        |  | law. | 
      
        |  | (c)  A county sheriff shall in person or by deputy attend a | 
      
        |  | statutory county court as required by the court. | 
      
        |  | (d)  The county clerk shall serve as clerk of each statutory | 
      
        |  | county court.  The court officials shall perform the duties and | 
      
        |  | responsibilities of their offices and are entitled to the | 
      
        |  | compensation, fees, and allowances prescribed by law for those | 
      
        |  | offices. | 
      
        |  | (e)  The judge of a statutory county court may appoint the | 
      
        |  | personnel necessary for the operation of the court, including a | 
      
        |  | court coordinator or administrative assistant, if the | 
      
        |  | commissioners court has approved the creation of the position. | 
      
        |  | (f)  The commissioners court may authorize the employment of | 
      
        |  | as many additional assistant district attorneys, assistant county | 
      
        |  | attorneys, deputy sheriffs, and clerks as are necessary for a | 
      
        |  | statutory county court. | 
      
        |  | SECTION 4.06.  (a)  Section 25.0014, Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 25.0014.  QUALIFICATIONS OF JUDGE.  The judge of a | 
      
        |  | statutory county court must: | 
      
        |  | (1)  be at least 25 years of age; | 
      
        |  | (2)  be a United States citizen and have resided in the | 
      
        |  | county for at least two years before election or appointment; and | 
      
        |  | (3)  be a licensed attorney in this state who has | 
      
        |  | practiced law or served as a judge of a court in this state, or both | 
      
        |  | combined, for the four years preceding election or appointment, | 
      
        |  | unless otherwise provided for by law. | 
      
        |  | (b)  The change in law made by this Act to Section 25.0014, | 
      
        |  | Government Code, does not apply to a person serving as a statutory | 
      
        |  | county court judge immediately before the effective date of this | 
      
        |  | Act who met the qualifications of Section 25.0014, Government Code, | 
      
        |  | as it existed on that date, and the former law is continued in | 
      
        |  | effect for determining that person's qualifications to serve as a | 
      
        |  | statutory county court judge. | 
      
        |  | SECTION 4.07.  (a)  Subchapter A, Chapter 25, Government | 
      
        |  | Code, is amended by adding Sections 25.0016 and 25.00161 to read as | 
      
        |  | follows: | 
      
        |  | Sec. 25.0016.  TERMS OF COURT.  The commissioners court, by | 
      
        |  | order, shall set at least two terms a year for the statutory county | 
      
        |  | court. | 
      
        |  | Sec. 25.00161.  PRIVATE PRACTICE OF LAW.  The regular judge | 
      
        |  | of a statutory county court shall diligently discharge the duties | 
      
        |  | of the office on a full-time basis and may not engage in the private | 
      
        |  | practice of law. | 
      
        |  | (b)  Section 25.00161, Government Code, as added by this Act, | 
      
        |  | applies only to a regular judge serving a term to which the judge is | 
      
        |  | elected on or after the effective date of this Act.  A judge serving | 
      
        |  | a term to which the judge was elected before the effective date of | 
      
        |  | this Act is governed by the law in effect on the date the judge was | 
      
        |  | elected, and that law is continued in effect for that purpose. | 
      
        |  | SECTION 4.08.  Subsection (t), Section 25.0022, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (t)  To be eligible for assignment under this section, a | 
      
        |  | former or retired judge of a statutory probate court must: | 
      
        |  | (1)  not have been removed from office; | 
      
        |  | (2)  certify under oath to the presiding judge, on a | 
      
        |  | form prescribed by the state board of regional judges, that: | 
      
        |  | (A)  the judge has not been publicly reprimanded | 
      
        |  | or censured by the State Commission on Judicial Conduct; and | 
      
        |  | (B)  the judge: | 
      
        |  | (i)  did not resign or retire from office | 
      
        |  | after the State Commission on Judicial Conduct notified the judge | 
      
        |  | of the commencement of a full investigation into an allegation or | 
      
        |  | appearance of misconduct or disability of the judge as provided in | 
      
        |  | Section 33.022 and before the final disposition of that | 
      
        |  | investigation; or | 
      
        |  | (ii)  if the judge did resign from office | 
      
        |  | under circumstances described by Subparagraph (i), was not publicly | 
      
        |  | reprimanded or censured as a result of the investigation; | 
      
        |  | (3)  annually demonstrate that the judge 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 for at least 72 [ 96] | 
      
        |  | months in a district, statutory probate, statutory county, or | 
      
        |  | appellate court; and | 
      
        |  | (5)  have developed substantial experience in the | 
      
        |  | judge's area of specialty. | 
      
        |  | SECTION 4.09.  Section 25.00231, Government Code, is amended | 
      
        |  | by amending Subsection (c) and adding Subsection (e) to read as | 
      
        |  | follows: | 
      
        |  | (c)  In lieu of the bond required by Subsection (b), a county | 
      
        |  | may elect to obtain insurance or to self-insure in the amount | 
      
        |  | required by Subsection (b) against losses caused by the statutory | 
      
        |  | probate court judge's gross negligence in performing the duties of | 
      
        |  | office. | 
      
        |  | (e)  This section does not apply to an assigned or visiting | 
      
        |  | judge sitting by assignment in a statutory probate court. | 
      
        |  | SECTION 4.10.  (a)  Subchapter B, Chapter 25, Government | 
      
        |  | Code, is amended by adding Sections 25.0033, 25.0034, and 25.0035 | 
      
        |  | to read as follows: | 
      
        |  | Sec. 25.0033.  QUALIFICATIONS OF JUDGE.  The judge of a | 
      
        |  | statutory probate court must: | 
      
        |  | (1)  be at least 25 years of age; | 
      
        |  | (2)  be a United States citizen and have resided in the | 
      
        |  | county for at least two years before election or appointment; and | 
      
        |  | (3)  be a licensed attorney in this state who has | 
      
        |  | practiced law or served as a judge of a court in this state, or both | 
      
        |  | combined, for the five years preceding election or appointment, | 
      
        |  | unless otherwise provided for by law. | 
      
        |  | Sec. 25.0034.  PRIVATE PRACTICE OF LAW.  The regular judge of | 
      
        |  | a statutory probate court shall diligently discharge the duties of | 
      
        |  | the office on a full-time basis and may not engage in the private | 
      
        |  | practice of law. | 
      
        |  | Sec. 25.0035.  TERMS OF COURT.  The commissioners court, by | 
      
        |  | order, shall set at least two terms a year for the statutory probate | 
      
        |  | court. | 
      
        |  | (b)  Section 25.0033, Government Code, as added by this Act, | 
      
        |  | does not apply to a person serving as a statutory probate court | 
      
        |  | judge immediately before the effective date of this Act.  The | 
      
        |  | qualifications of a person serving as a statutory probate court | 
      
        |  | judge on the effective date of this Act are governed by the law in | 
      
        |  | effect immediately before the effective date of this Act, and the | 
      
        |  | former law is continued in effect for that purpose. | 
      
        |  | SECTION 4.11.  Subsections (g) and (i), Section 25.0042, | 
      
        |  | Government Code, are amended to read as follows: | 
      
        |  | (g)  The district clerk serves as clerk of a county court at | 
      
        |  | law in all cases arising under the Family Code and Section 23.001 | 
      
        |  | and shall establish a separate docket for a county court at law; the | 
      
        |  | county clerk serves as clerk of the court in all other cases.  [ The  | 
      
        |  | commissioners court may employ as many deputy sheriffs and bailiffs  | 
      
        |  | as are necessary to serve the court.] | 
      
        |  | (i)  [ Practice in a county court at law is that prescribed by  | 
      
        |  | law for county courts, except that practice and procedure, rules of  | 
      
        |  | evidence, issuance of process and writs, and all other matters  | 
      
        |  | pertaining to the conduct of trials and hearings in a county court  | 
      
        |  | at law involving cases under the Family Code and Section 23.001 are  | 
      
        |  | governed by this section and the laws and rules pertaining to  | 
      
        |  | district courts and county courts.]  If a case under the Family Code | 
      
        |  | or Section 23.001 is tried before a jury, the jury shall be composed | 
      
        |  | of 12 members. | 
      
        |  | SECTION 4.12.  Subsection (h), Section 25.0102, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (h)  [ Practice in a county court at law is that prescribed by  | 
      
        |  | law for county courts, except that practice and procedure, rules of  | 
      
        |  | evidence, issuance of process and writs, and all other matters  | 
      
        |  | pertaining to the conduct of trials and hearings in the county court  | 
      
        |  | at law involving family law cases and proceedings shall be governed  | 
      
        |  | by this section and the laws and rules pertaining to district  | 
      
        |  | courts.]  If a family law case or proceeding is tried before a jury, | 
      
        |  | the jury shall be composed of 12 members; in all other cases the | 
      
        |  | jury shall be composed of six members. | 
      
        |  | SECTION 4.13.  Subsections (e) and (f), Section 25.0132, | 
      
        |  | Government Code, are amended to read as follows: | 
      
        |  | (e)  The district clerk serves as clerk of a county court at | 
      
        |  | law in family law cases and proceedings, and the county clerk serves | 
      
        |  | as clerk of the court in all other cases.  The district clerk shall | 
      
        |  | establish a separate docket for a county court at law.  [ The  | 
      
        |  | commissioners court may employ as many deputy sheriffs and bailiffs  | 
      
        |  | as are necessary to serve a county court at law.] | 
      
        |  | (f)  [ Practice in a county court at law is that prescribed by  | 
      
        |  | law for county courts, except that practice and procedure, rules of  | 
      
        |  | evidence, issuance of process and writs, and all other matters  | 
      
        |  | pertaining to the conduct of trials and hearings in a county court  | 
      
        |  | at law involving family law cases and proceedings is that  | 
      
        |  | prescribed by law for district courts and county courts.]  If a | 
      
        |  | family law case or proceeding is tried before a jury, the jury shall | 
      
        |  | be composed of 12 members. | 
      
        |  | SECTION 4.14.  Subsection (a), Section 25.0202, 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 Bosque County has | 
      
        |  | concurrent jurisdiction with the district court in: | 
      
        |  | (1)  family law cases and proceedings; | 
      
        |  | (2)  civil cases in which the matter in controversy | 
      
        |  | exceeds $500 but does not exceed $200,000 [ $100,000], excluding | 
      
        |  | interest, court costs, and attorney's fees; and | 
      
        |  | (3)  contested probate matters under Section 4D [ 5(b)], | 
      
        |  | Texas Probate Code. | 
      
        |  | SECTION 4.15.  Subsection (b), Section 25.0212, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (b)  A county court at law does not have [ general supervisory  | 
      
        |  | control or appellate review of the commissioners court or] | 
      
        |  | jurisdiction of: | 
      
        |  | (1)  felony criminal matters; | 
      
        |  | (2)  suits on behalf of the state to recover penalties | 
      
        |  | or escheated property; | 
      
        |  | (3)  misdemeanors involving official misconduct; | 
      
        |  | (4)  contested elections; or | 
      
        |  | (5)  civil cases in which the matter in controversy | 
      
        |  | exceeds $200,000 [ $100,000], excluding interest, statutory or | 
      
        |  | punitive damages and penalties, and attorney's fees and costs, as | 
      
        |  | alleged on the face of the petition. | 
      
        |  | SECTION 4.16.  Subsections (a) and (k), Section 25.0222, | 
      
        |  | Government Code, are amended to read as follows: | 
      
        |  | (a)  In addition to the jurisdiction provided by Section | 
      
        |  | 25.0003 and other law, a statutory county court in Brazoria County | 
      
        |  | has concurrent jurisdiction with the district court in: | 
      
        |  | (1)  civil cases in which the matter in controversy | 
      
        |  | exceeds $500 but does not exceed $200,000 [ $100,000], excluding | 
      
        |  | interest, statutory damages and penalties, and attorney's fees and | 
      
        |  | costs, as alleged on the face of the petition; | 
      
        |  | (2)  appeals of final rulings and decisions of the | 
      
        |  | division of workers' compensation of the Texas Department of | 
      
        |  | Insurance regarding workers' compensation claims, regardless of | 
      
        |  | the amount in controversy; and | 
      
        |  | (3)  family law cases and proceedings and juvenile | 
      
        |  | jurisdiction under Section 23.001. | 
      
        |  | (k)  The district clerk serves as clerk of the statutory | 
      
        |  | county courts in cases instituted in the district courts in which | 
      
        |  | the district courts and statutory county courts have concurrent | 
      
        |  | jurisdiction, and the county clerk serves as clerk for all other | 
      
        |  | cases.  [ The commissioners court may employ as many additional  | 
      
        |  | assistant criminal district attorneys, deputy sheriffs, and deputy  | 
      
        |  | clerks as are necessary to serve the statutory county courts.] | 
      
        |  | SECTION 4.17.  Subsections (e) and (f), Section 25.0302, | 
      
        |  | Government Code, are amended to read as follows: | 
      
        |  | (e)  The district clerk serves as clerk of a county court at | 
      
        |  | law in family law cases and proceedings, and the county clerk serves | 
      
        |  | as clerk of the court in all other cases and proceedings.  The | 
      
        |  | district clerk shall establish a separate docket for a county court | 
      
        |  | at law.  [ The commissioners court may employ the assistant district  | 
      
        |  | attorneys, deputy sheriffs, and bailiffs necessary to serve each  | 
      
        |  | county court at law.] | 
      
        |  | (f)  [ Practice in a county court at law is that prescribed by  | 
      
        |  | law for county courts, except that practice and procedure, rules of  | 
      
        |  | evidence, issuance of process and writs, and all other matters  | 
      
        |  | pertaining to the conduct of trials and hearings in a county court  | 
      
        |  | at law involving family law cases and proceedings shall be governed  | 
      
        |  | by this section and the laws and rules pertaining to district  | 
      
        |  | courts.]  If a family law case or proceeding is tried before a jury, | 
      
        |  | the jury shall be composed of 12 members. | 
      
        |  | SECTION 4.18.  Subsection (b), Section 25.0312, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (b)  A county court at law does not have [ general supervisory  | 
      
        |  | control or appellate review of the commissioners court or] | 
      
        |  | jurisdiction of: | 
      
        |  | (1)  felony cases other than writs of habeas corpus; | 
      
        |  | (2)  misdemeanors involving official misconduct; | 
      
        |  | (3)  contested elections; or | 
      
        |  | (4)  appeals from county court. | 
      
        |  | SECTION 4.19.  Subsection (b), Section 25.0362, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (b)  A county court at law does not have [ general supervisory  | 
      
        |  | control or appellate review of the commissioners court or] | 
      
        |  | jurisdiction of: | 
      
        |  | (1)  misdemeanors involving official misconduct; | 
      
        |  | (2)  suits on behalf of the state to recover penalties | 
      
        |  | or escheated property; | 
      
        |  | (3)  contested elections; | 
      
        |  | (4)  suits in which the county is a party; or | 
      
        |  | (5)  felony cases involving capital murder. | 
      
        |  | SECTION 4.20.  Subsection (f), Section 25.0482, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (f)  The district clerk serves as clerk of a county court at | 
      
        |  | law for family law cases and proceedings, and the county clerk | 
      
        |  | serves as clerk for all other cases and proceedings.  [ The district  | 
      
        |  | clerk shall establish a separate docket for a county court at law.   | 
      
        |  | The commissioners court may employ as many assistant county  | 
      
        |  | attorneys, deputy sheriffs, and bailiffs as are necessary to serve  | 
      
        |  | the county courts at law.] | 
      
        |  | SECTION 4.21.  Subsection (g), Section 25.0632, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (g)  [ Jurors regularly impaneled for the week by the district  | 
      
        |  | courts of Denton County must include sufficient numbers to serve in  | 
      
        |  | the statutory county courts and statutory probate courts as well as  | 
      
        |  | the district courts.  The jurors shall be made available by the  | 
      
        |  | district judge as necessary.]  The jury in a statutory county court | 
      
        |  | or statutory probate court in all civil or criminal matters is | 
      
        |  | composed of 12 members, except that in misdemeanor criminal cases | 
      
        |  | and any other case in which the court has jurisdiction that under | 
      
        |  | general law would be concurrent with the county court, the jury is | 
      
        |  | composed of six members. | 
      
        |  | SECTION 4.22.  Subsection (r), Section 25.0732, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (r)  Section [ Sections] 25.0006(b) does [and 25.0007 do] not | 
      
        |  | apply to County Court at Law No. 2, 3, 4, 5, 6, or 7 of El Paso | 
      
        |  | County, Texas. | 
      
        |  | SECTION 4.23.  Subsection (a), Section 25.0733, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (a)  Sections 25.0732(q) and [ 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. | 
      
        |  | SECTION 4.24.  Subsections (i) and (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.] | 
      
        |  | (l)  Each reporter may be made available when not engaged in | 
      
        |  | proceedings in their court to report proceedings in all other | 
      
        |  | courts.  [ Practice, appeals, and writs of error in a statutory  | 
      
        |  | county court are as prescribed by law for county courts and county  | 
      
        |  | courts at law.]  Appeals and writs of error may be taken from | 
      
        |  | judgments and orders of the County Courts Nos. 1, 2, and 3 of | 
      
        |  | Galveston County and the judges, in civil and criminal cases, in the | 
      
        |  | manner prescribed by law for appeals and writs of error.  Appeals | 
      
        |  | from interlocutory orders of the County Courts Nos. 1, 2, and 3 | 
      
        |  | appointing a receiver or overruling a motion to vacate or appoint a | 
      
        |  | receiver may be taken and are governed by the laws relating to | 
      
        |  | appeals from similar orders of district courts. | 
      
        |  | SECTION 4.25.  Subsection (f), Section 25.0962, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (f)  [ Practice in a county court at law is that prescribed by  | 
      
        |  | law for county courts, except that practice and procedure, rules of  | 
      
        |  | evidence, issuance of process and writs, and all other matters  | 
      
        |  | pertaining to the conduct of trials and hearings in a county court  | 
      
        |  | at law involving cases in the court's concurrent jurisdiction with  | 
      
        |  | the district court shall be governed by this section and the laws  | 
      
        |  | and rules pertaining to district courts as well as county courts.] | 
      
        |  | If a case in the court's concurrent jurisdiction with the district | 
      
        |  | court is tried before a jury, the jury shall be composed of 12 | 
      
        |  | members. | 
      
        |  | SECTION 4.26.  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 civil statutory county courts for Harris County | 
      
        |  | to hear appeals of the suspension of a driver's license 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 4.27.  Subsection (g), Section 25.1042, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (g)  The criminal district attorney is entitled to the same | 
      
        |  | fees prescribed by law for prosecutions in the county court.  [ The  | 
      
        |  | commissioners court may employ as many additional deputy sheriffs  | 
      
        |  | and clerks as are necessary to serve a county court at law.] | 
      
        |  | SECTION 4.28.  Subsections (e) and (f), Section 25.1072, | 
      
        |  | Government Code, are amended to read as follows: | 
      
        |  | (e)  The county clerk serves as clerk of a county court at | 
      
        |  | law, except that the district clerk serves as clerk of the court in | 
      
        |  | family law cases and proceedings.  The district clerk shall | 
      
        |  | establish a separate docket for a county court at law.  [ The  | 
      
        |  | commissioners court may employ as many assistant district  | 
      
        |  | attorneys, deputy sheriffs, and bailiffs as are necessary to serve  | 
      
        |  | the court.] | 
      
        |  | (f)  [ Practice in a county court at law is that prescribed by  | 
      
        |  | law for county courts, except that practice and procedure, rules of  | 
      
        |  | evidence, issuance of process and writs, and other matters  | 
      
        |  | pertaining to the conduct of trials and hearings in a county court  | 
      
        |  | at law involving family law cases and proceedings are governed by  | 
      
        |  | this section and the laws and rules pertaining to district courts,  | 
      
        |  | as well as county courts.]  If a family law case or proceeding is | 
      
        |  | tried before a jury, the jury shall be composed of 12 members. | 
      
        |  | SECTION 4.29.  Subsection (b), Section 25.1142, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (b)  A county court at law does not have [ general supervisory  | 
      
        |  | control or appellate review of the commissioners court or] | 
      
        |  | jurisdiction of: | 
      
        |  | (1)  civil cases in which the amount in controversy | 
      
        |  | exceeds $200,000 [ $100,000], excluding interest; | 
      
        |  | (2)  felony jury trials; | 
      
        |  | (3)  suits on behalf of the state to recover penalties | 
      
        |  | or escheated property; | 
      
        |  | (4)  misdemeanors involving official misconduct; or | 
      
        |  | (5)  contested elections. | 
      
        |  | SECTION 4.30.  Subsection (b), Section 25.1182, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (b)  A county court at law's civil jurisdiction concurrent | 
      
