Legislative Blog
J.B. Williams, J.D.
Judicial Branch modifications
A Blog about 88th Legislature Laws
A Bit of Background
The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.
Brief Summary of Texas
Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.
Summary of 88th Legislature Laws
The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.
Blog Summary
Along with the specific addition of Courts or shifting of focus of courts, they created a counsel to review the courts workload every 2 years. This should hopefully avoid the extreme overload of some courts by recommending shifting or creation of new courts.
Payment for jury service changed, and permanent exemption based upon age modified to 75 years of age. There are also changes to requirement for sending out notice of jury service to include penalties for failure to respond.
There are some other minor modifications that deal with court reporters and depositions. Things with which most people will never have to deal with.
Judicial Branch modifications
Published: 2024-02-07
Appellate judges and supreme court judges are entitled to travel and other necessary expenses when traveling to a county outside their residence to discharge their official duties. They are to be reimbursed postage, telegraph, and telephone expenses in the discharge of their duties.
The 465th District Court, in Bastrop County, is composed of Bastrop County and was created on September 1, 2023.
Bexar County is given Probate Court No 3 of Bexar County.
The 472nd District Court, in Brazos County, is composed of Brazos County; and is primarily responsible for cases involving civil matters, family law matters, and juvenile matters. It was created on September 1, 2023.
Cameron County now has County Court at Law No 1, 2, 3, and 5; as well as, one statutory probate Court called the Probate Court No 1 of Cameron County. The new Probate Court No 1 was previously the County Court at Law No 4.
The 493rd District Court, in Collin County, is composed of Collin County and shall give preference to civil cases. It was created on September 1, 2023. The 494th District Court, in Collin County, is composed of Collin County and shall give preference to family law matters. It is to be created on September 1, 2024.
The 477th District Court, in Denton County, is composed of Denton County. Denton County is given the Denton County Criminal Law Magistrate Court. This court has the criminal jurisdiction provided in all criminal cases alleging an offense other than an offense punishable only as a Class C misdemeanor; for one where the magistrate or judge has determined there is probably cause the defendant committed the crime alleged; the defendant has been released or is confined in Denton Couty jail; and either the defendant has not yet been charged by information or indictment or the judge has specifically authorized the criminal law magistrate to take actions. Denton County is also provided a jail magistrate. The Denton County juvenile board is composed of the county judge, the district judges in Denton County, and the judge of any county court at law in the county.
The judge fo the 229th District Court in Duval County, with the approval of the Commissioners Court of Duval County, may appoint a full-time or part-time associate judge. A part-time associate judge may engage in the practice of law. The associate judge would have limited jurisdiction based upon what was outlined.
The County Criminal Court at Law No 2 of El Paso County is designated the DWI Drug Court Intervention and Treatment Program of El Paso County as a drug court program for those arrested for, charged with, or convicted of an offense involving operating a motor vehicle while intoxicated.
The Grayson County court at law has original concurrent jurisdiction in all civil and criminal matters over which the justice courts have jurisdiction; and concurrent jurisdiction with the district court in family law cases and proceedings. The Commissioners Court of Grayson County may authorize the district and statutory county courts in Grayson County to appoint one or more part-time or full-time magistrates.
The 486th District Court, in Harris County, is composed of Harris County and shall give preference to criminal cases. The 487th District Court, in Harris County, is composed of Harris County and shall give preference to criminal cases. The 488th District Court, in Harris County, is composed of Harris County and shall give preference to criminal cases. The 495th District Court, in Harris County, is composed of Harris County and shall give preference to criminal cases. The 496th District Court, in Harris County, is composed of Harris County and shall give preference to criminal cases. The 497th District Court, in Harris County, is composed of Harris County and shall give preference to criminal cases. The 495th, 46th, and 497th District Courts are created on October 1, 2024. Harris County is provided Probate Court No. 5 of Harris County effective September 1, 2023.
The 489th District Court, in Kaufman County, is composed of Kaufman County and was created on September 1, 2023.
A district court in Kendall County may sit outside the county seat in a suitable facility designated by the Kendall County Commissioners Court. Such court may hear motions, arguments, nonjury trials, and jury trials for all actions and other matters before the Court and within the court's jurisdiction. The 498th District Court, Kendall County, is composed of Kendall County; and it has concurrent jurisdiction with the other district courts and with the County Court of Kendall County in all civil and criminal matters over which the county court has original or appellate jurisdiction, including probate matters. All matters with concurrent jurisdiction with the county and district courts must be filed in the county clerk's office wiht the county court. The 498th District Court is to be created on October 1, 2025.
