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               AN ACT
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            relating to the operation and administration of and practice and  | 
         
         
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            procedure related to proceedings in the judicial branch of state  | 
         
         
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            government. | 
         
         
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                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
         
         
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            ARTICLE 1. DISTRICT COURTS | 
         
         
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                   SECTION 1.01.  (a)  Effective January 1, 2022, Section  | 
         
         
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            24.129(b), Government Code, is amended to read as follows: | 
         
         
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                   (b)  The 27th, 146th, 169th, 264th, [and] 426th, and 478th | 
         
         
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            judicial districts have concurrent jurisdiction in Bell County. | 
         
         
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                   (b)  Effective January 1, 2022, Subchapter C, Chapter 24,  | 
         
         
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            Government Code, is amended by adding Section 24.60022 to read as  | 
         
         
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            follows: | 
         
         
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                   Sec. 24.60022.  478TH JUDICIAL DISTRICT (BELL COUNTY).  (a)   | 
         
         
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            The 478th Judicial District is composed of Bell County. | 
         
         
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                   (b)  The terms of the 478th District Court begin on the first  | 
         
         
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            Mondays in January, April, July, and October. | 
         
         
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                   (c)  Section 24.129, relating to the 27th District Court,  | 
         
         
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            contains provisions applicable to both that court and the 478th  | 
         
         
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            District Court. | 
         
         
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                   (c)  The 478th Judicial District is created on January 1,  | 
         
         
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            2022. | 
         
         
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                   SECTION 1.02.  (a)  Subchapter C, Chapter 24, Government  | 
         
         
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            Code, is amended by adding Section 24.60027 to read as follows: | 
         
         
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                   Sec. 24.60027.  482ND JUDICIAL DISTRICT (HARRIS COUNTY).   | 
         
         
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            The 482nd Judicial District is composed of Harris County. | 
         
         
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                   (b)  The 482nd Judicial District is created on the effective  | 
         
         
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            date of this Act. | 
         
         
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                   SECTION 1.03.  (a)  Effective January 1, 2022, Subchapter C,  | 
         
         
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            Chapter 24, Government Code, is amended by adding Section 24.60030  | 
         
         
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            to read as follows: | 
         
         
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                   Sec. 24.60030.  485TH JUDICIAL DISTRICT (TARRANT COUNTY).   | 
         
         
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            (a)  The 485th Judicial District is composed of Tarrant County. | 
         
         
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                   (b)  The 485th District Court shall give preference to  | 
         
         
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            criminal matters. | 
         
         
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                   (b)  The 485th Judicial District is created on January 1,  | 
         
         
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            2022. | 
         
         
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                   SECTION 1.04.  (a)  Effective October 1, 2022, Subchapter C,  | 
         
         
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            Chapter 24, Government Code, is amended by adding Section 24.60025  | 
         
         
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            to read as follows: | 
         
         
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                   Sec. 24.60025.  480TH JUDICIAL DISTRICT (WILLIAMSON  | 
         
         
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            COUNTY).  The 480th Judicial District is composed of Williamson  | 
         
         
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            County. | 
         
         
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                   (b)  The 480th Judicial District is created on October 1,  | 
         
         
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            2022. | 
         
         
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                   SECTION 1.05.  (a)  Effective January 1, 2022, Subchapter C,  | 
         
         
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            Chapter 24, Government Code, is amended by adding Section 24.60026  | 
         
         
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            to read as follows: | 
         
         
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                   Sec. 24.60026.  481ST JUDICIAL DISTRICT (DENTON COUNTY).   | 
         
         
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            The 481st Judicial District is composed of Denton County. | 
         
         
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                   (b)  The 481st Judicial District is created on January 1,  | 
         
         
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            2022. | 
         
         
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                   SECTION 1.06.  (a)  Effective September 1, 2022, Subchapter  | 
         
         
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            C, Chapter 24, Government Code, is amended by adding Section  | 
         
         
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            24.60028 to read as follows: | 
         
         
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                   Sec. 24.60028.  483RD JUDICIAL DISTRICT (HAYS COUNTY).  The  | 
         
         
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            483rd Judicial District is composed of Hays County. | 
         
         
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                   (b)  The 483rd Judicial District is created on September 1,  | 
         
         
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            2022. | 
         
         
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                   SECTION 1.07.  (a)  Subchapter C, Chapter 24, Government  | 
         
         
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            Code, is amended by adding Section 24.60029 to read as follows: | 
         
         
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                   Sec. 24.60029.  484TH JUDICIAL DISTRICT (CAMERON COUNTY).   | 
         
         
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            (a)  The 484th Judicial District is composed of Cameron County. | 
         
         
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                   (b)  The 484th District Court shall give preference to  | 
         