        |  | with the district court in civil cases is limited to cases in which | 
      
        |  | the matter in controversy does not exceed $200,000.  A county court | 
      
        |  | at law does not have [ general supervisory control or appellate  | 
      
        |  | review of the commissioners court or] jurisdiction of: | 
      
        |  | (1)  suits on behalf of this state to recover penalties | 
      
        |  | or escheated property; | 
      
        |  | (2)  felony cases involving capital murder; | 
      
        |  | (3)  misdemeanors involving official misconduct; or | 
      
        |  | (4)  contested elections. | 
      
        |  | SECTION 4.31.  Subsection (b), Section 25.1312, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (b)  A statutory county court in Kaufman County does not have | 
      
        |  | [ general supervisory control or appellate review of the  | 
      
        |  | commissioners court or] jurisdiction of: | 
      
        |  | (1)  felony cases involving capital murder; | 
      
        |  | (2)  suits on behalf of the state to recover penalties | 
      
        |  | or escheated property; | 
      
        |  | (3)  misdemeanors involving official misconduct; or | 
      
        |  | (4)  contested elections. | 
      
        |  | SECTION 4.32.  Subsection (m), Section 25.1542, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (m)  [ Practice and procedure and rules of evidence governing  | 
      
        |  | trials in and appeals from a county court apply to a county court at  | 
      
        |  | law, except that practice and procedure, rules of evidence,  | 
      
        |  | issuance of process and writs, and all other matters pertaining to  | 
      
        |  | the conduct of trials and hearings involving family law cases and  | 
      
        |  | proceedings shall be governed by this section and the laws and rules  | 
      
        |  | pertaining to district courts as well as county courts.]  In family | 
      
        |  | law cases, juries shall be composed of 12 members. | 
      
        |  | SECTION 4.33.  Subsection (g), Section 25.1652, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (g)  [ Practice in a county court at law is that prescribed by  | 
      
        |  | law for county courts, except that practice and procedure, rules of  | 
      
        |  | evidence, issuance of process and writs, and all other matters  | 
      
        |  | pertaining to the conduct of trials and hearings involving family  | 
      
        |  | law matters and proceedings shall be governed by this section and  | 
      
        |  | the laws and rules pertaining to district courts.]  If a family law | 
      
        |  | case is tried before a jury, the jury shall be composed of 12 | 
      
        |  | members. | 
      
        |  | SECTION 4.34.  Subsection (i), Section 25.1762, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (i)  [ The laws governing the drawing, selection, service,  | 
      
        |  | and pay of jurors for county courts apply to a county court at law.   | 
      
        |  | Jurors regularly impaneled for a week by a district court may, at  | 
      
        |  | the request of the judge of a county court at law, be made available  | 
      
        |  | by the district judge in the numbers requested and shall serve for  | 
      
        |  | the week in the county court at law.]  In matters of concurrent | 
      
        |  | jurisdiction with the district court, if a party to a suit files a | 
      
        |  | written request for a 12-member jury with the clerk of the county | 
      
        |  | court at law at a reasonable time that is not later than 30 days | 
      
        |  | before the date the suit is set for trial, the jury shall be | 
      
        |  | composed of 12 members. | 
      
        |  | SECTION 4.35.  Subsection (b), Section 25.1772, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (b)  A county court at law does not have [ general supervisory  | 
      
        |  | control or appellate review of the commissioners court or] | 
      
        |  | jurisdiction of: | 
      
        |  | (1)  suits on behalf of this state to recover penalties | 
      
        |  | or escheated property; | 
      
        |  | (2)  felony cases involving capital murder; | 
      
        |  | (3)  misdemeanors involving official misconduct; or | 
      
        |  | (4)  contested elections. | 
      
        |  | SECTION 4.36.  Subsection (e), Section 25.1892, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (e)  [ The county attorney or district attorney serves a  | 
      
        |  | county court at law as required by the judge.]  The district clerk | 
      
        |  | serves as clerk of a county court at law in cases enumerated in | 
      
        |  | Subsection (a)(2), and the county clerk serves as clerk in all other | 
      
        |  | cases.  The district clerk shall establish a separate docket for a | 
      
        |  | county court at law.  [ The commissioners court may employ as many  | 
      
        |  | additional assistant county attorneys, deputy sheriffs, and clerks  | 
      
        |  | as are necessary to serve a county court at law.] | 
      
        |  | SECTION 4.37.  Subsection (i), Section 25.1932, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (i)  [ Practice in a county court at law is that prescribed by  | 
      
        |  | law for county courts, except that practice and procedure, rules of  | 
      
        |  | evidence, issuance of process and writs, and all other matters  | 
      
        |  | pertaining to the conduct of trials and hearings in a county court  | 
      
        |  | at law involving cases in the court's concurrent jurisdiction with  | 
      
        |  | the district court shall be governed by this section and the laws  | 
      
        |  | and rules pertaining to district courts as well as county courts.] | 
      
        |  | If a case in the court's concurrent jurisdiction with the district | 
      
        |  | court is tried before a jury, the jury shall be composed of 12 | 
      
        |  | members. | 
      
        |  | SECTION 4.38.  Subsection (b), Section 25.2012, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (b)  A county court at law does not have [ general supervisory  | 
      
        |  | control or appellate review of the commissioners court or] | 
      
        |  | jurisdiction of: | 
      
        |  | (1)  felony cases involving capital murder; | 
      
        |  | (2)  suits on behalf of the state to recover penalties | 
      
        |  | or escheated property; | 
      
        |  | (3)  misdemeanors involving official misconduct; or | 
      
        |  | (4)  contested elections. | 
      
        |  | SECTION 4.39.  Subsection (n), Section 25.2142, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (n)  [ A special judge of a county court at law is entitled to  | 
      
        |  | receive for services actually performed the same amount of  | 
      
        |  | compensation as the regular judge.]  A former judge sitting as a | 
      
        |  | visiting judge of a county court at law is entitled to receive for | 
      
        |  | services performed the same amount of compensation that the regular | 
      
        |  | judge receives, less an amount equal to the pro rata annuity | 
      
        |  | received from any state, district, or county retirement fund.  An | 
      
        |  | active judge sitting as a visiting judge of a county court at law is | 
      
        |  | entitled to receive for services performed the same amount of | 
      
        |  | compensation that the regular judge receives, less an amount equal | 
      
        |  | to the pro rata compensation received from state or county funds as | 
      
        |  | salary, including supplements. | 
      
        |  | SECTION 4.40.  (a)  Subsection (b), Section 25.2222, | 
      
        |  | Government Code, as amended by Chapter 22 (S.B. 124), Acts of the | 
      
        |  | 72nd Legislature, Regular Session, 1991, and Chapter 265 (H.B. 7), | 
      
        |  | Acts of the 79th Legislature, Regular Session, 2005, is reenacted | 
      
        |  | and amended to read as follows: | 
      
        |  | (b)  A county court at law has concurrent jurisdiction with | 
      
        |  | the district court in: | 
      
        |  | (1)  civil cases in which the matter in controversy | 
      
        |  | exceeds $500 and does not exceed $200,000 [ $100,000], excluding | 
      
        |  | mandatory damages and penalties, attorney's fees, interest, and | 
      
        |  | costs; | 
      
        |  | (2)  nonjury family law cases and proceedings; | 
      
        |  | (3)  final rulings and decisions of the division of | 
      
        |  | workers' compensation of the Texas Department of Insurance | 
      
        |  | regarding workers' compensation claims, regardless of the amount in | 
      
        |  | controversy; | 
      
        |  | (4)  eminent domain proceedings, both statutory and | 
      
        |  | inverse, regardless of the amount in controversy; | 
      
        |  | (5)  suits to decide the issue of title to real or | 
      
        |  | personal property; | 
      
        |  | (6)  suits to recover damages for slander or defamation | 
      
        |  | of character; | 
      
        |  | (7)  suits for the enforcement of a lien on real | 
      
        |  | property; | 
      
        |  | (8)  suits for the forfeiture of a corporate charter; | 
      
        |  | (9)  suits for the trial of the right to property valued | 
      
        |  | at $200 or more that has been levied on under a writ of execution, | 
      
        |  | sequestration, or attachment; and | 
      
        |  | (10)  suits for the recovery of real property. | 
      
        |  | (b)  Subsection (b), Section 25.2222, Government Code, as | 
      
        |  | amended by Chapter 746 (H.B. 66), Acts of the 72nd Legislature, | 
      
        |  | Regular Session, 1991, is repealed as duplicative of Subsection | 
      
        |  | (b), Section 25.2222, Government Code, as amended by Subsection (a) | 
      
        |  | of this section. | 
      
        |  | SECTION 4.41.  Subsection (a), Section 25.2232, 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 Taylor County has: | 
      
        |  | (1)  concurrent jurisdiction with the county court in | 
      
        |  | the trial of cases involving insanity and approval of applications | 
      
        |  | for admission to state hospitals and special schools if admission | 
      
        |  | is by application; and | 
      
        |  | (2)  concurrent jurisdiction with the district court in | 
      
        |  | civil cases in which the matter in controversy exceeds $500 but does | 
      
        |  | not exceed $200,000 [ $100,000], excluding interest. | 
      
        |  | SECTION 4.42.  Subsection (i), Section 25.2352, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (i)  [ Practice in a county court at law is that prescribed by  | 
      
        |  | law for county courts, except that practice and procedure, rules of  | 
      
        |  | evidence, issuance of process and writs, and all other matters  | 
      
        |  | pertaining to the conduct of trials and hearings involving family  | 
      
        |  | law cases and proceedings shall be governed by this section and the  | 
      
        |  | laws and rules pertaining to district courts.]  If a family law case | 
      
        |  | is tried before a jury, the jury shall be composed of 12 members. | 
      
        |  | SECTION 4.43.  Subsection (i), Section 25.2382, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (i)  [ Practice in a county court at law is that prescribed by  | 
      
        |  | law for county courts, except that practice and procedure, rules of  | 
      
        |  | evidence, issuance of process and writs, and all other matters  | 
      
        |  | pertaining to the conduct of trials and hearings in a county court  | 
      
        |  | at law involving matters enumerated in Subsection (a)(2)(B) or (C)  | 
      
        |  | shall be governed by this section and the laws and rules pertaining  | 
      
        |  | to district courts.]  If a family law case [in Subsection (a)(2)(B)  | 
      
        |  | or (C)] is tried before a jury, the jury shall be composed of 12 | 
      
        |  | members. | 
      
        |  | SECTION 4.44.  (a)  Subsection (a), Section 25.2421, | 
      
        |  | Government Code, is amended to read as follows: | 
      
        |  | (a)  Webb County has the following statutory county courts: | 
      
        |  | (1)  the County Court at Law No. 1 of Webb County; [ and] | 
      
        |  | (2)  the County Court at Law No. 2 of Webb County; and | 
      
        |  | (3)  the County Court at Law No. 3 of Webb County. | 
      
        |  | (b)  Notwithstanding Subsection (a), Section 25.2421, | 
      
        |  | Government Code, as amended by this Act, the County Court at Law No. | 
      
        |  | 3 of Webb County is created January 1, 2031, or on an earlier date | 
      
        |  | determined by the Commissioners Court of Webb County by an order | 
      
        |  | entered in its minutes. | 
      
        |  | SECTION 4.45.  Subsections (g) and (h), Section 25.2422, | 
      
        |  | Government Code, are amended to read as follows: | 
      
        |  | (g)  The district attorney of the 49th Judicial District | 
      
        |  | serves as district attorney of a county court at law, except that | 
      
        |  | the county attorney of Webb County prosecutes all juvenile, child | 
      
        |  | welfare, mental health, and other civil cases in which the state is | 
      
        |  | a party.  The district clerk serves as clerk of a county court at law | 
      
        |  | in the cases enumerated in Subsection (a)(2), and the county clerk | 
      
        |  | serves as clerk of a county court at law in all other cases.  [ The  | 
      
        |  | commissioners court may employ as many deputy sheriffs and bailiffs  | 
      
        |  | as are necessary to serve the court.] | 
      
        |  | (h)  [ Practice and procedure, rules of evidence, issuance of  | 
      
        |  | process and writs, and all other matters pertaining to the conduct  | 
      
        |  | of trials and hearings in a county court at law involving those  | 
      
        |  | matters of concurrent jurisdiction enumerated in Subsection  | 
      
        |  | (a)(2)(B) or (C) are governed by this section and the laws and rules  | 
      
        |  | pertaining to district courts, as well as county courts.]  If a | 
      
        |  | family law case [ enumerated in Subsection (a)(2)(B) or (C)] is | 
      
        |  | tried before a jury, the jury shall be composed of 12 members. | 
      
        |  | SECTION 4.46.  Subsections (d) and (k), Section 25.2452, | 
      
        |  | Government Code, are amended to read as follows: | 
      
        |  | (d)  A county court at law does not have jurisdiction of: | 
      
        |  | (1)  a case under: | 
      
        |  | (A)  the Alcoholic Beverage Code; | 
      
        |  | (B)  the Election Code; or | 
      
        |  | (C)  the Tax Code; | 
      
        |  | (2)  a matter over which the district court has | 
      
        |  | exclusive jurisdiction; or | 
      
        |  | (3)  a civil case, other than a case under the Family | 
      
        |  | Code or the Texas Probate Code, in which the amount in controversy | 
      
        |  | is: | 
      
        |  | (A)  less than the maximum amount in controversy | 
      
        |  | allowed the justice court in Wichita County; or | 
      
        |  | (B)  more than $200,000 [ $100,000], exclusive of | 
      
        |  | punitive or exemplary damages, penalties, interest, costs, and | 
      
        |  | attorney's fees. | 
      
        |  | (k)  Except as otherwise required by law, if a case is tried | 
      
        |  | before a jury, the jury shall be composed of six members and may | 
      
        |  | render verdicts by a five to one margin in civil cases and a | 
      
        |  | unanimous verdict in criminal cases.  [ The laws governing the  | 
      
        |  | drawing, selection, service, and pay of jurors for county courts  | 
      
        |  | apply to the county courts at law.  Jurors regularly impaneled for a  | 
      
        |  | week by a district court may, on request of the county judge  | 
      
        |  | exercising the jurisdiction provided by this section or a county  | 
      
        |  | court at law judge, be made available and shall serve for the week  | 
      
        |  | in the county court or county court at law.] | 
      
        |  | SECTION 4.47.  Subsection (h), Section 25.2462, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (h)  [ The county attorney and the county sheriff shall attend  | 
      
        |  | a county court at law as required by the judge.]  The district clerk | 
      
        |  | serves as clerk of a county court at law in family law cases and | 
      
        |  | proceedings, and the county clerk serves as clerk of the court in | 
      
        |  | all other cases and proceedings. | 
      
        |  | SECTION 4.48.  Subsection (i), Section 25.2482, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (i)  [ The county attorney and the county sheriff shall attend  | 
      