McLennan County court at law has concurrent jurisdiction with the district courts in state jail, third degree, and second degree felony cases; and family law cases on assignment from a district judge presiding in McLennan County and the assignment to: conduct arraignments; pretrial hearings; accept guilty please and conduct sentencing; conduct jury trials and nonjury trials; conduct probation revocation hearings; conduct post-trial proceedings; and has jurisdiction in Class A and B misdemeanor cases; probate proceedings; eminent domain matters; appeasl from the justice and municipal courts; and disputes connected to probate, eminent domain, condemnation, or landlord/tenant matters relating to adjudication and determination of land titles and trusts.
Montgomery County continues to have the County Court at Law 1, 3, 4, 5, and 6 of Montgomery County and now as the Probate Court No 1 of Montgomery County, which was previously the County Court at Law 2 of Montgomery County. This was effective October 1, 2023.
The 411th District Court, in Polk County, has concurrent jurisdiction with the county court over all misdemeanor cases under it's jurisdiction under the Constitution and laws of Texas. Cases may be filed in either and may be transferred between the Courts as long as the Court approves the incoming transfer. The county court of law of Polk County has concurrent jurisdiction with the district court in cases involving the collection of delinquent taxes, penalties, interest, and costs and the foreclosure of tax liens; family law cases; and felony cases to conduct arraignments and pre-trial hearings and accept guilty pleas.
The Stephens County court has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction. The county attorney shall represent that state in all criminal cases before the County Court of Stephens County.
The 213th District court, in Tarrant County, shall give preference to criminal cases. The terms of the 371st District Court, in Tarrant County, shall begin on the first Monday in January, April, July, and October. The terms of the 372nd District Court, in Tarrant County, shall begin on the first Monday in January, April, July, and October. The terms of the 396th District Court, in Tarrant County, shall begin on the first Monday in January, April, July, and October. The terms of the 432nd District Court, in Tarrant County, shall begin on the first Monday in January, April, July, and October. The 432nd District Court has concurrent jurisdiction with the county criminal courts in Tarrant County over misdemeanor cases. The terms of the 485th District Court, in Tarrant County, shall begin on the first Monday in January, April, July, and October. The 485th District Court has concurrent original jurisdiction with the county criminal courts in Tarrant County over misdemeanor cases. The Tarrant County Criminal District Court No 1, 2, 3, and 4 have concurrent jurisdiction with the county criminal courts in Tarrant County over misdemeanor matters; and cases may be transferred between the Courts. A county criminal court in Tarrant County is also given concurrent original jurisdiction of criminal cases with a district court other than felony cases involving capital murder. Magistrate judges may not engage in the private practice of law in Tarrant County. Subject to the commissioners court approval, the district courts that give preference to criminal cases, the judges of the criminal district courts, and the judges of the county criminal courts of Tarrant County may use the services of the criminal courts administrator.
Travis County is given Probate Court No 2 of Travis County.
Waller County has the County Court at Law No 1 of Waller County, previously known as the County Court at Law of Waller County; and the County Court at Law No 2 of Waller County.
Wilson County has 1 statutory county court, the County Court at Law of Wilson County.
Multicounty Court at Law
Bee, Live Oak, and McMullen Counties had a multicounty statutory court that is designated the 2nd Multicount Court at Law. This was created on September 1, 2023.
Once every 2 years a caseload analysis of district courts in the 30 most populous counties must be conducted. They need to look at weighted caseload, considering the nature and complexity of the cases heard, and include the following:
- number of cases filed in each of the preceding five fiscal years;
- clearance rate of each district court in the preceding five fiscal years;
- the number of estimated full-time judicial officers servicing the district courts in the county in the preceding state fiscal year;
- number of full-time judicial officers needed to serve the district courts in the county based on the most recent weighted caseload analysis;
- the calendar year for the creation of the most recently created district court in the county; and
- any other information deemed relevant.
The presiding judge may assign a visiting associate judge for the IV-D cases (Attorney general matters) only if:
-
the associate judge is temporarily unable to perform their duties because of:
- illness;
- injury;
- disability;
- personal emergency;
- military service;
- vacation; or
- attendance at continuing legal education program;
- the associate judge requests assistance due to heavy workload or pandemic-related emergency; or
- a vacancy occurs.
The presiding judge may assign a visiting associate judge for an associate judge only if:
-
the associate judge is temporarily unable to perform their duties because of:
- illness;
- injury;
- disability;
- personal emergency;
- military service;
- vacation; or
- attendance at continuing legal education program;
- the associate judge requests assistance due to heavy workload or pandemic-related emergency; or
- a vacancy occurs.