        |  | a county court at law as required by the judge.]  The district clerk | 
      
        |  | serves as clerk of a county court at law in family law cases and | 
      
        |  | proceedings, and the county clerk serves as clerk of the court in | 
      
        |  | all other cases and proceedings. | 
      
        |  | SECTION 4.49.  Subsection (e), Section 25.2512, Government | 
      
        |  | Code, as effective September 1, 2011, is amended to read as follows: | 
      
        |  | (e)  In addition to the qualifications required by Section | 
      
        |  | 25.0014, a regular judge of a county court at law must have the | 
      
        |  | qualifications of a district judge as required by Section 7, | 
      
        |  | Article V, Texas Constitution.  [ A special judge of a county court  | 
      
        |  | at law with the same qualifications as the regular judge may be  | 
      
        |  | appointed in the manner provided by law for the appointment of a  | 
      
        |  | special county judge.  A special judge is entitled to the same rate  | 
      
        |  | of compensation as the regular judge.] | 
      
        |  | SECTION 4.50.  (a)  The following provisions of the | 
      
        |  | Government Code are repealed: | 
      
        |  | (1)  Subsections (b), (d), (f), and (j), Section | 
      
        |  | 25.0042; | 
      
        |  | (2)  Subsections (b), (f), (g), and (h), Section | 
      
        |  | 25.0052; | 
      
        |  | (3)  Subsections (b), (d), (f), and (i), Section | 
      
        |  | 25.0102; | 
      
        |  | (4)  Subsections (d), (g), and (h), Section 25.0132; | 
      
        |  | (5)  Subsections (c) and (e), Section 25.0152; | 
      
        |  | (6)  Subsections (b), (f), (g), (h), and (i), Section | 
      
        |  | 25.0162; | 
      
        |  | (7)  Subsections (d), (k), (l), (m), (n), (o), (q), | 
      
        |  | (s), and (t), Section 25.0172; | 
      
        |  | (8)  Subsections (c), (d), (h), (i), and (k), Section | 
      
        |  | 25.0173; | 
      
        |  | (9)  Subsections (c), (d), and (g), Section 25.0202; | 
      
        |  | (10)  Subsections (c), (e), and (g), Section 25.0212; | 
      
        |  | (11)  Subsections (d), (e), (i), (j), and (n), Section | 
      
        |  | 25.0222; | 
      
        |  | (12)  Subsections (b), (d), (f), (h), and (i), Section | 
      
        |  | 25.0232; | 
      
        |  | (13)  Subsections (b), (c), and (e), Section 25.0272; | 
      
        |  | (14)  Subsections (b), (c), (g), (h), and (i), Section | 
      
        |  | 25.0292; | 
      
        |  | (15)  Subsections (b), (d), and (g), Section 25.0302; | 
      
        |  | (16)  Subsections (c), (e), and (j), Section 25.0312; | 
      
        |  | (17)  Subsections (e), (g), (i), (k), (l), and (m), | 
      
        |  | Section 25.0332; | 
      
        |  | (18)  Subsection (c), Section 25.0362; | 
      
        |  | (19)  Subsections (b), (d), (f), (i), (j), and (k), | 
      
        |  | Section 25.0392; | 
      
        |  | (20)  Subsections (b), (c), and (d), Section 25.0452; | 
      
        |  | (21)  Subsections (a), (c), (d), and (e), Section | 
      
        |  | 25.0453; | 
      
        |  | (22)  Subsections (b), (d), (e), (g), and (h), Section | 
      
        |  | 25.0482; | 
      
        |  | (23)  Subsections (a), (b), (d), (g), and (h), Section | 
      
        |  | 25.0512; | 
      
        |  | (24)  Subsections (b), (d), (f), and (g), Section | 
      
        |  | 25.0522; | 
      
        |  | (25)  Subsections (b), (h), (i), (j), and (k), Section | 
      
        |  | 25.0592; | 
      
        |  | (26)  Subsections (d), (f), (g), (h), (i), and (j), | 
      
        |  | Section 25.0593; | 
      
        |  | (27)  Subsections (d), (e), (g), (h), (i), (j), and | 
      
        |  | (k), Section 25.0594; | 
      
        |  | (28)  Subsections (c), (d), (f), and (g), Section | 
      
        |  | 25.0595; | 
      
        |  | (29)  Section 25.0596; | 
      
        |  | (30)  Subsections (a), (b), and (d), Section 25.0632; | 
      
        |  | (31)  Subsections (b), (g), (h), (j), (k), and (l), | 
      
        |  | Section 25.0702; | 
      
        |  | (32)  Subsections (b), (d), (f), (j), and (k), Section | 
      
        |  | 25.0722; | 
      
        |  | (33)  Subsections (d), (g), (h), (i), (j), (m), (n), | 
      
        |  | (o), (p), (s), and (v), Section 25.0732; | 
      
        |  | (34)  Subsections (c), (d), and (f), Section 25.0733; | 
      
        |  | (35)  Subsection (b), Section 25.0742; | 
      
        |  | (36)  Subsections (d), (f), (h), (j), and (l), Section | 
      
        |  | 25.0812; | 
      
        |  | (37)  Subsections (f) and (j), Section 25.0862; | 
      
        |  | (38)  Subsections (e), (f), and (i), Section 25.0932; | 
      
        |  | (39)  Subsections (c), (f), (g), (j), and (k), Section | 
      
        |  | 25.0942; | 
      
        |  | (40)  Subsections (d), (e), and (g), Section 25.0962; | 
      
        |  | (41)  Subsections (d), (e), (g), (h), and (k), Section | 
      
        |  | 25.1032; | 
      
        |  | (42)  Subsections (d), (e), (f), (m), and (o), Section | 
      
        |  | 25.1033; | 
      
        |  | (43)  Subsections (c), (h), (k), and (l), Section | 
      
        |  | 25.1034; | 
      
        |  | (44)  Subsections (b), (d), (f), (h), and (i), Section | 
      
        |  | 25.1042; | 
      
        |  | (45)  Subsections (b), (d), (g), and (h), Section | 
      
        |  | 25.1072; | 
      
        |  | (46)  Subsections (e), (f), (l), and (o), Section | 
      
        |  | 25.1092; | 
      
        |  | (47)  Subsections (d), (e), (h), (i), (j), and (l), | 
      
        |  | Section 25.1102; | 
      
        |  | (48)  Section 25.1103; | 
      
        |  | (49)  Subsections (b), (c), (f), and (k), Section | 
      
        |  | 25.1112; | 
      
        |  | (50)  Subsections (f), (g), (h), (j), (l), (m), and | 
      
        |  | (p), Section 25.1132; | 
      
        |  | (51)  Subsections (c), (e), and (g), Section 25.1142; | 
      
        |  | (52)  Subsections (b), (e), (f), (h), and (i), Section | 
      
        |  | 25.1152; | 
      
        |  | (53)  Subsections (c), (e), and (h), Section 25.1182; | 
      
        |  | (54)  Subsections (c), (g), and (i), Section 25.1252; | 
      
        |  | (55)  Subsections (b), (d), (f), (h), and (i), Section | 
      
        |  | 25.1282; | 
      
        |  | (56)  Subsections (d), (e), (i), (k), (l), and (n), | 
      
        |  | Section 25.1312; | 
      
        |  | (57)  Subsections (d), (e), (f), (i), and (j), Section | 
      
        |  | 25.1322; | 
      
        |  | (58)  Subsections (d) and (h), Section 25.1352; | 
      
        |  | (59)  Subsections (e), (g), and (i), Section 25.1392; | 
      
        |  | (60)  Subsections (b), (c), (e), (h), (i), and (k), | 
      
        |  | Section 25.1412; | 
      
        |  | (61)  Subsections (d), (g), (h), (l), and (m), Section | 
      
        |  | 25.1482; | 
      
        |  | (62)  Subsections (f), (i), (k), and (n), Section | 
      
        |  | 25.1542; | 
      
        |  | (63)  Subsections (e), (f), and (g), Section 25.1572; | 
      
        |  | (64)  Subsections (d), (f), and (h), Section 25.1652; | 
      
        |  | (65)  Subsections (b) and (f), Section 25.1672; | 
      
        |  | (66)  Subsections (b), (c), and (g), Section 25.1722; | 
      
        |  | (67)  Subsections (d), (e), (f), (h), and (i), Section | 
      
        |  | 25.1732; | 
      
        |  | (68)  Subsections (b), (e), (f), and (h), Section | 
      
        |  | 25.1762; | 
      
        |  | (69)  Subsections (c), (e), and (h), Section 25.1772; | 
      
        |  | (70)  Subsections (e), (f), (h), (i), and (j), Section | 
      
        |  | 25.1792; | 
      
        |  | (71)  Subsections (c), (h), (i), (j), (k), (l), and | 
      
        |  | (q), Section 25.1802; | 
      
        |  | (72)  Subsections (b), (d), and (j), Section 25.1832; | 
      
        |  | (73)  Subsections (e), (f), and (i), Section 25.1852; | 
      
        |  | (74)  Subsections (c), (f), (h), (i), (j), (m), (n), | 
      
        |  | (p), (q), and (u), Section 25.1862; | 
      
        |  | (75)  Subsection (d), Section 25.1892; | 
      
        |  | (76)  Subsections (e), (g), (i), (j), and (k), Section | 
      
        |  | 25.1902; | 
      
        |  | (77)  Subsections (b), (c), (f), (h), and (j), Section | 
      
        |  | 25.1932; | 
      
        |  | (78)  Subsections (b), (d), (f), (h), and (j), Section | 
      
        |  | 25.1972; | 
      
        |  | (79)  Subsections (d), (e), (i), (k), (l), and (n), | 
      
        |  | Section 25.2012; | 
      
        |  | (80)  Subsections (c), (e), and (h), Section 25.2032; | 
      
        |  | (81)  Subsections (c), (e), (f), (h), and (i), Section | 
      
        |  | 25.2072; | 
      
        |  | (82)  Subsections (c), (e), (i), (r), (t), and (u), | 
      
        |  | Section 25.2142; | 
      
        |  | (83)  Subsections (d), (f), (h), (j), and (k), Section | 
      
        |  | 25.2162; | 
      
        |  | (84)  Subsections (c), (g), (h), (i), (k), and (n), | 
      
        |  | Section 25.2222; | 
      
        |  | (85)  Subsections (c), (e), (g), and (h), Section | 
      
        |  | 25.2223; | 
      
        |  | (86)  Subsections (b), (c), (f), (g), (i), and (j), | 
      
        |  | Section 25.2224; | 
      
        |  | (87)  Subsections (b), (e), (f), and (g), Section | 
      
        |  | 25.2232; | 
      
        |  | (88)  Subsections (b), (d), (f), (g), (i), and (j), | 
      
        |  | Section 25.2282; | 
      
        |  | (89)  Subsections (b), (e), (i), (k), and (l), Section | 
      
        |  | 25.2292; | 
      
        |  | (90)  Subsections (e), (f), (g), (k), and (l), Section | 
      
        |  | 25.2293; | 
      
        |  | (91)  Subsections (b), (d), (f), (g), and (j), Section | 
      
        |  | 25.2352; | 
      
        |  | (92)  Subsections (c), (e), and (h), Section 25.2362; | 
      
        |  | (93)  Subsections (c), (f), (g), (h), and (i), Section | 
      
        |  | 25.2372; | 
      
        |  | (94)  Subsections (b), (d), (f), and (j), Section | 
      
        |  | 25.2382; | 
      
        |  | (95)  Subsections (b), (d), (f), and (j), Section | 
      
        |  | 25.2392; | 
      
        |  | (96)  Subsections (b), (d), (f), (i), and (k), Section | 
      
        |  | 25.2412; | 
      
        |  | (97)  Subsections (b), (d), (f), (i), and (j), Section | 
      
        |  | 25.2422; | 
      
        |  | (98)  Subsections (f), (h), and (j), Section 25.2452; | 
      
        |  | (99)  Subsections (c), (d), (e), (g), (i), and (j), | 
      
        |  | Section 25.2462; | 
      
        |  | (100)  Subsections (d), (e), (f), (h), (j), and (k), | 
      
        |  | Section 25.2482; and | 
      
        |  | (101)  Subsections (b) and (i), Section 25.2512. | 
      
        |  | (b)  The repeal of Subsection (d), Section 25.1042, and | 
      
        |  | Subsection (d), Section 25.2162, Government Code, apply only to a | 
      
        |  | regular judge serving a term for which the judge is elected on or | 
      
        |  | after the effective date of this Act. A judge serving a term for | 
      
        |  | which the judge was elected before the effective date of this Act is | 
      
        |  | governed by the law in effect on the date the judge was elected, and | 
      
        |  | that law is continued in effect for that purpose. | 
      
        |  | ARTICLE 5.  PROVISIONS RELATING TO JUSTICE AND SMALL CLAIMS COURTS | 
      
        |  | SECTION 5.01.  (a)  Subsection (a), Section 27.005, | 
      
        |  | Government Code, is amended to read as follows: | 
      
        |  | (a)  For purposes of removal under Chapter 87, Local | 
      
        |  | Government Code, "incompetency" in the case of a justice of the | 
      
        |  | peace includes the failure of the justice to successfully complete: | 
      
        |  | (1)  within one year after the date the justice is first | 
      
        |  | elected, an 80-hour course in the performance of the justice's | 
      
        |  | duties; and | 
      
        |  | (2)  each following year, a 20-hour course in the | 
      
        |  | performance of the justice's duties, including not less than 10 | 
      
        |  | hours of instruction regarding substantive, procedural, and | 
      
        |  | evidentiary law in civil matters. | 
      
        |  | (b)  Subsection (a), Section 27.005, Government Code, as | 
      
        |  | amended by this section, applies to a justice of the peace serving | 
      
        |  | on or after the effective date of this article, regardless of the | 
      
        |  | date the justice was elected or appointed. | 
      
        |  | SECTION 5.02.  Subchapter C, Chapter 27, Government Code, is | 
      
        |  | amended by adding Section 27.060 to read as follows: | 
      
        |  | Sec. 27.060.  SMALL CLAIMS.  (a)  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. | 
      
        |  | (b)  Except as provided by Subsection (c), rules of the | 
      
        |  | supreme court must provide that: | 
      
        |  | (1)  if both parties appear, the judge shall proceed to | 
      
        |  | hear the case; | 
      
        |  | (2)  formal pleadings other than the statement are not | 
      
        |  | required; | 
      
        |  | (3)  the judge shall hear the testimony of the parties | 
      
        |  | and the witnesses that the parties produce and shall consider the | 
      
        |  | other evidence offered; | 
      
        |  | (4)  the hearing is informal, with the sole objective | 
      
        |  | being to dispense speedy justice between the parties; | 
      
        |  | (5)  discovery is limited to that considered | 
      
        |  | appropriate and permitted by the judge; and | 
      
        |  | (6)  the judge shall develop the facts of the case, and | 
      
        |  | for that purpose may question a witness or party and may summon any | 
      
        |  | party to appear as a witness as the judge considers necessary to a | 
      
        |  | correct judgment and speedy disposition of the case. | 
      
        |  | (c)  The rules of the supreme court must provide specific | 
      
        |  | procedures for an action by: | 
      
        |  | (1)  an assignee of a claim or other person seeking to | 
      
        |  | bring an action on an assigned claim; | 
      
        |  | (2)  a person primarily engaged in the business of | 
      
        |  | lending money at interest; or | 
      
        |  | (3)  a collection agency or collection agent. | 
      
        |  | (d)  The rules adopted by the supreme court may not: | 
      
        |  | (1)  require that a party in a case be represented by an | 
      
        |  | attorney; | 
      
        |  | (2)  be so complex that a reasonable person without | 
      
        |  | legal training would have difficulty understanding or applying the | 
      
        |  | rules; or | 
      
        |  | (3)  require that discovery rules adopted under the | 
      
        |  | Texas Rules of Civil Procedure or the Texas Rules of Evidence be | 
      
        |  | applied except to the extent the justice of the peace hearing the | 
      
        |  | case determines that the rules must be followed to ensure that the | 
      
        |  | proceeding is fair to all parties. | 
      
        |  | (e)  A committee established by the supreme court to | 
      
        |  | recommend rules to be adopted under this section must include | 
      
        |  | justices of the peace. | 
      
        |  | SECTION 5.03.  Subchapter C, Chapter 27, Government Code, is | 
      
        |  | amended by adding Section 27.061 to read as follows: | 
      
        |  | Sec. 27.061.  RULES OF ADMINISTRATION.  The justices of the | 
      
        |  | peace in each county shall, by majority vote, adopt local rules of | 
      
        |  | administration. | 
      
        |  | SECTION 5.04.  Subchapter E, Chapter 15, Civil Practice and | 
      
        |  | Remedies Code, is amended by adding Section 15.0821 to read as | 
      
        |  | follows: | 
      
        |  | Sec. 15.0821.  ADMINISTRATIVE RULES FOR TRANSFER.  The | 
      
        |  | justices of the peace in each county shall, by majority vote, adopt | 
      
        |  | local rules of administration regarding the transfer of a pending | 
      
        |  | case from one precinct to a different precinct. | 
      
        |  | SECTION 5.05.  Article 4.12, Code of Criminal Procedure, is | 
      
        |  | amended by adding Subsection (e) to read as follows: | 
      
        |  | (e)  The justices of the peace in each county shall, by | 
      
        |  | majority vote, adopt local rules of administration regarding the | 
      
        |  | transfer of a pending misdemeanor case from one precinct to a | 
      
        |  | different precinct. | 
      
        |  | SECTION 5.06.  (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 5.07.  Not later than May 1, 2013, the Texas Supreme | 
      
        |  | Court shall promulgate: | 
      
        |  | (1)  rules to define cases that constitute small claims | 
      
        |  | cases; | 
      
        |  | (2)  rules of civil procedure applicable to small | 
      
        |  | claims cases as required by Section 27.060, Government Code, as | 
      
        |  | added by this article; and | 
      
        |  | (3)  rules for eviction proceedings. | 
      
        |  | SECTION 5.08.  (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 5.09.  Sections 5.02 and 5.06 of this article take | 
      
        |  | effect May 1, 2013. | 
      
        |  | ARTICLE 6.  ASSOCIATE JUDGES | 
      
        |  | SECTION 6.01.  Subtitle D, Title 2, Government Code, is | 
      
        |  | amended by adding Chapter 54A to read as follows: | 
      
        |  | CHAPTER 54A.  ASSOCIATE JUDGES | 
      
        |  | SUBCHAPTER A.  CRIMINAL ASSOCIATE JUDGES | 
      
        |  | Sec. 54A.001.  APPLICABILITY.  This subchapter applies to a | 
      
        |  | district court or a statutory county court that hears criminal | 
      
        |  | cases. | 
      
        |  | Sec. 54A.002.  APPOINTMENT.  (a)  A judge of a court subject | 
      
        |  | to this subchapter may appoint a full-time or part-time 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. 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 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. | 
      
        |  | Sec. 54A.004.  COMPENSATION.  (a)  An associate judge shall | 
      
        |  | be paid a salary determined by the commissioners court of the county | 
      
        |  | in which the associate judge serves. | 
      
        |  | (b)  If an associate judge serves in more than one county, | 
      
        |  | the associate judge shall be paid a salary as determined by | 
      
        |  | agreement of the commissioners courts of the counties in which the | 
      
        |  | associate judge serves. | 
      
        |  | (c)  The associate judge's salary is paid from the county | 
      
        |  | fund available for payment of officers' salaries. | 
      
        |  | Sec. 54A.005.  TERMINATION.  (a)  An associate judge who | 
      
        |  | serves a single court serves at the will of the judge of that court. | 
      
        |  | (b)  The employment of an associate judge who serves more | 
      
        |  | than two courts may only be terminated by a majority vote of all the | 
      
        |  | judges of the courts the associate judge serves. | 
      
        |  | (c)  The employment of an associate judge who serves two | 
      
        |  | courts may be terminated by either of the judges of the courts the | 
      
        |  | associate judge serves. | 
      
        |  | (d)  To terminate an associate judge's employment, the | 
      
        |  | appropriate judges must sign a written order of termination.  The | 
      
        |  | order must state: | 
      
        |  | (1)  the associate judge's name and state bar | 
      
        |  | identification number; | 
      
        |  | (2)  each court ordering termination; and | 
      
        |  | (3)  the date the associate judge's employment ends. | 
      
        |  | Sec. 54A.006.  PROCEEDINGS THAT MAY BE REFERRED.  (a)  A | 
      
        |  | judge may refer to an associate judge any matter arising out of a | 
      
        |  | criminal case involving: | 
      
        |  | (1)  a negotiated plea of guilty or no contest before | 
      
        |  | the court; | 
      
        |  | (2)  a bond forfeiture; | 
      
        |  | (3)  a pretrial motion; | 
      
        |  | (4)  a writ of habeas corpus; | 
      
        |  | (5)  an examining trial; | 
      
        |  | (6)  an occupational driver's license; | 
      
        |  | (7)  an appeal of an administrative driver's license | 
      
        |  | revocation hearing; | 
      
        |  | (8)  a civil commitment matter under Subtitle C, Title | 
      
        |  | 7, Health and Safety Code; | 
      
        |  | (9)  setting, adjusting, or revoking bond; | 
      
        |  | (10)  the issuance of search warrants, including a | 
      
        |  | search warrant under Article 18.02(10), Code of Criminal Procedure, | 
      
        |  | notwithstanding Article 18.01(c), Code of Criminal Procedure; and | 
      
        |  | (11)  any other matter the judge considers necessary | 
      
        |  | and proper. | 
      
        |  | (b)  An associate judge may accept an agreed plea of guilty | 
      
        |  | or no contest from a defendant charged with misdemeanor, felony, or | 
      
        |  | both misdemeanor and felony offenses and may assess punishment if a | 
      
        |  | plea agreement is announced on the record between the defendant and | 
      
        |  | the state. | 
      
        |  | (c)  An associate judge has all of the powers of a magistrate | 
      
        |  | under the laws of this state and may administer an oath for any | 
      
        |  | purpose. | 
      
        |  | (d)  An associate judge may select a jury.  Except as | 
      
        |  | provided in Subsection (b), an associate judge may not preside over | 
      
        |  | a trial on the merits, whether or not the trial is before a jury. | 
      
        |  | Sec. 54A.007.  ORDER OF REFERRAL.  (a)  To refer one or more | 
      
        |  | cases to an associate judge, a judge must issue a written order of | 
      
        |  | referral that specifies the associate judge's duties. | 
      
        |  | (b)  An order of referral may: | 
      
        |  | (1)  limit the powers of the associate judge and direct | 
      
        |  | the associate judge to report only on specific issues, do | 
      
        |  | particular acts, or receive and report on evidence only; | 
      
        |  | (2)  set the time and place for the hearing; | 
      
        |  | (3)  prescribe a closing date for the hearing; | 
      
        |  | (4)  provide a date for filing the associate judge's | 
      
        |  | findings; | 
      
        |  | (5)  designate proceedings for more than one case over | 
      
        |  | which the associate judge shall preside; | 
      
        |  | (6)  direct the associate judge to call the court's | 
      
        |  | docket; and | 
      
        |  | (7)  set forth general powers and limitations or | 
      
        |  | authority of the associate judge applicable to any case referred. | 
      
        |  | Sec. 54A.008.  POWERS.  (a)  Except as limited by an order of | 
      
        |  | referral, an associate judge to whom a case is referred may: | 
      
        |  | (1)  conduct hearings; | 
      
        |  | (2)  hear evidence; | 
      
        |  | (3)  compel production of relevant evidence; | 
      
        |  | (4)  rule on the admissibility of evidence; | 
      
        |  | (5)  issue 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)  rule on pretrial motions; | 
      
        |  | (11)  recommend the rulings, orders, or judgment to be | 
      
        |  | made in a case; | 
      
        |  | (12)  regulate proceedings in a hearing; | 
      
        |  | (13)  order the attachment of a witness or party who | 
      
        |  | fails to obey a subpoena; | 
      
        |  | (14)  accept a plea of guilty from a defendant charged | 
      
        |  | with misdemeanor, felony, or both misdemeanor and felony offenses; | 
      
        |  | (15)  select a jury; | 
      
        |  | (16)  notwithstanding Article 18.01(c), Code of | 
      
        |  | Criminal Procedure, issue a search warrant, including a search | 
      
        |  | warrant under Article 18.02(10), Code of Criminal Procedure; and | 
      
        |  | (17)  take action as necessary and proper for the | 
      
        |  | efficient performance of the duties required by the order of | 
      
        |  | referral. | 
      
        |  | (b)  An associate judge may not enter a ruling on any issue of | 
      
        |  | law or fact if that ruling could result in dismissal or require | 
      
        |  | dismissal of a pending criminal prosecution, but the associate | 
      
        |  | judge may make findings, conclusions, and recommendations on those | 
      
        |  | issues. | 
      
        |  | (c)  Except as limited by an order of referral, an associate | 
      
        |  | judge who is appointed by a district or statutory county court judge | 
      
        |  | and to whom a case is referred may accept a plea of guilty or nolo | 
      
        |  | contendere in a misdemeanor case for a county criminal court.  The | 
      
        |  | associate judge shall forward any fee or fine collected for the | 
      
        |  | misdemeanor offense to the county clerk. | 
      
        |  | (d)  An associate judge may, in the interest of justice, | 
      
        |  | refer a case back to the referring court regardless of whether a | 
      
        |  | timely objection to the associate judge hearing the trial on the | 
      
        |  | merits or presiding at a jury trial has been made by any party. | 
      
        |  | Sec. 54A.009.  ATTENDANCE OF BAILIFF.  A bailiff shall | 
      
        |  | attend a hearing by an associate judge if directed by the referring | 
      
        |  | court. | 
      
        |  | Sec. 54A.010.  COURT REPORTER.  At the request of a party, | 
      
        |  | the court shall provide a court reporter to record the proceedings | 
      
        |  | before the associate judge. | 
      
        |  | Sec. 54A.011.  WITNESS.  (a)  A witness appearing before an | 
      
        |  | associate judge is subject to the penalties for perjury provided by | 
      
        |  | law. | 
      
        |  | (b)  A referring court may issue attachment against and may | 
      
        |  | fine or imprison a witness whose failure to appear after being | 
      
        |  | summoned or whose refusal to answer questions has been certified to | 
      
        |  | the court. | 
      
        |  | Sec. 54A.012.  PAPERS TRANSMITTED TO JUDGE.  At the | 
      
        |  | conclusion of the proceedings, an associate judge shall transmit to | 
      
        |  | the referring court any papers relating to the case, including the | 
      
        |  | associate judge's findings, conclusions, orders, recommendations, | 
      
        |  | or other action taken. | 
      
        |  | Sec. 54A.013.  JUDICIAL ACTION.  (a)  Not later than the | 
      
        |  | 30th day after the date an action is taken by an associate judge, a | 
      
        |  | referring court may modify, correct, reject, reverse, or recommit | 
      
        |  | for further information the action taken by the associate judge. | 
      
        |  | (b)  If the court does not modify, correct, reject, reverse, | 
      
        |  | or recommit an action to the associate judge, the action becomes the | 
      
        |  | decree of the court. | 
      
        |  | Sec. 54A.014.  JUDICIAL IMMUNITY.  An associate judge has | 
      
        |  | the same judicial immunity as a district judge. | 
      
        |  | [Sections 54A.015-54A.100 reserved for expansion] | 
      
        |  | SUBCHAPTER B.  CIVIL ASSOCIATE JUDGES | 
      
        |  | Sec. 54A.101.  APPLICABILITY.  This subchapter applies to a | 
      
        |  | district court or a statutory county court that is assigned civil | 
      
        |  | cases. | 
      
        |  | Sec. 54A.102.  APPOINTMENT.  (a)  A judge of a court subject | 
      
        |  | to this subchapter may appoint a full-time or part-time 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 district 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. 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 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. | 
      
        |  | Sec. 54A.104.  COMPENSATION.  (a)  An associate judge shall | 
      
        |  | be paid a salary determined by the commissioners court of the county | 
      
        |  | in which the associate judge serves. | 
      
        |  | (b)  If an associate judge serves in more than one county, | 
      
        |  | the associate judge shall be paid a salary as determined by | 
      
        |  | agreement of the commissioners courts of the counties in which the | 
      
        |  | associate judge serves. | 
      
        |  | (c)  The associate judge's salary is paid from the county | 
      
        |  | fund available for payment of officers' salaries. | 
      
        |  | Sec. 54A.105.  TERMINATION.  (a)  An associate judge who | 
      
        |  | serves a single court serves at the will of the judge of that court. | 
      
        |  | (b)  The employment of an associate judge who serves more | 
      
        |  | than two courts may only be terminated by a majority vote of all the | 
      
        |  | judges of the courts the associate judge serves. | 
      
        |  | (c)  The employment of an associate judge who serves two | 
      
        |  | courts may be terminated by either of the judges of the courts the | 
      
        |  | associate judge serves. | 
      
        |  | (d)  To terminate an associate judge's employment, the | 
      
        |  | appropriate judges must sign a written order of termination.  The | 
      
        |  | order must state: | 
      
        |  | (1)  the associate judge's name and state bar | 
      
        |  | identification number; | 
      
        |  | (2)  each court ordering termination; and | 
      
        |  | (3)  the date the associate judge's employment ends. | 
      
        |  | Sec. 54A.106.  CASES THAT MAY BE REFERRED.  (a)  Except as | 
      
        |  | provided by this section, a judge of a court may refer any civil | 
      
        |  | case or portion of a civil case to an associate judge for | 
      
        |  | resolution. | 
      
        |  | (b)  Unless a party files a written objection to the | 
      
        |  | associate judge hearing a trial on the merits, the judge may refer | 
      
        |  | the trial to the associate judge.  A trial on the merits is any final | 
      
        |  | adjudication from which an appeal may be taken to a court of | 
      
        |  | appeals. | 
      
        |  | (c)  A party must file an objection to an associate judge | 
      
        |  | hearing a trial on the merits or presiding at a jury trial not later | 
      
        |  | than the 10th day after the date the party receives notice that the | 
      
        |  | associate judge will hear the trial.  If an objection is filed, the | 
      
        |  | referring court shall hear the trial on the merits or preside at a | 
      
        |  | jury trial. | 
      
        |  | Sec. 54A.107.  METHODS OF REFERRAL.  (a)  A case may be | 
      
        |  | referred to an associate judge by an order of referral in a specific | 
      
        |  | case or by an omnibus order. | 
      
        |  | (b)  The order of referral may limit the powers or duties of | 
      
        |  | an associate judge. | 
      
        |  | Sec. 54A.108.  POWERS.  (a)  Except as limited by an order of | 
      
        |  | referral, an associate judge may: | 
      
        |  | (1)  conduct hearings; | 
      
        |  | (2)  hear evidence; | 
      
        |  | (3)  compel production of relevant evidence; | 
      
        |  | (4)  rule on the admissibility of evidence; | 
      
        |  | (5)  issue summons for the appearance of witnesses; | 
      
        |  | (6)  examine a witness; | 
      
        |  | (7)  swear a witness for a hearing; | 
      
        |  | (8)  make findings of fact on evidence; | 
      
        |  | (9)  formulate conclusions of law; | 
      
        |  | (10)  rule on pretrial motions; | 
      
        |  | (11)  recommend the rulings, orders, or judgment to be | 
      
        |  | made in a case; | 
      
        |  | (12)  regulate proceedings in a hearing; | 
      
        |  | (13)  order the attachment of a witness or party who | 
      
        |  | fails to obey a subpoena; and | 
      
        |  | (14)  take action as necessary and proper for the | 
      
        |  | efficient performance of the duties required by the order of | 
      
        |  | referral. | 
      
        |  | (b)  An associate judge may, in the interest of justice, | 
      
        |  | refer a case back to the referring court regardless of whether a | 
      
        |  | timely objection to the associate judge hearing the trial on the | 
      
        |  | merits or presiding at a jury trial has been made by any party. | 
      
        |  | Sec. 54A.109.  WITNESS.  (a)  A witness appearing before an | 
      
        |  | associate judge is subject to the penalties for perjury provided by | 
      
        |  | law. | 
      
        |  | (b)  A referring court may fine or imprison a witness who: | 
      
        |  | (1)  failed to appear before an associate judge after | 
      
        |  | being summoned; or | 
      
        |  | (2)  improperly refused to answer questions if the | 
      
        |  | refusal has been certified to the court by the associate judge. | 
      
        |  | Sec. 54A.110.  COURT REPORTER; RECORD.  (a)  A court | 
      
        |  | reporter may be provided during a hearing held by an associate judge | 
      
        |  | appointed under this subchapter.  A court reporter is required to be | 
      
        |  | provided when the associate judge presides over a jury trial. | 
      
        |  | (b)  A party, the associate judge, or the referring court may | 
      
        |  | provide for a reporter during the hearing if one is not otherwise | 
      
        |  | provided. | 
      
        |  | (c)  Except as provided by Subsection (a), in the absence of | 
      
        |  | a court reporter or on agreement of the parties, the record may be | 
      
        |  | preserved by any means approved by the associate judge. | 
      
        |  | (d)  The referring court or associate judge may assess the | 
      
        |  | expense of preserving the record under Subsection (c) as costs. | 
      
        |  | (e)  On appeal of the associate judge's report or proposed | 
      
        |  | order, the referring court may consider testimony or other evidence | 
      
        |  | in the record if the record is taken by a court reporter. | 
      
        |  | Sec. 54A.111.  NOTICE OF DECISION; APPEAL.  (a)  After | 
      
        |  | hearing a matter, an associate judge shall notify each attorney | 
      
        |  | participating in the hearing of the associate judge's decision.  An | 
      
        |  | associate judge's decision has the same force and effect as an order | 
      
        |  | of the referring court unless a party appeals the decision as | 
      
        |  | provided by Subsection (b). | 
      
        |  | (b)  To appeal an associate judge's decision, other than the | 
      
        |  | issuance of a temporary restraining order or temporary injunction, | 
      
        |  | a party must file an appeal in the referring court not later than | 
      
        |  | the seventh day after the date the party receives notice of the | 
      
        |  | decision under Subsection (a). | 
      
        |  | (c)  A temporary restraining order issued by an associate | 
      
        |  | judge is effective immediately and expires on the 15th day after the | 
      
        |  | date of issuance unless, after a hearing, the order is modified or | 
      
        |  | extended by the associate judge or referring judge. | 
      
        |  | (d)  A temporary injunction issued by an associate judge is | 
      
        |  | effective immediately and continues during the pendency of a trial | 
      
        |  | unless, after a hearing, the order is modified by a referring judge. | 
      
        |  | (e)  A matter appealed to the referring court shall be tried | 
      
        |  | de novo and is limited to only those matters specified in the | 
      
        |  | appeal.  Except on leave of court, a party may not submit on appeal | 
      
        |  | any additional evidence or pleadings. | 
      
        |  | Sec. 54A.112.  NOTICE OF RIGHT TO DE NOVO HEARING; WAIVER. | 
      
        |  | (a)  Notice of the right to a de novo hearing before the referring | 
      
        |  | court shall be given to all parties. | 
      
        |  | (b)  The notice may be given: | 
      
        |  | (1)  by oral statement in open court; | 
      
        |  | (2)  by posting inside or outside the courtroom of the | 
      
        |  | referring court; or | 
      
        |  | (3)  as otherwise directed by the referring court. | 
      
        |  | (c)  Before the start of a hearing by an associate judge, a | 
      
        |  | party may waive the right of a de novo hearing before the referring | 
      
        |  | court in writing or on the record. | 
      
        |  | Sec. 54A.113.  ORDER OF COURT.  (a)  Pending a de novo | 
      
        |  | hearing before the referring court, a proposed order or judgment of | 
      
        |  | the associate judge is in full force and effect and is enforceable | 
      
        |  | as an order or judgment of the referring court, except for an order | 
      
        |  | providing for the appointment of a receiver. | 
      
        |  | (b)  If a request for a de novo hearing before the referring | 
      
        |  | court is not timely filed or the right to a de novo hearing before | 
      
        |  | the referring court is waived, the proposed order or judgment of the | 
      
        |  | associate judge becomes the order or judgment of the referring | 
      
        |  | court only on the referring court's signing the proposed order or | 
      
        |  | judgment. | 
      
        |  | (c)  An order by an associate judge for the temporary | 
      
        |  | detention or incarceration of a witness or party shall be presented | 
      
        |  | to the referring court on the day the witness or party is detained | 
      
        |  | or incarcerated.  The referring court, without prejudice to the | 
      
        |  | right to a de novo hearing provided by Section 54A.115, may approve | 
      
        |  | the temporary detention or incarceration or may order the release | 
      
        |  | of the party or witness, with or without bond, pending a de novo | 
      
        |  | hearing.  If the referring court is not immediately available, the | 
      
        |  | associate judge may order the release of the party or witness, with | 
      
        |  | or without bond, pending a de novo hearing or may continue the | 
      
        |  | person's detention or incarceration for not more than 72 hours. | 
      
        |  | Sec. 54A.114.  JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED | 
      
        |  | ORDER OR JUDGMENT.  Unless a party files a written request for a de | 
      
        |  | novo hearing before the referring court, the referring court may: | 
      
        |  | (1)  adopt, modify, or reject the associate judge's | 
      
        |  | proposed order or judgment; | 
      
        |  | (2)  hear additional evidence; or | 
      
        |  | (3)  recommit the matter to the associate judge for | 
      
        |  | further proceedings. | 
      
        |  | Sec. 54A.115.  DE NOVO HEARING.  (a)  A party may request a | 
      
        |  | de novo hearing before the referring court by filing with the clerk | 
      
        |  | of the referring court a written request not later than the seventh | 
      
        |  | working day after the date the party receives notice of the | 
      
        |  | substance of the associate judge's decision as provided by Section | 
      
        |  | 54A.111. | 
      
        |  | (b)  A request for a de novo hearing under this section must | 
      
        |  | specify the issues that will be presented to the referring court. | 
      
        |  | The de novo hearing is limited to the specified issues. | 
      
        |  | (c)  Notice of a request for a de novo hearing before the | 
      
        |  | referring court shall be given to the opposing attorney in the | 
      
        |  | manner provided by Rule 21a, Texas Rules of Civil Procedure. | 
      
        |  | (d)  If a request for a de novo hearing before the referring | 
      
        |  | court is filed by a party, any other party may file a request for a | 
      
        |  | de novo hearing before the referring court not later than the | 
      
        |  | seventh working day after the date the initial request was filed. | 
      
        |  | (e)  The referring court, after notice to the parties, shall | 
      
        |  | hold a de novo hearing not later than the 30th day after the date the | 
      
        |  | initial request for a de novo hearing was filed with the clerk of | 
      
        |  | the referring court. | 
      
        |  | (f)  In the de novo hearing before the referring court, the | 
      
        |  | parties may present witnesses on the issues specified in the | 
      
        |  | request for hearing.  The referring court may also consider the | 
      
        |  | record from the hearing before the associate judge, including the | 
      
        |  | charge to and verdict returned by a jury, if the record was taken by | 
      
        |  | a court reporter. | 
      
        |  | (g)  The denial of relief to a party after a de novo hearing | 
      
        |  | under this section or a party's waiver of the right to a de novo | 
      
        |  | hearing before the referring court does not affect the right of a | 
      
        |  | party to file a motion for new trial, a motion for judgment | 
      
        |  | notwithstanding the verdict, or other posttrial motions. | 
      
        |  | (h)  A party may not demand a second jury in a de novo hearing | 
      
        |  | before the referring court if the associate judge's proposed order | 
      
        |  | or judgment resulted from a jury trial. | 
      
        |  | Sec. 54A.116.  APPELLATE REVIEW.  (a)  A party's failure to | 
      
        |  | request a de novo hearing before the referring court or a party's | 
      
        |  | waiver of the right to request a de novo hearing before the | 
      
        |  | referring court does not deprive the party of the right to appeal to | 
      
        |  | or request other relief from a court of appeals or the supreme | 
      
        |  | court. | 
      
        |  | (b)  Except as provided by Subsection (c), the date an order | 
      
        |  | or judgment by the referring court is signed is the controlling date | 
      
        |  | for the purposes of appeal to or request for other relief from a | 
      
        |  | court of appeals or the supreme court. | 
      
        |  | (c)  The date an agreed order or a default order is signed by | 
      
        |  | an associate judge is the controlling date for the purpose of an | 
      
        |  | appeal to, or a request for other relief relating to the order from, | 
      
        |  | a court of appeals or the supreme court. | 
      
        |  | Sec. 54A.117.  JUDICIAL ACTION.  (a)  Not later than the | 
      
        |  | 30th day after the date an action is taken by an associate judge, a | 
      
        |  | referring court may modify, correct, reject, reverse, or recommit | 
      
        |  | for further information the action taken by the associate judge. | 
      
        |  | (b)  If the court does not modify, correct, reject, reverse, | 
      
        |  | or recommit an action to the associate judge, the action becomes the | 
      
        |  | decree of the court. | 
      
        |  | Sec. 54A.118.  JUDICIAL IMMUNITY.  An associate judge | 
      
        |  | appointed under this subchapter has the judicial immunity of a | 
      
        |  | district judge. | 
      
        |  | SECTION 6.02.  Subchapter G, Chapter 54, Government Code, is | 
      
        |  | transferred to Chapter 54A, Government Code, as added by this Act, | 
      
        |  | redesignated as Subchapter C, Chapter 54A, Government Code, and | 
      
        |  | amended to read as follows: | 
      
        |  | SUBCHAPTER C [ G].  STATUTORY PROBATE COURT ASSOCIATE JUDGES | 
      
        |  | Sec. 54A.201 [ 54.601].  DEFINITION.  In this subchapter, | 
      
        |  | "statutory probate court" has the meaning assigned by Section 3, | 
      
        |  | Texas Probate Code. | 
      
        |  | Sec. 54A.202.  APPLICABILITY.  This subchapter applies to a | 
      
        |  | statutory probate court. | 
      
        |  | Sec. 54A.203 [ 54.603].  APPOINTMENT.  (a)  After obtaining | 
      
        |  | the approval of the commissioners court to create an associate | 
      
        |  | judge position, the judge of a statutory probate court by order may | 
      
        |  | appoint one or more full-time or part-time [ a person to act as] | 
      
        |  | associate judges to perform the duties authorized by this | 
      
        |  | subchapter [ judge for the statutory probate court]. | 
      
        |  | (b)  If a statutory probate 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)  The commissioners court may authorize the appointment | 
      
        |  | of an associate judge for each court or may authorize one or more | 
      
        |  | associate judges to share service with two or more courts, if more | 
      
        |  | than one statutory probate court exists in a county. | 
      
        |  | (d) [ (c)]  If an associate judge serves more than one court, | 
      
        |  | the associate judge's appointment must be made with the unanimous | 
      
        |  | approval of all the judges under whom the associate judge serves. | 
      
        |  | [ (d)  An associate judge must meet the qualifications to  | 
      
        |  | serve as a judge of the court to which the associate judge is  | 
      
        |  | appointed.] | 
      
        |  | (e)  An associate judge appointed under this subchapter may | 
      
        |  | serve as an associate judge appointed under Section 574.0085, | 
      
        |  | Health and Safety Code. | 
      
        |  | Sec. 54A.204.  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 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. | 
      
        |  | Sec. 54A.205 [ 54.605].  COMPENSATION.  (a)  An associate | 
      
        |  | judge is entitled to the compensation set by the appointing judge | 
      
        |  | and approved by the commissioners court or commissioners courts of | 
      
        |  | the counties in which the associate judge serves.  [ The salary of  | 
      
        |  | the associate judge may not exceed the salary of the appointing  | 
      
        |  | judge.] | 
      
        |  | (b)  If an associate judge serves in more than one county, | 
      
        |  | the associate judge shall be paid a salary as determined by | 
      
        |  | agreement of the commissioners courts of the counties in which the | 
      
        |  | associate judge serves. | 
      
        |  | (c)  Except as provided by Subsection (d) [ (c)], the | 
      
        |  | compensation of the associate judge shall be paid by the county from | 
      
        |  | the county general fund.  The compensation must be paid in the same | 
      
        |  | manner that the appointing judge's salary is paid. | 
      
        |  | (d) [ (c)]  On the recommendation of the statutory probate | 
      
        |  | court judges in the county and subject to the approval of the county | 
      
        |  | commissioners court, the county may pay all or part of the | 
      
        |  | compensation of the associate judge from the excess contributions | 
      
        |  | remitted to the county under Section 25.00212 and deposited in the | 
      
        |  | contributions fund created under Section 25.00213. | 
      
        |  | Sec. 54A.206 [ 54.604].  TERMINATION OF ASSOCIATE JUDGE. | 
      
        |  | (a)  An associate judge who serves a single court serves at the will | 
      
        |  | of the judge of that court. | 
      
        |  | (b)  The employment of an associate judge who serves more | 
      
        |  | than two courts may only be terminated by a majority vote of all the | 
      
        |  | judges of the courts that the associate judge serves. | 
      
        |  | (c)  The employment of an associate judge who serves two | 
      
        |  | courts may be terminated by either of the judges of the courts that | 
      
        |  | the associate judge serves. | 
      
        |  | (d)  The appointment of the associate judge terminates if: | 
      
        |  | (1)  the associate judge becomes a candidate for | 
      
        |  | election to public office; or | 
      
        |  | (2)  the commissioners court does not appropriate funds | 
      
        |  | in the county's budget to pay the salary of the associate judge. | 
      
        |  | (e)  If an associate judge serves a single court and the | 
      
        |  | appointing judge vacates the judge's office, the associate judge's | 
      
        |  | employment continues, subject to Subsections (d) and (h), unless | 
      
        |  | the successor appointed or elected judge terminates that | 
      
        |  | employment. | 
      
        |  | (f)  If an associate judge serves two courts and one of the | 
      
        |  | appointing judges vacates the judge's office, the associate judge's | 
      
        |  | employment continues, subject to Subsections (d) and (h), unless | 
      
        |  | the successor appointed or elected judge terminates that employment | 
      
        |  | or the judge of the other court served by the associate judge | 
      
        |  | terminates that employment as provided by Subsection (c). | 
      
        |  | (g)  If an associate judge serves more than two courts and an | 
      
        |  | appointing judge vacates the judge's office, the associate judge's | 
      
        |  | employment continues, subject to Subsections (d) and (h), unless: | 
      
        |  | (1)  if no successor judge has been elected or | 
      
        |  | appointed, the majority of the judges of the other courts the | 
      
        |  | associate judge serves vote to terminate that employment; or | 
      
        |  | (2)  if a successor judge has been elected or | 
      
        |  | appointed, the majority of the judges of the courts the associate | 
      
        |  | judge serves, including the successor judge, vote to terminate that | 
      
        |  | employment as provided by Subsection (b). | 
      
        |  | (h)  Notwithstanding the powers of an associate judge | 
      
        |  | provided by Section 54A.209 [ 54.610], an associate judge whose | 
      
        |  | employment continues as provided by Subsection (e), (f), or (g) | 
      
        |  | after the judge of a court served by the associate judge vacates the | 
      
        |  | judge's office may perform administrative functions with respect to | 
      
        |  | that court, but may not perform any judicial function, including | 
      
        |  | any power prescribed by Section 54A.209 [ 54.610], with respect to | 
      
        |  | that court until a successor judge is appointed or elected. | 
      
        |  | Sec. 54A.207 [ 54.608].  CASES THAT MAY BE REFERRED. | 
      
        |  | (a)  Except as provided by this section, a judge of a court may | 
      
        |  | refer to an associate judge any aspect of a suit over which the | 
      
        |  | probate court has jurisdiction, including any matter ancillary to | 
      
        |  | the suit. | 
      
        |  | (b)  Unless a party files a written objection to the | 
      
        |  | associate judge hearing a trial on the merits, the judge may refer | 
      
        |  | the trial to the associate judge.  A trial on the merits is any final | 
      
        |  | adjudication from which an appeal may be taken to a court of | 
      
        |  | appeals. | 
      
        |  | (c)  A party must file an objection to an associate judge | 
      
        |  | hearing a trial on the merits or presiding at a jury trial not later | 
      
        |  | than the 10th day after the date the party receives notice that the | 
      
        |  | associate judge will hear the trial.  If an objection is filed, the | 
      
        |  | referring court shall hear the trial on the merits or preside at a | 
      
        |  | jury trial. | 
      
        |  | Sec. 54A.2071 [ 54.606].  OATH.  An associate judge must take | 
      
        |  | the constitutional oath of office required of appointed officers of | 
      
        |  | this state. | 
      
        |  | [ Sec. 54.607.  MAGISTRATE.  An associate judge appointed  | 
      
        |  | under this subchapter is a magistrate.] | 
      
        |  | Sec. 54A.208 [ 54.609].  METHODS [ORDER] OF REFERRAL.  (a)  A | 
      
        |  | case may be referred to an associate judge by an order of referral | 
      
        |  | in a specific case or by an omnibus order [ In referring a case to an  | 
      
        |  | associate judge, the judge of the referring court shall render: | 
      
        |  | [ (1)  an individual order of referral; or | 
      
        |  | [ (2)  a general order of referral] specifying the class | 
      
        |  | and type of cases to be referred [ heard by the associate judge]. | 
      
        |  | (b)  The order of referral may limit the power or duties of an | 
      
        |  | associate judge. | 
      
        |  | Sec. 54A.209 [ 54.610].  POWERS OF ASSOCIATE JUDGE.  (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)  rule on pretrial motions; | 
      