The local administrative probate judge, or for counties without one, the statutory probage judge of the county, may assign a visiting associate judge for an associate judge only if:
-
the associate judge is temporarily unable to perform their duties because of:
- illness;
- injury;
- disability;
- personal emergency;
- military service;
- vacation; or
- attendance at continuing legal education program;
- the associate judge requests assistance due to heavy workload or pandemic-related emergency; or
- a vacancy occurs.
A district attorney or criminal district attorney or state prosecuting attorney and each state prosecutor receives the following compensation;
- (This part not modified) annual compensation equal to at least 80% of the annual salary set by General Appropriations to be paid to a district judge with comparable years of service and;
- (This part added) a monthly amount the district attorney would be paid if they were a judge based upon their years of service.
The amount of money received for jury service is changed as follows:
- at least $20 for the first day or fraction of the first day; and
- at least $58 for each day or fraction of each day in attendance in court in response to process of the first day
Some changes in exemptions from service are as follows:
- exempt because you are over 75 (this use to be 70);
- permanently exemption: by filing with the voter registrar of the county a signed statement affirming that you are over 75 years of age and desire a permanent exemption on that ground
- voter registrar shall maintain a list of each person who has claimed and is entitled to permanent exemption;
- if you claimed a permanent exemption and wish to rescind it, you may do so by filing a signed request for rescission with the voter registrar.
A jury summons must now include notice of the contempt action to which the person summoned is subject to for failure to comply. A juror questionnaire must require a person to provide an electronic address along with the information previously provided. Not sure if they are going to attempt to convert to notice via electronic service in the future but I should hope not. People frequently change email address, fail to check email, or forget log in information for same. I know when I practiced law I had to stay on top of some clients about checking email and not changing it during the pendency of their matter. And this was just a period of less then 9 months, typically.
The clerk of the court must maintain a list of the name and addresses of each person who is disqualified from jury service because of a conviction of misdemeanor theft or a felony. They are exempt from disqualification if:
- they were placed on deferred adjudication and received a dismissal;
- they were placed on community supervision and the period for which was terminated early; or
- they were pardoned or have had their civil rights restored.
There were a multitude of small changes for court reporters, their qualifications, and how they are to be paid when they are not employed directly by a smaller county.
They have modified code for depositions to depositions on written questions. Permitting these to be taken by individuals other than court reporters. It allows witness testimony in court (district or statutory county court) to be conducted by electronic means only if the witness was deposed before the commencement of the trial. This may not be waived by the court or any pearty.
If a party files a statement of inability to afford payment of court costs, they will not be required to pay costs associated with an interpreter that is appointed, unless the statement has been contested and the court so orders payment. This does not apply to interpreter services or other auxiliary aids for individuals who are deaf, hard of hearing, or have communication disabilities. Those are to be provided free of charge pursuant to federal and state law.
Each county auditor, or person so designated by the commissioners court, shall submit information on money the county spent during the preceding fiscal year to provide court-ordered interpretation services in civil and criminal proceedings. The following must be included:
- number of interpretors appointed;
- number of interpretors appointed for parties or witnesses who are indigent;
- amount of money the county spent; and
- for civil proceedings, whether the party filed a statement of inability to afford payment
Updated rules for transferring a probate matter to another county. Requiring:
- a transfer certificate and index of documents;
- a copy of each final order;
- copy of the order of transfer signed by the transferring court;
- copy of the original papers filed in the transferring court, including a copy of any will;
- copy of the transfer certificate and index of documents from any prior transfers;
- a bill of any costs accrued in the transferring court.
They removed the requirement that the executive director be a licensed attorney.
When filing a notice of appeal in a civil matter, no later than the 10th day, a party may notice that they intend to file an appendix that replaces the clerk's record for the appeal. The appendix must accompany the party's appellate brief and be filed not later than the 30th day after the later of:
- the date the party provided notice; or
- the date that the reporter's record was filed with the court of appeals.
An appendix must contain a file-stamped copy of each document required by Rule 34.5, Appellate Procedure, and any other item the party intends to reference in their brief. It may not contain a document not filed with the trial court except by agreement of the parties.
They allow the courts (supreme court, statutory county court, district court, or appellate court) to send notice via the electronic filing system. And it prohibits service of citation or other civil service on a member, office, or employee of the senate or house of representatives during any legislative proceedings.
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