        |  | (11)  recommend the rulings, orders, or judgment [ an  | 
      
        |  | order] to be made [rendered] in a case; | 
      
        |  | (12) [ (11)]  regulate all proceedings in a hearing | 
      
        |  | before the associate judge; | 
      
        |  | (13) [ (12)]  take action as necessary and proper for | 
      
        |  | the efficient performance of the [ associate judge's] duties | 
      
        |  | required by the order of referral; | 
      
        |  | (14) [ (13)]  order the attachment of a witness or party | 
      
        |  | who fails to obey a subpoena; | 
      
        |  | (15) [ (14)]  order the detention of a witness or party | 
      
        |  | found guilty of contempt, pending approval by the referring court | 
      
        |  | as provided by Section 54A.214 [ 54.616]; | 
      
        |  | (16) [ (15)]  without prejudice to the right to a de novo | 
      
        |  | hearing under Section 54A.216 [ 54.618], render and sign: | 
      
        |  | (A)  a final order agreed to in writing as to both | 
      
        |  | form and substance by all parties; | 
      
        |  | (B)  a final default order; | 
      
        |  | (C)  a temporary order; | 
      
        |  | (D)  a final order in a case in which a party files | 
      
        |  | an unrevoked waiver made in accordance with Rule 119, Texas Rules of | 
      
        |  | Civil Procedure, that waives notice to the party of the final | 
      
        |  | hearing or waives the party's appearance at the final hearing; | 
      
        |  | (E)  an order specifying that the court clerk | 
      
        |  | shall issue: | 
      
        |  | (i)  letters testamentary or of | 
      
        |  | administration; or | 
      
        |  | (ii)  letters of guardianship; or | 
      
        |  | (F)  an order for inpatient or outpatient mental | 
      
        |  | health, mental retardation, or chemical dependency services or an | 
      
        |  | order authorizing psychoactive medications; and | 
      
        |  | (17) [ (16)]  sign a final order that includes a waiver | 
      
        |  | of the right to a de novo hearing in accordance with Section 54A.216 | 
      
        |  | [ 54.618]. | 
      
        |  | (b)  An associate judge may, in the interest of justice, | 
      
        |  | refer a case back to the referring court regardless of whether a | 
      
        |  | timely objection to the associate judge hearing the trial on the | 
      
        |  | merits or presiding at a jury trial has been made by any party. | 
      
        |  | (c)  An order described by Subsection (a)(16) [ (a)(15)] that | 
      
        |  | is rendered and signed by an associate judge constitutes an order of | 
      
        |  | the referring court.  The judge of the referring court shall sign | 
      
        |  | the order not later than the 30th day after the date the associate | 
      
        |  | judge signs the order. | 
      
        |  | (d)  An answer filed by or on behalf of a party who previously | 
      
        |  | filed a waiver described in Subsection (a)(16)(D) [ (a)(15)(D)] | 
      
        |  | revokes that waiver. | 
      
        |  | Sec. 54A.2091 [ 54.611].  ATTENDANCE OF BAILIFF.  A bailiff | 
      
        |  | shall attend a hearing conducted by an associate judge if directed | 
      
        |  | to attend by the referring court. | 
      
        |  | [ Sec. 54.612.  COURT REPORTER.  (a)  A court reporter may be  | 
      
        |  | provided during a hearing held by an associate judge appointed  | 
      
        |  | under this subchapter unless required by other law.  A court  | 
      
        |  | reporter is required to be provided when the associate judge  | 
      
        |  | presides over a jury trial. | 
      
        |  | [ (b)  A party, the associate judge, or the referring court  | 
      
        |  | may provide for a reporter during the hearing, if one is not  | 
      
        |  | otherwise provided. | 
      
        |  | [ (c)  Except as provided by Subsection (a), in the absence of  | 
      
        |  | a court reporter or on agreement of the parties, the record may be  | 
      
        |  | preserved by any means approved by the referring court. | 
      
        |  | [ (d)  The referring court or associate judge may impose on a  | 
      
        |  | party the expense of preserving the record as a court cost. | 
      
        |  | [ (e)  On a request for a de novo hearing, the referring court  | 
      
        |  | may consider testimony or other evidence in the record, if the  | 
      
        |  | record is taken by a court reporter, in addition to witnesses or  | 
      
        |  | other matters presented under Section 54.618.] | 
      
        |  | Sec. 54A.210  [ 54.613].  WITNESS.  (a)  A witness appearing | 
      
        |  | before an associate judge is subject to the penalties for perjury | 
      
        |  | provided by law. | 
      
        |  | (b)  A referring court may issue attachment against and may | 
      
        |  | fine or imprison a witness whose failure [ who: | 
      
        |  | [ (1)  fails] to appear [before an associate judge] | 
      
        |  | after being summoned or whose refusal to answer questions has been | 
      
        |  | certified to the court[ ; or | 
      
        |  | [ (2)  improperly refuses to answer a question if the  | 
      
        |  | refusal has been certified to the court by the associate judge]. | 
      
        |  | Sec. 54A.211.  COURT REPORTER; RECORD.  (a)  A court | 
      
        |  | reporter may be provided during a hearing held by an associate judge | 
      
        |  | appointed under this subchapter.  A court reporter is required to be | 
      
        |  | provided when the associate judge presides over a jury trial. | 
      
        |  | (b)  A party, the associate judge, or the referring court may | 
      
        |  | provide for a reporter during the hearing if one is not otherwise | 
      
        |  | provided. | 
      
        |  | (c)  Except as provided by Subsection (a), in the absence of | 
      
        |  | a court reporter or on agreement of the parties, the record may be | 
      
        |  | preserved by any means approved by the associate judge. | 
      
        |  | (d)  The referring court or associate judge may assess the | 
      
        |  | expense of preserving the record as court costs. | 
      
        |  | (e)  On appeal of the associate judge's report or proposed | 
      
        |  | order, the referring court may consider testimony or other evidence | 
      
        |  | in the record if the record is taken by a court reporter. | 
      
        |  | Sec. 54A.212 [ 54.614].  REPORT.  (a)  The associate judge's | 
      
        |  | report may contain the associate judge's findings, conclusions, or | 
      
        |  | recommendations and may be in the form of a proposed order. | 
      
        |  | (b)  The associate judge shall prepare a [ written] report in | 
      
        |  | the form directed by the referring court, including in the form of: | 
      
        |  | (1)  a notation on the referring court's docket sheet or | 
      
        |  | in the court's jacket; or | 
      
        |  | (2)  a proposed order. | 
      
        |  | (c) [ (b)]  After a hearing, the associate judge shall provide | 
      
        |  | the parties participating in the hearing notice of the substance of | 
      
        |  | the associate judge's report, including any proposed order. | 
      
        |  | (d) [ (c)]  Notice may be given to the parties: | 
      
        |  | (1)  in open court, by an oral statement, or by | 
      
        |  | providing a copy of the associate judge's written report, including | 
      
        |  | any proposed order; | 
      
        |  | (2)  by certified mail, return receipt requested; | 
      
        |  | (3)  by facsimile transmission; or | 
      
        |  | (4)  by electronic mail. | 
      
        |  | (e) [ (d)]  There is a rebuttable presumption that notice is | 
      
        |  | received on the date stated on: | 
      
        |  | (1)  the signed return receipt, if notice was provided | 
      
        |  | by certified mail; | 
      
        |  | (2)  the confirmation page produced by the facsimile | 
      
        |  | machine, if notice was provided by facsimile transmission; or | 
      
        |  | (3)  a printout evidencing submission of the electronic | 
      
        |  | mail message, if notice was provided by electronic mail. | 
      
        |  | (f) [ (e)]  After a hearing conducted by an associate judge, | 
      
        |  | the associate judge shall send the associate judge's signed and | 
      
        |  | dated report, including any proposed order, and all other papers | 
      
        |  | relating to the case to the referring court. | 
      
        |  | Sec. 54A.213  [ 54.615].  NOTICE OF RIGHT TO DE NOVO HEARING | 
      
        |  | BEFORE REFERRING COURT.  (a)  An associate judge shall give all | 
      
        |  | parties notice of the right to a de novo hearing before the | 
      
        |  | referring court. | 
      
        |  | (b)  The notice may be given: | 
      
        |  | (1)  by oral statement in open court; | 
      
        |  | (2)  by posting inside or outside the courtroom of the | 
      
        |  | referring court; or | 
      
        |  | (3)  as otherwise directed by the referring court. | 
      
        |  | (c)  Before the start of a hearing by an associate judge, a | 
      
        |  | party may waive the right to a de novo hearing before the referring | 
      
        |  | court in writing or on the record. | 
      
        |  | Sec. 54A.214 [ 54.616].  ORDER OF COURT.  (a)  Pending a de | 
      
        |  | novo hearing before the referring court, the decisions and | 
      
        |  | recommendations of the associate judge or a proposed order or | 
      
        |  | judgment of the associate judge has the full force and effect, and | 
      
        |  | is enforceable as, an order or judgment of the referring court, | 
      
        |  | except for an order providing for the appointment of a receiver. | 
      
        |  | (b)  Except as provided by Section 54A.209(c) [ 54.610(c)], | 
      
        |  | if a request for a de novo hearing before the referring court is not | 
      
        |  | timely filed or the right to a de novo hearing before the referring | 
      
        |  | court is waived, the decisions and recommendations of the associate | 
      
        |  | judge or the proposed order or judgment of the associate judge | 
      
        |  | becomes the order or judgment of the referring court at the time the | 
      
        |  | judge of the referring court signs the proposed order or judgment. | 
      
        |  | (c)  An order by an associate judge for the temporary | 
      
        |  | detention or incarceration of a witness or party shall be presented | 
      
        |  | to the referring court on the day the witness or party is detained | 
      
        |  | or incarcerated.  The referring court, without prejudice to the | 
      
        |  | right to a de novo hearing provided by Section 54A.216, may approve | 
      
        |  | the temporary detention or incarceration or may order the release | 
      
        |  | of the party or witness, with or without bond, pending a de novo | 
      
        |  | hearing.  If the referring court is not immediately available, the | 
      
        |  | associate judge may order the release of the party or witness, with | 
      
        |  | or without bond, pending a de novo hearing or may continue the | 
      
        |  | person's detention or incarceration for not more than 72 hours. | 
      
        |  | Sec. 54A.215 [ 54.617].  JUDICIAL ACTION ON ASSOCIATE JUDGE'S | 
      
        |  | PROPOSED ORDER OR JUDGMENT.  (a)  Unless a party files a written | 
      
        |  | request for a de novo hearing before the referring court, the | 
      
        |  | referring court may: | 
      
        |  | (1)  adopt, modify, or reject the associate judge's | 
      
        |  | proposed order or judgment; | 
      
        |  | (2)  hear further evidence; or | 
      
        |  | (3)  recommit the matter to the associate judge for | 
      
        |  | further proceedings. | 
      
        |  | (b)  The judge of the referring court shall sign a proposed | 
      
        |  | order or judgment the court adopts as provided by Subsection (a)(1) | 
      
        |  | not later than the 30th day after the date the associate judge | 
      
        |  | signed the order or judgment. | 
      
        |  | Sec. 54A.216 [ 54.618].  DE NOVO HEARING BEFORE REFERRING | 
      
        |  | COURT.  (a)  A party may request a de novo hearing before the | 
      
        |  | referring court by filing with the clerk of the referring court a | 
      
        |  | written request not later than the seventh working day after the | 
      
        |  | date the party receives notice of the substance of the associate | 
      
        |  | judge's report as provided by Section 54A.212 [ 54.614]. | 
      
        |  | (b)  A request for a de novo hearing under this section must | 
      
        |  | specify the issues that will be presented to the referring court. | 
      
        |  | The de novo hearing is limited to the specified issues. | 
      
        |  | (c)  In the de novo hearing before the referring court, | 
      
        |  | the  parties may present witnesses on the issues specified in the | 
      
        |  | request for hearing.  The referring court may also consider the | 
      
        |  | record from the hearing before the associate judge, including the | 
      
        |  | charge to and verdict returned by a jury, if the record was taken by | 
      
        |  | a court reporter. | 
      
        |  | (d)  Notice of a request for a de novo hearing before the | 
      
        |  | referring court must be given to the opposing attorney in the manner | 
      
        |  | provided by Rule 21a, Texas Rules of Civil Procedure. | 
      
        |  | (e)  If a request for a de novo hearing before the referring | 
      
        |  | court is filed by a party, any other party may file a request for a | 
      
        |  | de novo hearing before the referring court not later than the | 
      
        |  | seventh working day after the date of filing of the initial request. | 
      
        |  | (f)  The referring court, after notice to the parties, shall | 
      
        |  | hold a de novo hearing not later than the 30th day after the date on | 
      
        |  | which the initial request for a de novo hearing was filed with the | 
      
        |  | clerk of the referring court[ , unless all of the parties agree to a  | 
      
        |  | later date]. | 
      
        |  | (g)  Before the start of a hearing conducted by an associate | 
      
        |  | judge, the parties may waive the right of a de novo hearing before | 
      
        |  | the referring court.  The waiver may be in writing or on the record. | 
      
        |  | (h)  The denial of relief to a party after a de novo hearing | 
      
        |  | under this section or a party's waiver of the right to a de novo | 
      
        |  | hearing before the referring court does not affect the right of a | 
      
        |  | party to file a motion for new trial, motion for judgment | 
      
        |  | notwithstanding the verdict, or other post-trial motion. | 
      
        |  | (i)  A party may not demand a second jury in a de novo hearing | 
      
        |  | before the referring court if the associate judge's proposed order | 
      
        |  | or judgment resulted from a jury trial. | 
      
        |  | Sec. 54A.217 [ 54.619].  APPELLATE REVIEW.  (a)  A party's | 
      
        |  | failure to request a de novo hearing before the referring court or a | 
      
        |  | party's waiver of the right to request a de novo hearing before the | 
      
        |  | referring court does not deprive the party of the right to appeal to | 
      
        |  | or request other relief from a court of appeals or the supreme | 
      
        |  | court. | 
      
        |  | (b)  Except as provided by Subsection (c), the date the judge | 
      
        |  | of a referring court signs an order or judgment is the controlling | 
      
        |  | date for the purposes of appeal to or request for other relief from | 
      
        |  | a court of appeals or the supreme court. | 
      
        |  | (c)  The date an order described by Section 54A.209(a)(16) | 
      
        |  | [ 54.610(a)(15)] is signed by an associate judge is the controlling | 
      
        |  | date for the purpose of an appeal to, or a request for other relief | 
      
        |  | relating to the order from, a court of appeals or the supreme court. | 
      
        |  | Sec. 54A.218 [ 54.620].  IMMUNITY.  An associate judge | 
      
        |  | appointed under this subchapter has the judicial immunity of a | 
      
        |  | probate judge.  All existing immunity granted an associate judge by | 
      
        |  | law, express or implied, continues in full force and effect. | 
      
        |  | SECTION 6.03.  Chapter 201, Family Code, is amended by | 
      
        |  | adding Subchapter D to read as follows: | 
      
        |  | SUBCHAPTER D.  ASSOCIATE JUDGE FOR JUVENILE MATTERS | 
      
        |  | Sec. 201.301.  APPLICABILITY.  This subchapter applies only | 
      
        |  | to an associate judge appointed under this subchapter and does not | 
      
        |  | apply to a juvenile court master appointed under Subchapter K, | 
      
        |  | Chapter 54, Government Code. | 
      
        |  | Sec. 201.302.  APPOINTMENT.  (a)  A judge of a court that is | 
      
        |  | designated as a juvenile court may appoint a full-time or part-time | 
      
        |  | associate judge to perform the duties authorized by this chapter if | 
      
        |  | the commissioners court of a county in which the court has | 
      
        |  | jurisdiction has authorized 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 has been designated as | 
      
        |  | a juvenile court, 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. 201.303.  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 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, | 
      
        |  | Government Code, and before final disposition of the proceedings. | 
      
        |  | Sec. 201.304.  COMPENSATION.  (a)  An associate judge shall | 
      
        |  | be paid a salary determined by the commissioners court of the county | 
      
        |  | in which the associate judge serves. | 
      
        |  | (b)  If an associate judge serves in more than one county, | 
      
        |  | the associate judge shall be paid a salary as determined by | 
      
        |  | agreement of the commissioners courts of the counties in which the | 
      
        |  | associate judge serves. | 
      
        |  | (c)  The associate judge's salary is paid from the county | 
      
        |  | fund available for payment of officers' salaries. | 
      
        |  | Sec. 201.305.  TERMINATION.  (a)  An associate judge who | 
      
        |  | serves a single court serves at the will of the judge of that court. | 
      
        |  | (b)  The employment of an associate judge who serves more | 
      
        |  | than two courts may only be terminated by a majority vote of all the | 
      
        |  | judges of the courts which the associate judge serves. | 
      
        |  | (c)  The employment of an associate judge who serves two | 
      
        |  | courts may be terminated by either of the judges of the courts which | 
      
        |  | the associate judge serves. | 
      
        |  | (d)  To terminate an associate judge's employment, the | 
      
        |  | appropriate judges must sign a written order of termination.  The | 
      
        |  | order must state: | 
      
        |  | (1)  the associate judge's name and state bar | 
      
        |  | identification number; | 
      
        |  | (2)  each court ordering termination; and | 
      
        |  | (3)  the date the associate judge's employment ends. | 
      
        |  | Sec. 201.306.  CASES THAT MAY BE REFERRED.  (a)  Except as | 
      
        |  | provided by this section, a judge of a juvenile court may refer to | 
      
        |  | an associate judge any aspect of a juvenile matter brought: | 
      
        |  | (1)  under this title or Title 3; or | 
      
        |  | (2)  in connection with Rule 308a, Texas Rules of Civil | 
      
        |  | Procedure. | 
      
        |  | (b)  Unless a party files a written objection to the | 
      
        |  | associate judge hearing a trial on the merits, the judge may refer | 
      
        |  | the trial to the associate judge.  A trial on the merits is any final | 
      
        |  | adjudication from which an appeal may be taken to a court of | 
      
        |  | appeals. | 
      
        |  | (c)  A party must file an objection to an associate judge | 
      
        |  | hearing a trial on the merits or presiding at a jury trial not later | 
      
        |  | than the 10th day after the date the party receives notice that the | 
      
        |  | associate judge will hear the trial.  If an objection is filed, the | 
      
        |  | referring court shall hear the trial on the merits or preside at a | 
      
        |  | jury trial. | 
      
        |  | (d)  The requirements of Subsections (b) and (c) apply when a | 
      
        |  | judge has authority to refer the trial of a suit under this title, | 
      
        |  | Title 1, or Title 4 to an associate judge, master, or other | 
      
        |  | assistant judge regardless of whether the assistant judge is | 
      
        |  | appointed under this subchapter. | 
      
        |  | Sec. 201.307.  METHODS OF REFERRAL.  (a)  A case may be | 
      
        |  | referred to an associate judge by an order of referral in a specific | 
      
        |  | case or by an omnibus order. | 
      
        |  | (b)  The order of referral may limit the power or duties of an | 
      
        |  | associate judge. | 
      
        |  | Sec. 201.308.  POWERS OF ASSOCIATE JUDGE.  (a)  Except as | 
      
        |  | limited by an order of referral, an associate judge may: | 
      
        |  | (1)  conduct a hearing; | 
      
        |  | (2)  hear evidence; | 
      
        |  | (3)  compel production of relevant evidence; | 
      
        |  | (4)  rule on the admissibility of evidence; | 
      
        |  | (5)  issue a summons for: | 
      
        |  | (A)  the appearance of witnesses; and | 
      
        |  | (B)  the appearance of a parent who has failed to | 
      
        |  | appear before an agency authorized to conduct an investigation of | 
      
        |  | an allegation of abuse or neglect of a child after receiving proper | 
      
        |  | notice; | 
      
        |  | (6)  examine a witness; | 
      
        |  | (7)  swear a witness for a hearing; | 
      
        |  | (8)  make findings of fact on evidence; | 
      
        |  | (9)  formulate conclusions of law; | 
      
        |  | (10)  recommend an order to be rendered in a case; | 
      
        |  | (11)  regulate proceedings in a hearing; | 
      
        |  | (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; and | 
      
        |  | (14)  take action as necessary and proper for the | 
      
        |  | efficient performance of the associate judge's duties. | 
      
        |  | (b)  An associate judge may, in the interest of justice, | 
      
        |  | refer a case back to the referring court regardless of whether a | 
      
        |  | timely objection to the associate judge hearing the trial on the | 
      
        |  | merits or presiding at a jury trial has been made by any party. | 
      
        |  | Sec. 201.309.  REFEREES.  (a)  An associate judge appointed | 
      
        |  | under this subchapter may serve as a referee as provided by Sections | 
      
        |  | 51.04(g) and 54.10. | 
      
        |  | (b)  A referee appointed under Section 51.04(g) may be | 
      
        |  | appointed to serve as an associate judge under this subchapter. | 
      
        |  | Sec. 201.310.  ATTENDANCE OF BAILIFF.  A bailiff may attend a | 
      
        |  | hearing by an associate judge if directed by the referring court. | 
      
        |  | Sec. 201.311.  WITNESS.  (a)  A witness appearing before an | 
      
        |  | associate judge is subject to the penalties for perjury provided by | 
      
        |  | law. | 
      
        |  | (b)  A referring court may fine or imprison a witness who: | 
      
        |  | (1)  failed to appear before an associate judge after | 
      
        |  | being summoned; or | 
      
        |  | (2)  improperly refused to answer questions if the | 
      
        |  | refusal has been certified to the court by the associate judge. | 
      
        |  | Sec. 201.312.  COURT REPORTER; RECORD.  (a)  A court | 
      
        |  | reporter may be provided during a hearing held by an associate judge | 
      
        |  | appointed under this subchapter.  A court reporter is required to be | 
      
        |  | provided when the associate judge presides over a jury trial or a | 
      
        |  | contested final termination hearing. | 
      
        |  | (b)  A party, the associate judge, or the referring court may | 
      
        |  | provide for a reporter during the hearing if one is not otherwise | 
      
        |  | provided. | 
      
        |  | (c)  Except as provided by Subsection (a), in the absence of | 
      
        |  | a court reporter or on agreement of the parties, the record may be | 
      
        |  | preserved by any means approved by the associate judge. | 
      
        |  | (d)  The referring court or associate judge may assess the | 
      
        |  | expense of preserving the record as costs. | 
      
        |  | (e)  On a request for a de novo hearing, the referring court | 
      
        |  | may consider testimony or other evidence in the record, if the | 
      
        |  | record is taken by a court reporter, in addition to witnesses or | 
      
        |  | other matters presented under Section 201.317. | 
      
        |  | Sec. 201.313.  REPORT.  (a)  The associate judge's report may | 
      
        |  | contain the associate judge's findings, conclusions, or | 
      
        |  | recommendations and may be in the form of a proposed order.  The | 
      
        |  | associate judge's report must be in writing and in the form directed | 
      
        |  | by the referring court. | 
      
        |  | (b)  After a hearing, the associate judge shall provide the | 
      
        |  | parties participating in the hearing notice of the substance of the | 
      
        |  | associate judge's report, including any proposed order. | 
      
        |  | (c)  Notice may be given to the parties: | 
      
        |  | (1)  in open court, by an oral statement or by providing | 
      
        |  | a copy of the associate judge's written report, including any | 
      
        |  | proposed order; | 
      
        |  | (2)  by certified mail, return receipt requested; or | 
      
        |  | (3)  by facsimile. | 
      
        |  | (d)  A rebuttable presumption exists that notice is received | 
      
        |  | on the date stated on: | 
      
        |  | (1)  the signed return receipt, if notice was provided | 
      
        |  | by certified mail; or | 
      
        |  | (2)  the confirmation page produced by the facsimile | 
      
        |  | machine, if notice was provided by facsimile. | 
      
        |  | (e)  After a hearing conducted by an associate judge, the | 
      
        |  | associate judge shall send the associate judge's signed and dated | 
      
        |  | report, including any proposed order, and all other papers relating | 
      
        |  | to the case to the referring court. | 
      
        |  | Sec. 201.314.  NOTICE OF RIGHT TO DE NOVO HEARING; WAIVER. | 
      
        |  | (a)  An associate judge shall give all parties notice of the right | 
      
        |  | to a de novo hearing to the judge of the referring court. | 
      
        |  | (b)  The notice may be given: | 
      
        |  | (1)  by oral statement in open court; | 
      
        |  | (2)  by posting inside or outside the courtroom of the | 
      
        |  | referring court; or | 
      
        |  | (3)  as otherwise directed by the referring court. | 
      
        |  | (c)  Before the start of a hearing by an associate judge, a | 
      
        |  | party may waive the right of a de novo hearing before the referring | 
      
        |  | court in writing or on the record. | 
      
        |  | Sec. 201.315.  ORDER OF COURT.  (a)  Pending a de novo | 
      
        |  | hearing before the referring court, a proposed order or judgment of | 
      
        |  | the associate judge is in full force and effect and is enforceable | 
      
        |  | as an order or judgment of the referring court, except for an order | 
      
        |  | providing for the appointment of a receiver. | 
      
        |  | (b)  If a request for a de novo hearing before the referring | 
      
        |  | court is not timely filed or the right to a de novo hearing before | 
      
        |  | the referring court is waived, the proposed order or judgment of the | 
      
        |  | associate judge becomes the order or judgment of the referring | 
      
        |  | court only on the referring court's signing the proposed order or | 
      
        |  | judgment. | 
      
        |  | (c)  An order by an associate judge for the temporary | 
      
        |  | detention or incarceration of a witness or party shall be presented | 
      
        |  | to the referring court on the day the witness or party is detained | 
      
        |  | or incarcerated.  The referring court, without prejudice to the | 
      
        |  | right to a de novo hearing provided by Section 201.317, may approve | 
      
        |  | the temporary detention or incarceration or may order the release | 
      
        |  | of the party or witness, with or without bond, pending a de novo | 
      
        |  | hearing.  If the referring court is not immediately available, the | 
      
        |  | associate judge may order the release of the party or witness, with | 
      
        |  | or without bond, pending a de novo hearing or may continue the | 
      
        |  | person's detention or incarceration for not more than 72 hours. | 
      
        |  | Sec. 201.316.  JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED | 
      
        |  | ORDER OR JUDGMENT.  Unless a party files a written request for a de | 
      
        |  | novo hearing before the referring court, the referring court may: | 
      
        |  | (1)  adopt, modify, or reject the associate judge's | 
      
        |  | proposed order or judgment; | 
      
        |  | (2)  hear additional evidence; or | 
      
        |  | (3)  recommit the matter to the associate judge for | 
      
        |  | further proceedings. | 
      
        |  | Sec. 201.317.  DE NOVO HEARING.  (a)  A party may request a de | 
      
        |  | novo hearing before the referring court by filing with the clerk of | 
      
        |  | the referring court a written request not later than the seventh | 
      
        |  | working day after the date the party receives notice of the | 
      
        |  | substance of the associate judge's report as provided by Section | 
      
        |  | 201.313. | 
      
        |  | (b)  A request for a de novo hearing under this section must | 
      
        |  | specify the issues that will be presented to the referring court. | 
      
        |  | The de novo hearing is limited to the specified issues. | 
      
        |  | (c)  Notice of a request for a de novo hearing before the | 
      
        |  | referring court shall be given to the opposing attorney in the | 
      
        |  | manner provided by Rule 21a, Texas Rules of Civil Procedure. | 
      
        |  | (d)  If a request for a de novo hearing before the referring | 
      
        |  | court is filed by a party, any other party may file a request for a | 
      
        |  | de novo hearing before the referring court not later than the | 
      
        |  | seventh working day after the date the initial request was filed. | 
      
        |  | (e)  The referring court, after notice to the parties, shall | 
      
        |  | hold a de novo hearing not later than the 30th day after the date the | 
      
        |  | initial request for a de novo hearing was filed with the clerk of | 
      
        |  | the referring court. | 
      
        |  | (f)  In the de novo hearing before the referring court, the | 
      
        |  | parties may present witnesses on the issues specified in the | 
      
        |  | request for hearing.  The referring court may also consider the | 
      
        |  | record from the hearing before the associate judge, including the | 
      
        |  | charge to and verdict returned by a jury, if the record was taken by | 
      
        |  | a court reporter. | 
      
        |  | (g)  The denial of relief to a party after a de novo hearing | 
      
        |  | under this section or a party's waiver of the right to a de novo | 
      
        |  | hearing before the referring court does not affect the right of a | 
      
        |  | party to file a motion for new trial, a motion for judgment | 
      
        |  | notwithstanding the verdict, or other posttrial motions. | 
      
        |  | (h)  A party may not demand a second jury in a de novo hearing | 
      
        |  | before the referring court if the associate judge's proposed order | 
      
        |  | or judgment resulted from a jury trial. | 
      
        |  | Sec. 201.318.  APPELLATE REVIEW.  (a)  A party's failure to | 
      
        |  | request a de novo hearing before the referring court or a party's | 
      
        |  | waiver of the right to request a de novo hearing before the | 
      
        |  | referring court does not deprive the party of the right to appeal to | 
      
        |  | or request other relief from a court of appeals or the supreme | 
      
        |  | court. | 
      
        |  | (b)  Except as provided by Subsection (c), the date an order | 
      
        |  | or judgment by the referring court is signed is the controlling date | 
      
        |  | for the purposes of appeal to or request for other relief from a | 
      
        |  | court of appeals or the supreme court. | 
      
        |  | (c)  The date an agreed order or a default order is signed by | 
      
        |  | an associate judge is the controlling date for the purpose of an | 
      
        |  | appeal to, or a request for other relief relating to the order from, | 
      
        |  | a court of appeals or the supreme court. | 
      
        |  | Sec. 201.319.  JUDICIAL IMMUNITY.  An associate judge | 
      
        |  | appointed under this subchapter has the judicial immunity of a | 
      
        |  | district judge. | 
      
        |  | Sec. 201.320.  VISITING ASSOCIATE JUDGE.  (a)  If an | 
      
        |  | associate judge appointed under this subchapter is temporarily | 
      
        |  | unable to perform the judge's official duties because of absence or | 
      
        |  | illness, injury, or other disability, a judge of a court having | 
      
        |  | jurisdiction of a suit under this title or Title 1 or 4 may appoint a | 
      
        |  | visiting associate judge to perform the duties of the associate | 
      
        |  | judge during the period of the associate judge's absence or | 
      
        |  | disability if the commissioners court of a county in which the court | 
      
        |  | has jurisdiction authorizes the employment of a visiting associate | 
      
        |  | judge. | 
      
        |  | (b)  To be eligible for appointment under this section, a | 
      
        |  | person must have served as an associate judge for at least two | 
      
        |  | years. | 
      
        |  | (c)  Sections 201.001 through 201.017 apply to a visiting | 
      
        |  | associate judge appointed under this section. | 
      
        |  | SECTION 6.04.  Subsection (b), Section 22.110, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (b)  The court of criminal appeals shall adopt the rules | 
      
        |  | necessary to accomplish the purposes of this section.  The rules | 
      
        |  | must require each district judge, judge of a statutory county | 
      
        |  | court, associate judge appointed under Chapter 54A [ 54] of this | 
      
        |  | code or Chapter 201, Family Code, master, referee, and magistrate | 
      
        |  | to complete at least 12 hours of the training within the judge's | 
      
        |  | first term of office or the judicial officer's first four years of | 
      
        |  | service and provide a method for certification of completion of | 
      
        |  | that training.  At least four hours of the training must be | 
      
        |  | dedicated to issues related to child abuse and neglect and must | 
      
        |  | cover at least two of the topics described in Subsections | 
      
        |  | (d)(8)-(12).  At least six hours of the training must be dedicated | 
      
        |  | to the training described by Subsections (d)(5), (6), and (7).  The | 
      
        |  | rules must require each judge and judicial officer to complete an | 
      
        |  | additional five hours of training during each additional term in | 
      
        |  | office or four years of service.  At least two hours of the | 
      
        |  | additional training must be dedicated to issues related to child | 
      
        |  | abuse and neglect.  The rules must exempt from the training | 
      
        |  | requirement of this subsection each judge or judicial officer who | 
      
        |  | files an affidavit stating that the judge or judicial officer does | 
      
        |  | not hear any cases involving family violence, sexual assault, or | 
      
        |  | child abuse and neglect. | 
      
        |  | SECTION 6.05.  Section 602.002, Government Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | Sec. 602.002.  OATH MADE IN TEXAS.  An oath made in this | 
      
        |  | state may be administered and a certificate of the fact given by: | 
      
        |  | (1)  a judge, retired judge, or clerk of a municipal | 
      
        |  | court; | 
      
        |  | (2)  a judge, retired judge, senior judge, clerk, or | 
      
        |  | commissioner of a court of record; | 
      
        |  | (3)  a justice of the peace or a clerk of a justice | 
      
        |  | court; | 
      
        |  | (4)  an associate judge, magistrate, master, referee, | 
      
        |  | or criminal law hearing officer; | 
      
        |  | (5)  a notary public; | 
      
        |  | (6) [ (5)]  a member of a board or commission created by | 
      
        |  | a law of this state, in a matter pertaining to a duty of the board or | 
      
        |  | commission; | 
      
        |  | (7) [ (6)]  a person employed by the Texas Ethics | 
      
        |  | Commission who has a duty related to a report required by Title 15, | 
      
        |  | Election Code, in a matter pertaining to that duty; | 
      
        |  | (8) [ (7)]  a county tax assessor-collector or an | 
      
        |  | employee of the county tax assessor-collector if the oath relates | 
      
        |  | to a document that is required or authorized to be filed in the | 
      
        |  | office of the county tax assessor-collector; | 
      
        |  | (9) [ (8)]  the secretary of state or a former secretary | 
      
        |  | of state; | 
      
        |  | (10) [ (9)]  an employee of a personal bond office, or | 
      
        |  | an employee of a county, who is employed to obtain information | 
      
        |  | required to be obtained under oath if the oath is required or | 
      
        |  | authorized by Article 17.04 or by Article 26.04(n) or (o), Code of | 
      
        |  | Criminal Procedure; | 
      
        |  | (11) [ (10)]  the lieutenant governor or a former | 
      
        |  | lieutenant governor; | 
      
        |  | (12) [ (11)]  the speaker of the house of | 
      
        |  | representatives or a former speaker of the house of | 
      
        |  | representatives; | 
      
        |  | (13) [ (12)]  the governor or a former governor; | 
      
        |  | (14) [ (13)]  a legislator or retired legislator; | 
      
        |  | (15) [ (14)]  the attorney general or a former attorney | 
      
        |  | general; | 
      
        |  | (16) [ (15)]  the secretary or clerk of a municipality | 
      
        |  | in a matter pertaining to the official business of the | 
      
        |  | municipality; or | 
      
        |  | (17) [ (16)]  a peace officer described by Article 2.12, | 
      
        |  | Code of Criminal Procedure, if: | 
      
        |  | (A)  the oath is administered when the officer is | 
      
        |  | engaged in the performance of the officer's duties; and | 
      
        |  | (B)  the administration of the oath relates to the | 
      
        |  | officer's duties. | 
      
        |  | SECTION 6.06.  Article 2.09, Code of Criminal Procedure, is | 
      
        |  | amended to read as follows: | 
      
        |  | Art. 2.09.  WHO ARE MAGISTRATES.  Each of the following | 
      
        |  | officers is a magistrate within the meaning of this Code:  The | 
      
        |  | justices of the Supreme Court, the judges of the Court of Criminal | 
      
        |  | Appeals, the justices of the Courts of Appeals, the judges of the | 
      
        |  | District Court, the magistrates appointed by the judges of the | 
      
        |  | district courts of Bexar County, Dallas County, or Tarrant County | 
      
        |  | that give preference to criminal cases, the criminal law hearing | 
      
        |  | officers for Harris County appointed under Subchapter L, Chapter | 
      
        |  | 54, Government Code, the criminal law hearing officers for Cameron | 
      
        |  | County appointed under Subchapter BB, Chapter 54, Government Code, | 
      
        |  | the magistrates or associate judges appointed by the judges of the | 
      
        |  | district courts of Lubbock County, Nolan County, or Webb County, | 
      
        |  | the magistrates appointed by the judges of the criminal district | 
      
        |  | courts of Dallas County or Tarrant County, the associate judges | 
      
        |  | [ masters] appointed by the judges of the district courts and the | 
      
        |  | county courts at law that give preference to criminal cases in | 
      
        |  | Jefferson County, the associate judges [ magistrates] appointed by | 
      
        |  | the judges of the district courts and the statutory county courts of | 
      
        |  | Brazos County, Nueces County, or Williamson County, the magistrates | 
      
        |  | appointed by the judges of the district courts and statutory county | 
      
        |  | courts that give preference to criminal cases in Travis County, the | 
      
        |  | criminal magistrates appointed by the Brazoria County | 
      
        |  | Commissioners Court, the criminal magistrates appointed by the | 
      
        |  | Burnet County Commissioners Court, the county judges, the judges of | 
      
        |  | the county courts at law, judges of the county criminal courts, the | 
      
        |  | judges of statutory probate courts, the associate judges appointed | 
      
        |  | by the judges of the statutory probate courts under [ Subchapter G,] | 
      
        |  | Chapter 54A [ 54], Government Code, the associate judges appointed | 
      
        |  | by the judge of a district court under Chapter 54A [ Subchapter II,  | 
      
        |  | Chapter 54], Government Code, the magistrates appointed under | 
      
        |  | Subchapter JJ, Chapter 54, Government Code, as added by H.B. No. | 
      
        |  | 2132, Acts of the 82nd Legislature, Regular Session, 2011, the | 
      
        |  | justices of the peace, and the mayors and recorders and the judges | 
      
        |  | of the municipal courts of incorporated cities or towns. | 
      
        |  | SECTION 6.07.  Subsection (d), Article 102.017, Code of | 
      
        |  | Criminal Procedure, is amended to read as follows: | 
      
        |  | (d)  Except as provided by Subsection (d-2), the clerks of | 
      
        |  | the respective courts shall collect the costs and pay them to the | 
      
        |  | county or municipal treasurer, as appropriate, or to any other | 
      
        |  | official who discharges the duties commonly delegated to the county | 
      
        |  | or municipal treasurer, as appropriate, for deposit in a fund to be | 
      
        |  | known as the courthouse security fund or a fund to be known as the | 
      
        |  | municipal court building security fund, as appropriate.  Money | 
      
        |  | deposited in a courthouse security fund may be used only for | 
      
        |  | security personnel, services, and items related to buildings that | 
      
        |  | house the operations of district, county, or justice courts, and | 
      
        |  | money deposited in a municipal court building security fund may be | 
      
        |  | used only for security personnel, services, and items related to | 
      
        |  | buildings that house the operations of municipal courts.  For | 
      
        |  | purposes of this subsection, operations of a district, county, or | 
      
        |  | justice court include the activities of associate judges, masters, | 
      
        |  | magistrates, referees, hearing officers, criminal law magistrate | 
      
        |  | court judges, and masters in chancery appointed under: | 
      
        |  | (1)  Section 61.311, Alcoholic Beverage Code; | 
      
        |  | (2)  Section 51.04(g) or Chapter 201, Family Code; | 
      
        |  | (3)  Section 574.0085, Health and Safety Code; | 
      
        |  | (4)  Section 33.71, Tax Code; | 
      
        |  | (5)  Chapter 54A [ Chapter 54], Government Code; or | 
      
        |  | (6)  Rule 171, Texas Rules of Civil Procedure. | 
      
        |  | SECTION 6.08.  Subsection (a), Section 54.10, Family Code, | 
      
        |  | is amended to read as follows: | 
      
        |  | (a)  Except as provided by Subsection (e), a hearing under | 
      
        |  | Section 54.03, 54.04, or 54.05, including a jury trial, a hearing | 
      
        |  | under Chapter 55, including a jury trial, or a hearing under the | 
      
        |  | Interstate Compact for Juveniles (Chapter 60) may be held by a | 
      
        |  | referee appointed in accordance with Section 51.04(g) or an | 
      
        |  | associate judge [ a master] appointed under Chapter 54A [54], | 
      
        |  | Government Code, provided: | 
      
        |  | (1)  the parties have been informed by the referee or | 
      
        |  | associate judge [ master] that they are entitled to have the hearing | 
      
        |  | before the juvenile court judge; and | 
      
        |  | (2)  after each party is given an opportunity to | 
      
        |  | object, no party objects to holding the hearing before the referee | 
      
        |  | or associate judge [ master]. | 
      
        |  | SECTION 6.09.  A magistrate, master, referee, associate | 
      
        |  | judge, or hearing officer appointed as provided by Subchapters A, | 
      
        |  | B, C, E, F, I, O, P, S, T, U, V, X, CC, FF, and II, Chapter 54, | 
      
        |  | Government Code, before the effective date of this Act, continues | 
      
        |  | to serve as an associate judge under Chapter 54A, Government Code, | 
      
        |  | as added by this article, with the powers and duties provided by | 
      
        |  | that chapter, provided the court for which the magistrate, master, | 
      
        |  | referee, associate judge, or hearing officer serves has authority | 
      
        |  | to appoint an associate judge under Chapter 54A, Government Code. | 
      
        |  | SECTION 6.10.  The changes in law made by this article apply | 
      
        |  | to a matter referred to an associate judge on or after the effective | 
      
        |  | date of this article.  A matter referred to an associate judge | 
      
        |  | before the effective date of this article is governed by the law in | 
      
        |  | effect on the date the matter was referred to the associate judge, | 
      
        |  | and the former law is continued in effect for that purpose. | 
      
        |  | SECTION 6.11.  The following subchapters of Chapter 54, | 
      
        |  | Government Code, are repealed: | 
      
        |  | (1)  Subchapter A; | 
      
        |  | (2)  Subchapter B; | 
      
        |  | (3)  Subchapter C; | 
      
        |  | (4)  Subchapter E; | 
      
        |  | (5)  Subchapter F; | 
      
        |  | (6)  Subchapter I; | 
      
        |  | (7)  Subchapter O; | 
      
        |  | (8)  Subchapter P; | 
      
        |  | (9)  Subchapter S; | 
      
        |  | (10)  Subchapter T; | 
      
        |  | (11)  Subchapter U; | 
      
        |  | (12)  Subchapter V; | 
      
        |  | (13)  Subchapter X; | 
      
        |  | (14)  Subchapter CC; | 
      
        |  | (15)  Subchapter FF; and | 
      
        |  | (16)  Subchapter II. | 
      
        |  | 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 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 governor immediately shall | 
      
        |  | appoint or reappoint a presiding judge. | 
      
        |  | SECTION 7.02.  Section 74.050, Government Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | Sec. 74.050.  SUPPORT STAFF [ ADMINISTRATIVE ASSISTANT].  (a) | 
      
        |  | The presiding judge may employ, directly or through a contract with | 
      
        |  | another governmental entity, a full-time or part-time | 
      
        |  | administrative assistant. | 
      
        |  | (b)  An administrative assistant [ must have the  | 
      
        |  | qualifications established by rule of the supreme court. | 
      
        |  | [ (c)  An administrative assistant] shall aid the presiding | 
      
        |  | judge in carrying out the judge's duties under this chapter.  The | 
      
        |  | administrative assistant shall: | 
      
        |  | (1)  perform the duties that are required by the | 
      
        |  | presiding judge and by the rules of administration; | 
      
        |  | (2)  conduct correspondence for the presiding judge; | 
      
        |  | (3)  under the direction of the presiding judge, make | 
      
        |  | an annual report of the activities of the administrative region and | 
      
        |  | special reports as provided by the rules of administration to the | 
      
        |  | supreme court, which shall be made in the manner directed by the | 
      
        |  | supreme court; and | 
      
        |  | (4)  attend to other matters that are prescribed by the | 
      
        |  | council of judges. | 
      
        |  | (c) [ (d)]  An administrative assistant, with the approval of | 
      
        |  | the presiding judge, may purchase the necessary office equipment, | 
      
        |  | stamps, stationery, and supplies and employ additional personnel as | 
      
        |  | authorized by the presiding judge. | 
      
        |  | (d) [ (e)]  An administrative assistant is entitled to | 
      
        |  | receive the compensation from the state provided by the General | 
      
        |  | Appropriations Act, from county funds, or from any public or | 
      
        |  | private grant. | 
      
        |  | SECTION 7.03.  Subsection (c), Section 74.093, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (c)  The rules may provide for: | 
      
        |  | (1)  the selection and authority of a presiding judge | 
      
        |  | of the courts giving preference to a specified class of cases, such | 
      
        |  | as civil, criminal, juvenile, or family law cases; | 
      
        |  | (2)  other strategies for managing cases that require | 
      
        |  | special judicial attention; | 
      
        |  | (3) [ (2)]  a coordinated response for the transaction | 
      
        |  | of essential judicial functions in the event of a disaster; and | 
      
        |  | (4) [ (3)]  any other matter necessary to carry out this | 
      
        |  | chapter or to improve the administration and management of the | 
      
        |  | court system and its auxiliary services. | 
      
        |  | SECTION 7.04.  Chapter 74, Government Code, is amended by | 
      
        |  | adding Subchapter J to read as follows: | 
      
        |  | SUBCHAPTER J.  ADDITIONAL RESOURCES FOR CERTAIN CASES | 
      
        |  | Sec. 74.251.  APPLICABILITY OF SUBCHAPTER.  This subchapter | 
      
        |  | does not apply to: | 
      
        |  | (1)  a criminal matter; | 
      
        |  | (2)  a case in which judicial review is sought under | 
      
        |  | Subchapter G, Chapter 2001; or | 
      
        |  | (3)  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. 74.252.  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. 74.253.  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 74.252, 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)  notify the presiding judge of the administrative | 
      
        |  | judicial region in which the court is located about the case; 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 74.252, the case will require | 
      
        |  | additional resources to ensure efficient judicial management, the | 
      
        |  | presiding judge shall: | 
      
        |  | (1)  use resources previously allotted to the presiding | 
      
        |  | judge; or | 
      
        |  | (2)  submit a request for specific additional resources | 
      
        |  | to the judicial committee for additional resources. | 
      
        |  | Sec. 74.254.  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.  The office of court administration shall | 
      
        |  | provide staff support to the committee. | 
      
        |  | (c)  On receipt of a request for additional resources from a | 
      
        |  | presiding judge of an administrative judicial region under Section | 
      
        |  | 74.253, 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 74.252.  If the committee | 
      
        |  | determines that the case does require additional resources, the | 
      
        |  | committee shall make available the resources requested by the trial | 
      
        |  | judge 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 (f), 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)  information and communication technology, | 
      
        |  | including case management software, video teleconferencing, and | 
      
        |  | specially designed courtroom presentation hardware or software to | 
      
        |  | facilitate presentation of the evidence to the trier of fact; | 
      
        |  | (4)  specialized continuing legal education; | 
      
        |  | (5)  an associate judge; | 
      
        |  | (6)  special accommodations or furnishings for the | 
      
        |  | parties; | 
      
        |  | (7)  other services or items determined necessary to | 
      
        |  | try the case; and | 
      
        |  | (8)  any other resources the committee considers | 
      
        |  | appropriate. | 
      
        |  | (e)  Notwithstanding any provision of Subchapter C, a | 
      
        |  | justice or judge to whom Section 74.053(d) applies may not be | 
      
        |  | assigned under Subsection (d). | 
      
        |  | (f)  The judicial committee for additional resources may not | 
      
        |  | provide additional resources under this subchapter in an amount | 
      
        |  | that is more than the amount appropriated for this purpose. | 
      
        |  | Sec. 74.255.  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. 74.256.  NO STAY OR CONTINUANCE PENDING DETERMINATION. | 
      
        |  | The filing of a motion under Section 74.253 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. 74.257.  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 7.05.  (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 74.252, Government Code, as added by this article.  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 March 1, 2012. | 
      
        |  | (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 74.252, | 
      
        |  | Government Code, as added by this article, not later than May 1, | 
      
        |  | 2012. | 
      
        |  | SECTION 7.06.  The changes in law made by this article apply | 
      
        |  | to cases pending on or after May 1, 2012. | 
      
        |  | ARTICLE 8.  GRANT PROGRAMS | 
      
        |  | SECTION 8.01.  Subchapter C, Chapter 72, Government Code, is | 
      
        |  | amended by adding Section 72.029 to read as follows: | 
      
        |  | Sec. 72.029.  GRANTS FOR COURT SYSTEM ENHANCEMENTS.  (a)  The | 
      
        |  | office 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 or | 
      
        |  | otherwise carry out the purposes of this chapter. | 
      
        |  | (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, including initiatives to | 
      
        |  | develop programs to more efficiently manage cases that require | 
      
        |  | special judicial attention, or otherwise carry out the purposes of | 
      
        |  | this chapter; and | 
      
        |  | (2)  apply for the grant in accordance with procedures | 
      
        |  | developed by the office and comply with any other requirements of | 
      
        |  | the office. | 
      
        |  | (c)  The judicial committee for additional resources shall | 
      
        |  | determine whether to award a grant to a county that meets the | 
      
        |  | eligibility requirements prescribed by Subsection (b). | 
      
        |  | (d)  If the judicial committee for additional resources | 
      
        |  | awards a grant to a county, the office shall: | 
      
        |  | (1)  direct the comptroller to distribute the grant | 
      
        |  | money to the county; and | 
      
        |  | (2)  monitor the county's use of the grant money. | 
      
        |  | (e)  The office may accept gifts, grants, and donations for | 
      
        |  | purposes of this section.  The office may not use state funds to | 
      
        |  | provide a grant under this section or to administer the grant | 
      
        |  | program. | 
      
        |  | SECTION 8.02.  Subchapter A, Chapter 22, Government Code, is | 
      
        |  | amended by adding Section 22.017 to read as follows: | 
      
        |  | Sec. 22.017.  GRANTS FOR CHILD PROTECTION.  (a)  In this | 
      
        |  | section, "commission" means the Permanent Judicial Commission for | 
      
        |  | Children, Youth and Families established by the supreme court. | 
      
        |  | (b)  The commission shall develop and administer a program to | 
      
        |  | provide grants from available funds for initiatives that will | 
      
        |  | improve safety and permanency outcomes, enhance due process, or | 
      
        |  | increase the timeliness of resolution in child protection cases. | 
      
        |  | (c)  To be eligible for a grant under this section, a | 
      
        |  | prospective recipient must: | 
      
        |  | (1)  use the grant money to improve safety or | 
      
        |  | permanency outcomes, enhance due process, or increase timeliness of | 
      
        |  | resolution in child protection cases; and | 
      
        |  | (2)  apply for the grant in accordance with procedures | 
      
        |  | developed by the commission and comply with any other requirements | 
      
        |  | of the supreme court. | 
      
        |  | (d)  If the commission awards a grant, the commission shall: | 
      
        |  | (1)  direct the comptroller to distribute the grant | 
      
        |  | money; and | 
      
        |  | (2)  monitor the use of the grant money. | 
      
        |  | (e)  The commission may accept gifts, grants, and donations | 
      
        |  | for purposes of this section.  The commission may not use state | 
      
        |  | funds to provide a grant under this section or to administer the | 
      
        |  | grant program. | 
      
        |  | ARTICLE 9.  VEXATIOUS LITIGANTS | 
      
        |  | SECTION 9.01.  Subdivision (3), Section 11.001, Civil | 
      
        |  | Practice and Remedies Code, is amended to read as follows: | 
      
        |  | (3)  "Local administrative judge" means a local | 
      
        |  | administrative district judge, a local administrative statutory | 
      
        |  | probate court judge, or a local administrative statutory county | 
      
        |  | court judge. | 
      
        |  | SECTION 9.02.  Section 11.101, Civil Practice and Remedies | 
      
        |  | Code, is amended by adding Subsection (c) to read as follows: | 
      
        |  | (c)  A litigant may appeal from a prefiling order entered | 
      
        |  | under Subsection (a) designating the person a vexatious litigant. | 
      
        |  | SECTION 9.03.  Section 11.102, Civil Practice and Remedies | 
      
        |  | Code, is amended by adding Subsection (c) to read as follows: | 
      
        |  | (c)  A decision of a local administrative judge denying a | 
      
        |  | litigant permission to file a litigation under Subsection (a), or | 
      
        |  | conditioning permission to file a litigation on the furnishing of | 
      
        |  | security under Subsection (b), is not grounds for appeal, except | 
      
        |  | that the litigant may apply for a writ of mandamus with the court of | 
      
        |  | appeals not later than the 30th day after the date of the decision. | 
      
        |  | The denial of a writ of mandamus by the court of appeals is not | 
      
        |  | grounds for appeal to the supreme court or court of criminal | 
      
        |  | appeals. | 
      
        |  | SECTION 9.04.  Section 11.103, Civil Practice and Remedies | 
      
        |  | Code, is amended by amending Subsection (a) and adding Subsection | 
      
        |  | (d) to read as follows: | 
      
        |  | (a)  Except as provided by Subsection (d), a [ A] clerk of a | 
      
        |  | court may not file a litigation, original proceeding, appeal, or | 
      
        |  | other claim presented by a vexatious litigant subject to a | 
      
        |  | prefiling order under Section 11.101 unless the litigant obtains an | 
      
        |  | order from the local administrative judge permitting the filing. | 
      
        |  | (d)  A clerk of a court of appeals may file an appeal from a | 
      
        |  | prefiling order entered under Section 11.101 designating a person a | 
      
        |  | vexatious litigant or a timely filed writ of mandamus under Section | 
      
        |  | 11.102(c). | 
      
        |  | SECTION 9.05.  Section 11.104, Civil Practice and Remedies | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | Sec. 11.104.  NOTICE TO OFFICE OF COURT ADMINISTRATION; | 
      
        |  | DISSEMINATION OF LIST.  (a)  A clerk of a court shall provide the | 
      
        |  | Office of Court Administration of the Texas Judicial System a copy | 
      
        |  | of any prefiling order issued under Section 11.101 not later than | 
      
        |  | the 30th day after the date the prefiling order is signed. | 
      
        |  | (b)  The Office of Court Administration of the Texas Judicial | 
      
        |  | System shall post on the agency's Internet website [ maintain] a | 
      
        |  | list of vexatious litigants subject to prefiling orders under | 
      
        |  | Section 11.101 [ and shall annually send the list to the clerks of  | 
      
        |  | the courts of this state].  On request of a person designated a | 
      
        |  | vexatious litigant, the list shall indicate whether the person | 
      
        |  | designated a vexatious litigant has filed an appeal of that | 
      
        |  | designation. | 
      
        |  | SECTION 9.06.  The posting, before the effective date of | 
      
        |  | this article, of the name of a person designated a vexatious | 
      
        |  | litigant under Chapter 11, Civil Practice and Remedies Code, on a | 
      
        |  | list of vexatious litigants on the Internet website of the Office of | 
      
        |  | Court Administration of the Texas Judicial System is not: | 
      
        |  | (1)  grounds for a cause of action; | 
      
        |  | (2)  a defense against a finding that a plaintiff is a | 
      
        |  | vexatious litigant under Chapter 11, Civil Practice and Remedies | 
      
        |  | Code; or | 
      
        |  | (3)  grounds for relief or appeal from a stay, order, or | 
      
        |  | dismissal or any other action taken by a court or a clerk of a court | 
      
        |  | under Chapter 11, Civil Practice and Remedies Code. | 
      
        |  | ARTICLE 10.  STUDY BY OFFICE OF COURT ADMINISTRATION OF TEXAS | 
      
        |  | JUDICIAL SYSTEM | 
      
        |  | SECTION 10.01.  In this article, "office of court | 
      
        |  | administration" means the Office of Court Administration of the | 
      
        |  | Texas Judicial System. | 
      
        |  | SECTION 10.02.  (a)  The office of court administration | 
      
        |  | shall study the district courts and statutory county courts of this | 
      
        |  | state to determine overlapping jurisdiction in civil cases in which | 
      
        |  | the amount in controversy is more than $200,000.  The study must | 
      
        |  | determine the feasibility, efficiency, and potential cost of | 
      
        |  | converting to district courts those statutory county courts with | 
      
        |  | jurisdiction in civil cases in which the amount in controversy is | 
      
        |  | more than $200,000. | 
      
        |  | (b)  Not later than January 1, 2013, the office of court | 
      
        |  | administration shall submit a report regarding the determinations | 
      
        |  | made by the office relating to statutory county courts to the | 
      
        |  | governor, the lieutenant governor, the speaker of the house of | 
      
        |  | representatives, the chairs of the standing committees of the | 
      
        |  | senate and house of representatives with primary jurisdiction over | 
      
        |  | the judicial system, and the commissioners court of any county with | 
      
        |  | a statutory county court with jurisdiction in civil cases in which | 
      
        |  | the amount in controversy is more than $200,000. | 
      
        |  | (c)  The office of court administration may accept gifts, | 
      
        |  | grants, and donations to conduct the study under this section.  The | 
      
        |  | office of court administration may not use state funds to conduct | 
      
        |  | the study and, notwithstanding Subsection (a) of this section, is | 
      
        |  | required to conduct the study only to the extent gifts, grants, and | 
      
        |  | donations are available for that purpose. | 
      
        |  | ARTICLE 11.  SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP | 
      
        |  | SECTION 11.01.  Section 263.601, Family Code, is amended by | 
      
        |  | amending Subdivision (1) and adding Subdivision (3-a) to read as | 
      
        |  | follows: | 
      
        |  | (1)  "Foster care" means a voluntary residential living | 
      
        |  | arrangement with a foster parent or other residential child-care | 
      
        |  | provider that is: | 
      
        |  | (A)  licensed or approved by the department or | 
      
        |  | verified by a licensed child-placing agency; and | 
      
        |  | (B)  paid under a contract with the department. | 
      
        |  | (3-a)  "Trial independence period" means a period of | 
      
        |  | not less than six months, or a longer period as a court may order not | 
      
        |  | to exceed 12 months, during which a young adult exits foster care | 
      
        |  | with the option to return to foster care under the continuing | 
      
        |  | extended jurisdiction of the court. | 
      
        |  | SECTION 11.02.  Section 263.602, Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 263.602.  EXTENDED JURISDICTION.  (a) A court that had | 
      
        |  | continuing, exclusive jurisdiction over a young adult on the day | 
      
        |  | before [ may, at] the young adult's 18th birthday continues to have | 
      
        |  | extended [ request, render an order that extends the court's] | 
      
        |  | jurisdiction over the young adult and shall retain the case on the | 
      
        |  | court's docket while the young adult remains in extended foster | 
      
        |  | care and during a trial independence period described [ as provided] | 
      
        |  | by this section [ subchapter]. | 
      
        |  | (b)  A court with extended jurisdiction over a young adult | 
      
        |  | who remains in extended foster care shall conduct extended foster | 
      
        |  | care review hearings every six months for the purpose of reviewing | 
      
        |  | and making findings regarding: | 
      
        |  | (1)  whether the young adult's living arrangement is | 
      
        |  | safe and appropriate and whether the department has made reasonable | 
      
        |  | efforts to place the young adult in the least restrictive | 
      
        |  | environment necessary to meet the young adult's needs; | 
      
        |  | (2)  whether the department is making reasonable | 
      
        |  | efforts to finalize the permanency plan that is in effect for the | 
      
        |  | young adult, including a permanency plan for independent living; | 
      
        |  | (3)  whether, for a young adult whose permanency plan | 
      
        |  | is independent living: | 
      
        |  | (A)  the young adult participated in the | 
      
        |  | development of the plan of service; | 
      
        |  | (B)  the young adult's plan of service reflects | 
      
        |  | the independent living skills and appropriate services needed to | 
      
        |  | achieve independence by the projected date; and | 
      
        |  | (C)  the young adult continues to make reasonable | 
      
        |  | progress in developing the skills needed to achieve independence by | 
      
        |  | the projected date; and | 
      
        |  | (4)  whether additional services that the department is | 
      
        |  | authorized to provide are needed to meet the needs of the young | 
      
        |  | adult [ The extended jurisdiction of the court terminates on the  | 
      
        |  | earlier of: | 
      
        |  | [ (1)  the young adult's 21st birthday; or | 
      
        |  | [ (2)  the date the young adult withdraws consent to the  | 
      
        |  | extension of the court's jurisdiction in writing or in court]. | 
      
        |  | (c)  Not later than the 10th day before the date set for a | 
      
        |  | hearing under this section, the department shall file with the | 
      
        |  | court a copy of the young adult's plan of service and a report that | 
      
        |  | addresses the issues described by Subsection (b). | 
      
        |  | (d)  Notice of an extended foster care review hearing shall | 
      
        |  | be given as provided by Rule 21a, Texas Rules of Civil Procedure, to | 
      
        |  | the following persons, each of whom has a right to present evidence | 
      
        |  | and be heard at the hearing: | 
      
        |  | (1)  the young adult who is the subject of the suit; | 
      
        |  | (2)  the department; | 
      
        |  | (3)  the foster parent with whom the young adult is | 
      
        |  | placed and the administrator of a child-placing agency responsible | 
      
        |  | for placing the young adult, if applicable; | 
      
        |  | (4)  the director of the residential child-care | 
      
        |  | facility or other approved provider with whom the young adult is | 
      
        |  | placed, if applicable; | 
      
        |  | (5)  each parent of the young adult whose parental | 
      
        |  | rights have not been terminated and who is still actively involved | 
      
        |  | in the life of the young adult; | 
      
        |  | (6)  a legal guardian of the young adult, if | 
      
        |  | applicable; and | 
      
        |  | (7)  the young adult's attorney ad litem, guardian ad | 
      
        |  | litem, and volunteer advocate, the appointment of which has not | 
      
        |  | been previously dismissed by the court. | 
      
        |  | (e)  If, after reviewing the young adult's plan of service | 
      
        |  | and the report filed under Subsection (c), and any additional | 
      
        |  | testimony and evidence presented at the review hearing, the court | 
      
        |  | determines that the young adult is entitled to additional services, | 
      
        |  | the court may order the department to take appropriate action to | 
      
        |  | ensure that the young adult receives those services. | 
      
        |  | (f)  A court with extended jurisdiction over a young adult as | 
      
        |  | described in Subsection (a) shall continue to have jurisdiction | 
      
        |  | over the young adult and shall retain the case on the court's docket | 
      
        |  | until the earlier of: | 
      
        |  | (1)  the last day of the: | 
      
        |  | (A)  sixth month after the date the young adult | 
      
        |  | leaves foster care; or | 
      
        |  | (B)  12th month after the date the young adult | 
      
        |  | leaves foster care if specified in a court order, for the purpose of | 
      
        |  | allowing the young adult to pursue a trial independence period; or | 
      
        |  | (2)  the young adult's 21st birthday. | 
      
        |  | (g)  A court with extended jurisdiction described by this | 
      
        |  | section is not required to conduct periodic hearings for a young | 
      
        |  | adult during a trial independence period and may not compel a young | 
      
        |  | adult who has exited foster care to attend a court hearing. | 
      
        |  | SECTION 11.03.  Subchapter G, Chapter 263, Family Code, is | 
      
        |  | amended by adding Section 263.6021 to read as follows: | 
      
        |  | Sec. 263.6021.  VOLUNTARY EXTENDED JURISDICTION FOR YOUNG | 
      
        |  | ADULT RECEIVING TRANSITIONAL LIVING SERVICES. | 
      
        |  | (a)  Notwithstanding Section 263.602, a court that had continuing, | 
      
        |  | exclusive jurisdiction over a young adult on the day before the | 
      
        |  | young adult's 18th birthday may, at the young adult's request, | 
      
        |  | render an order that extends the court's jurisdiction beyond the | 
      
        |  | end of a trial independence period if the young adult receives | 
      
        |  | transitional living services from the department. | 
      
        |  | (b)  The extended jurisdiction of the court under this | 
      
        |  | section terminates on the earlier of: | 
      
        |  | (1)  the young adult's 21st birthday; or | 
      
        |  | (2)  the date the young adult withdraws consent to the | 
      
        |  | extension of the court's jurisdiction in writing or in court. | 
      
        |  | (c)  At the request of a young adult who is receiving | 
      
        |  | transitional living services from the department and who consents | 
      
        |  | to voluntary extension of the court's jurisdiction under this | 
      
        |  | section, the court may hold a hearing to review the services the | 
      
        |  | young adult is receiving. | 
      
        |  | (d)  Before a review hearing scheduled under this section, | 
      
        |  | the department must file with the court a report summarizing the | 
      
        |  | young adult's transitional living services plan, services being | 
      
        |  | provided to the young adult under that plan, and the young adult's | 
      
        |  | progress in achieving independence. | 
      
        |  | (e)  If, after reviewing the report and any additional | 
      
        |  | testimony and evidence presented at the hearing, the court | 
      
        |  | determines that the young adult is entitled to additional services, | 
      
        |  | the court may order the department to take appropriate action to | 
      
        |  | ensure that the young adult receives those services. | 
      
        |  | SECTION 11.04.  Subsections (a) and (c), Section 263.603, | 
      
        |  | Family Code, are amended to read as follows: | 
      
        |  | (a)  Notwithstanding Section 263.6021 [ 263.602], if the | 
      
        |  | court believes that a young adult may be incapacitated as defined by | 
      
        |  | Section 601(14)(B), Texas Probate Code, the court may extend its | 
      
        |  | jurisdiction on its own motion without the young adult's consent to | 
      
        |  | allow the department to refer the young adult to the Department of | 
      
        |  | Aging and Disability Services for guardianship services as required | 
      
        |  | by Section 48.209, Human Resources Code. | 
      
        |  | (c)  If the Department of Aging and Disability Services | 
      
        |  | determines a guardianship is not appropriate, or the court with | 
      
        |  | probate jurisdiction denies the application to appoint a guardian, | 
      
        |  | the court under Subsection (a) may continue to extend its | 
      
        |  | jurisdiction over the young adult only as provided by Section | 
      
        |  | 263.602 or 263.6021. | 
      
        |  | SECTION 11.05.  Section 263.609, Family Code, is repealed. | 
      
        |  | SECTION 11.06.  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 on the 91st day after | 
      
        |  | the last day of the legislative session. | 
      
        |  | ARTICLE 12.  INMATE LITIGATION | 
      
        |  | SECTION 12.01.  Subsection (a), Section 14.002, Civil | 
      
        |  | Practice and Remedies Code, is amended to read as follows: | 
      
        |  | (a)  This chapter applies only to an action, including an | 
      
        |  | appeal or original proceeding, [ a suit] brought by an inmate in a | 
      
        |  | district, county, justice of the peace, or small claims court or an | 
      
        |  | appellate court, including the supreme court or the court of | 
      
        |  | criminal appeals, in which an affidavit or unsworn declaration of | 
      
        |  | inability to pay costs is filed by the inmate. | 
      
        |  | SECTION 12.02.  Subsections (a) and (b), Section 14.004, | 
      
        |  | Civil Practice and Remedies Code, are amended to read as follows: | 
      
        |  | (a)  An inmate who files an affidavit or unsworn declaration | 
      
        |  | of inability to pay costs shall file a separate affidavit or | 
      
        |  | declaration: | 
      
        |  | (1)  identifying each action [ suit], other than an | 
      
        |  | action [ a suit] under the Family Code, previously brought by the | 
      
        |  | person and in which the person was not represented by an attorney, | 
      
        |  | without regard to whether the person was an inmate at the time the | 
      
        |  | action [ suit] was brought; and | 
      
        |  | (2)  describing each action [ suit] that was previously | 
      
        |  | brought by: | 
      
        |  | (A)  stating the operative facts for which relief | 
      
        |  | was sought; | 
      
        |  | (B)  listing the case name, cause number, and the | 
      
        |  | court in which the action [ suit] was brought; | 
      
        |  | (C)  identifying each party named in the action | 
      
        |  | [ suit]; and | 
      
        |  | (D)  stating the result of the action [ suit], | 
      
        |  | including whether the action or a claim that was a basis for the | 
      
        |  | action [ suit] was dismissed as frivolous or malicious under Section | 
      
        |  | 13.001 or Section 14.003 or otherwise. | 
      
        |  | (b)  If the affidavit or unsworn declaration filed under this | 
      
        |  | section states that a previous action or claim [ suit] was dismissed | 
      
        |  | as frivolous or malicious, the affidavit or unsworn declaration | 
      
        |  | must state the date of the final order affirming the dismissal. | 
      
        |  | SECTION 12.03.  Subsection (a), Section 14.007, Civil | 
      
        |  | Practice and Remedies Code, is amended to read as follows: | 
      
        |  | (a)  An order of a court under Section 14.006(a) shall | 
      
        |  | include the costs described by Subsection (b) if the court finds | 
      
        |  | that: | 
      
        |  | (1)  the inmate has previously filed an action to which | 
      
        |  | this chapter applies [ in a district, county, justice of the peace,  | 
      
        |  | or small claims court]; and | 
      
        |  | (2)  a final order has been issued that affirms that the | 
      
        |  | action was dismissed as frivolous or malicious under Section 13.001 | 
      
        |  | or Section 14.003 or otherwise. | 
      
        |  | SECTION 12.04.  The change in law made by this article | 
      
        |  | applies only to an action brought on or after the effective date of | 
      
        |  | this Act. An action brought before the effective date of this Act is | 
      
        |  | governed by the law in effect immediately before the effective date | 
      
        |  | of this Act, and that law is continued in effect for that purpose. | 
      
        |  | ARTICLE 13.  PROVISIONS RELATED TO EXEMPTING CERTAIN JUDICIAL | 
      
        |  | OFFICERS FROM CERTAIN CONCEALED HANDGUN LICENSING REQUIREMENTS | 
      
        |  | SECTION 13.01.  Subdivision (1), Subsection (a), Section | 
      
        |  | 411.201, Government Code, is amended to read as follows: | 
      
        |  | (1)  "Active judicial officer" means: | 
      
        |  | (A)  a person serving as a judge or justice of the | 
      
        |  | supreme court, the court of criminal appeals, a court of appeals, a | 
      
        |  | district court, a criminal district court, a constitutional county | 
      
        |  | court, a statutory county court, a justice court, or a municipal | 
      
        |  | court; [ or] | 
      
        |  | (B)  a federal judge who is a resident of this | 
      
        |  | state; or | 
      
        |  | (C)  a person appointed and serving as an | 
      
        |  | associate judge under Chapter 201, Family Code. | 
      
        |  | SECTION 13.02.  Subsection (a), Section 46.15, Penal Code, | 
      
        |  | is amended to read as follows: | 
      
        |  | (a)  Sections 46.02 and 46.03 do not apply to: | 
      
        |  | (1)  peace officers or special investigators under | 
      
        |  | Article 2.122, Code of Criminal Procedure, and neither section | 
      
        |  | prohibits a peace officer or special investigator from carrying a | 
      
        |  | weapon in this state, including in an establishment in this state | 
      
        |  | serving the public, regardless of whether the peace officer or | 
      
        |  | special investigator is engaged in the actual discharge of the | 
      
        |  | officer's or investigator's duties while carrying the weapon; | 
      
        |  | (2)  parole officers and neither section prohibits an | 
      
        |  | officer from carrying a weapon in this state if the officer is: | 
      
        |  | (A)  engaged in the actual discharge of the | 
      
        |  | officer's duties while carrying the weapon; and | 
      
        |  | (B)  in compliance with policies and procedures | 
      
        |  | adopted by the Texas Department of Criminal Justice regarding the | 
      
        |  | possession of a weapon by an officer while on duty; | 
      
        |  | (3)  community supervision and corrections department | 
      
        |  | officers appointed or employed under Section 76.004, Government | 
      
        |  | Code, and neither section prohibits an officer from carrying a | 
      
        |  | weapon in this state if the officer is: | 
      
        |  | (A)  engaged in the actual discharge of the | 
      
        |  | officer's duties while carrying the weapon; and | 
      
        |  | (B)  authorized to carry a weapon under Section | 
      
        |  | 76.0051, Government Code; | 
      
        |  | (4)  an active judicial officer as defined by Section | 
      
        |  | 411.201, Government Code, [ a judge or justice of a federal court,  | 
      
        |  | the supreme court, the court of criminal appeals, a court of  | 
      
        |  | appeals, a district court, a criminal district court, a  | 
      
        |  | constitutional county court, a statutory county court, a justice  | 
      
        |  | court, or a municipal court] who is licensed to carry a concealed | 
      
        |  | handgun under Subchapter H, Chapter 411, Government Code; | 
      
        |  | (5)  an honorably retired peace officer or federal | 
      
        |  | criminal investigator who holds a certificate of proficiency issued | 
      
        |  | under Section 1701.357, Occupations Code, and is carrying a photo | 
      
        |  | identification that: | 
      
        |  | (A)  verifies that the officer honorably retired | 
      
        |  | after not less than 15 years of service as a commissioned officer; | 
      
        |  | and | 
      
        |  | (B)  is issued by a state or local law enforcement | 
      
        |  | agency; | 
      
        |  | (6)  a district attorney, criminal district attorney, | 
      
        |  | county attorney, or municipal attorney who is licensed to carry a | 
      
        |  | concealed handgun under Subchapter H, Chapter 411, Government Code; | 
      
        |  | (7)  an assistant district attorney, assistant | 
      
        |  | criminal district attorney, or assistant county attorney who is | 
      
        |  | licensed to carry a concealed handgun under Subchapter H, Chapter | 
      
        |  | 411, Government Code; | 
      
        |  | (8)  a bailiff designated by an active judicial officer | 
      
        |  | as defined by Section 411.201, Government Code, who is: | 
      
        |  | (A)  licensed to carry a concealed handgun under | 
      
        |  | Chapter 411, Government Code; and | 
      
        |  | (B)  engaged in escorting the judicial officer; or | 
      
        |  | (9)  a juvenile probation officer who is authorized to | 
      
        |  | carry a firearm under Section 142.006, Human Resources Code. | 
      
        |  | SECTION 13.03.  The change in law made by this article to | 
      
        |  | Section 46.15, Penal Code, applies only to an offense committed on | 
      
        |  | or after the effective date of this article.  An offense committed | 
      
        |  | before the effective date of this article is covered by the law in | 
      
        |  | effect when 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 the effective date of this article | 
      
        |  | if any element of the offense occurred before that date. | 
      
        |  | SECTION 13.04.  This article takes effect on the 91st day | 
      
        |  | after the last day of the legislative session. | 
      
        |  | ARTICLE 14.  COURT COSTS | 
      
        |  | SECTION 14.01.  Subsection (b), Section 51.005, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (b)  The fees are: | 
      
        |  | (1)  application for petition for review [ writ of  | 
      
        |  | error]$ 50 | 
      
        |  | (2)  additional fee if application for petition for | 
      
        |  | review [ writ of error] is granted$ 75 | 
      
        |  | (3)  motion for leave to file petition for writ of | 
      
        |  | mandamus, prohibition, injunction, and other similar proceedings | 
      
        |  | originating in the supreme court$ 50 | 
      
        |  | (4)  additional fee if a motion under Subdivision (3) | 
      
        |  | is granted$ 75 | 
      
        |  | (5)  certified question from a federal court of appeals | 
      
        |  | to the supreme court$ 75 | 
      
        |  | (6)  case appealed to the supreme court from the | 
      
        |  | district court by direct appeal$100 | 
      
        |  | (7)  any   other   proceeding   filed   in   the    supreme | 
      
        |  | court$ 75. | 
      
        |  | SECTION 14.02.  Subsection (a), Section 51.207, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (a)  The clerk of a court of appeals shall collect the fees | 
      
        |  | described in Subsection (b) in a civil case before the court for the | 
      
        |  | following services: | 
      
        |  | (1)  filing records, applications, motions, briefs, | 
      
        |  | and other necessary and proper papers; | 
      
        |  | (2)  docketing and making docket and minute book | 
      
        |  | entries; | 
      
        |  | (3)  issuing notices, citations, processes, and | 
      
        |  | mandates; | 
      
        |  | (4)  preparing transcripts on application for petition | 
      
        |  | for review [ writ of error] to the supreme court; and | 
      
        |  | (5)  performing other necessary clerical duties. | 
      
        |  | SECTION 14.03.  Section 101.021, Government Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | Sec. 101.021.  SUPREME COURT FEES AND COSTS:  GOVERNMENT | 
      
        |  | CODE.  The clerk of the supreme court shall collect fees and costs | 
      
        |  | as follows: | 
      
        |  | (1)  application for petition for review [ writ of  | 
      
        |  | error] (Sec. 51.005, Government Code) . . . $50; | 
      
        |  | (2)  additional fee if application for petition for | 
      
        |  | review [ writ of error] is granted (Sec. 51.005, Government Code) | 
      
        |  | . . . $75; | 
      
        |  | (3)  motion for leave to file petition for writ of | 
      
        |  | mandamus, prohibition, injunction, and other similar proceedings | 
      
        |  | originating in the supreme court (Sec. 51.005, Government Code) | 
      
        |  | . . . $50; | 
      
        |  | (4)  additional fee if a motion under Subdivision (3) | 
      
        |  | is granted (Sec. 51.005, Government Code) . . . $75; | 
      
        |  | (5)  certified question from a federal court of appeals | 
      
        |  | to the supreme court (Sec. 51.005, Government Code) . . . $75; | 
      
        |  | (6)  case appealed to the supreme court from the | 
      
        |  | district court by direct appeal (Sec. 51.005, Government Code) | 
      
        |  | . . . $100; | 
      
        |  | (7)  any other proceeding filed in the supreme court | 
      
        |  | (Sec. 51.005, Government Code) . . . $75; | 
      
        |  | (8)  administering an oath and giving a sealed | 
      
        |  | certificate of the oath (Sec. 51.005, Government Code) . . . $5; | 
      
        |  | (9)  making certain copies, including certificate and | 
      
        |  | seal (Sec. 51.005, Government Code) . . . $5, or $0.50 per page if | 
      
        |  | more than 10 pages; | 
      
        |  | (10)  any official service performed by the clerk for | 
      
        |  | which a fee is not otherwise provided (Sec. 51.005, Government | 
      
        |  | Code) . . . reasonable amount set by order or rule of supreme court; | 
      
        |  | (10-a)  supreme court support account filing fee (Sec. | 
      
        |  | 51.0051, Government Code) . . . amount set by the supreme court, | 
      
        |  | not to exceed $50; | 
      
        |  | (11)  issuance of attorney's license or certificate | 
      
        |  | (Sec. 51.006, Government Code) . . . $10; and | 
      
        |  | (12)  additional filing fee to fund civil legal | 
      
        |  | services for the indigent (Sec. 51.941, Government Code) . . . $25. | 
      
        |  | ARTICLE 15.  COMPOSITION OF CERTAIN COUNTY JUVENILE BOARDS | 
      
        |  | SECTION 15.01.  Subsection (a), Section 152.2051, Human | 
      
        |  | Resources Code, is amended to read as follows: | 
      
        |  | (a)  The Rockwall County Juvenile Board is composed of: | 
      
        |  | (1)  the judge of the County Court at Law of Rockwall | 
      
        |  | County; | 
      
        |  | (2)  the district judges [ judge] in Rockwall County; | 
      
        |  | (3)  one county commissioner appointed by the | 
      
        |  | commissioners court; | 
      
        |  | (4)  one member of the board of trustees of the Rockwall | 
      
        |  | Independent School District selected by the board of trustees of | 
      
        |  | the Rockwall Independent School District; and | 
      
        |  | (5)  one member of the board of trustees of the Royse | 
      
        |  | City Independent School District selected by the board of trustees | 
      
        |  | of the Royse City Independent School District. | 
      
        |  | ARTICLE 16.  NO APPROPRIATION; EFFECTIVE DATE | 
      
        |  | SECTION 16.01.  This Act does not make an appropriation.  A | 
      
        |  | provision in this Act that creates a new governmental program, | 
      
        |  | creates a new entitlement, or imposes a new duty on a governmental | 
      
        |  | entity is not mandatory during a fiscal period for which the | 
      
        |  | legislature has not made a specific appropriation to implement the | 
      
        |  | provision. | 
      
        |  | SECTION 16.02.  Except as otherwise provided by this Act, | 
      
        |  | this Act takes effect January 1, 2012. | 
      
        |  | 
      
        |  | 
      
        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
        |  | 
      
        |  | 
      
        |  | I certify that H.B. No. 79 was passed by the House on June 22, | 
      
        |  | 2011, by the following vote:  Yeas 117, Nays 18, 1 present, not | 
      
        |  | voting; and that the House concurred in Senate amendments to H.B. | 
      
        |  | No. 79 on June 29, 2011, by the following vote:  Yeas 94, Nays 44, 1 | 
      
        |  | present, not voting. | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
        |  | 
      
        |  | I certify that H.B. No. 79 was passed by the Senate, with | 
      
        |  | amendments, on June 27, 2011, by the following vote:  Yeas 28, Nays | 
      
        |  | 3. | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
        |  | APPROVED: __________________ | 
      
        |  | Date | 
      
        |  |  | 
      
        |  | __________________ | 
      
        |  | Governor |