         
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            juvenile matters under Title 3, Family Code. | 
         
         
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                   (b)  The 484th Judicial District is created on the effective  | 
         
         
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            date of this Act. | 
         
         
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                   SECTION 1.08.  (a)  Effective October 1, 2022, Section  | 
         
         
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            24.120(b), Government Code, is amended to read as follows: | 
         
         
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                   (b)  The 19th, 54th, 74th, 170th, [and] 414th, and 474th  | 
         
         
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            district courts have concurrent jurisdiction in McLennan County. | 
         
         
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                   (b)  Effective October 1, 2022, Subchapter C, Chapter 24,  | 
         
         
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            Government Code, is amended by adding Section 24.60097 to read as  | 
         
         
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            follows: | 
         
         
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                   Sec. 24.60097.  474TH JUDICIAL DISTRICT (MCLENNAN COUNTY).   | 
         
         
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            The 474th Judicial District is composed of McLennan County. | 
         
         
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                   (c)  The 474th Judicial District is created on October 1,  | 
         
         
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            2022. | 
         
         
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                   SECTION 1.09.  (a)  Effective January 1, 2023, Subchapter C,  | 
         
         
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            Chapter 24, Government Code, is amended by adding Section 24.60098  | 
         
         
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            to read as follows: | 
         
         
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                   Sec. 24.60098.  475TH JUDICIAL DISTRICT (SMITH COUNTY).  The  | 
         
         
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            475th Judicial District is composed of Smith County. | 
         
         
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                   (b)  The 475th Judicial District is created January 1, 2023. | 
         
         
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                   SECTION 1.10.  (a)  Effective September 1, 2022, Subchapter  | 
         
         
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            C, Chapter 24, Government Code, is amended by adding Section  | 
         
         
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            24.60099 to read as follows: | 
         
         
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                   Sec. 24.60099.  476TH JUDICIAL DISTRICT (HIDALGO COUNTY).  | 
         
         
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            The 476th Judicial District is composed of Hidalgo County. | 
         
         
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                   (b)  The 476th Judicial District is created on September 1,  | 
         
         
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            2022. | 
         
         
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            ARTICLE 2.  STATUTORY COUNTY COURTS AND CONSTITUTIONAL COUNTY  | 
         
         
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            COURTS | 
         
         
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                   SECTION 2.01.  Section 25.00211(a), Government Code, is  | 
         
         
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            amended to read as follows: | 
         
         
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                   (a)  Beginning on the first day of the state fiscal year, the  | 
         
         
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            state shall annually compensate each county that collects the  | 
         
         
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            additional fees under Section 51.704 in an amount equal to 60  | 
         
         
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            percent of the annual base salary the state pays to a district judge  | 
         
         
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            as set by the General Appropriations Act in accordance with Section  | 
         
         
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            659.012(a) [$40,000] for each statutory probate court judge in the  | 
         
         
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            county. | 
         
         
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                   SECTION 2.02.  Section 25.0172(p), Government Code, is  | 
         
         
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            amended to read as follows: | 
         
         
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                   (p)  The county clerk shall keep a separate docket for each  | 
         
         
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            county court at law. The county clerk shall appoint a deputy clerk  | 
         
         
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            for each county court at law.  [An appointment of a deputy clerk of  | 
         
         
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            County Court at Law No. 2 or 3 takes effect when it is confirmed in  | 
         
         
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            writing by the judge of the court to which the deputy clerk is  | 
         
         
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            assigned and the deputy clerk serves at the pleasure of the judge of  | 
         
         
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            the court to which he is assigned.]  A deputy clerk must take the  | 
         
         
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            constitutional oath of office and may be required to furnish bond in  | 
         
         
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            an amount, conditioned and payable, as required by the county  | 
         
         
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            clerk.  A deputy clerk must attend all sessions of the court to  | 
         
         
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            which the deputy clerk [he] is assigned.  A deputy clerk acts in the  | 
         
         
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            name of the county clerk and may perform any official act or service  | 
         
         
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            required of the county clerk and shall perform any other service  | 
         
         
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            required by the judge of a county court at law.  The deputy clerks  | 
         
         
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            may act for one another in performing services for the county courts  | 
         
         
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            at law, but a deputy is not entitled to receive additional  | 
         
         
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            compensation for acting for another deputy. If a vacancy occurs,  | 
         
         
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            the county clerk shall immediately appoint another deputy clerk as  | 
         
         
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            provided by this subsection.  [A deputy clerk of a county court at  | 
         
         
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            law is entitled to the same amount of compensation as received by  | 
         
         
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            the deputy clerks of the other county courts at law in Bexar County.  | 
         
         
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            The commissioners court shall pay the salary of a deputy clerk in  | 
         
         
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            equal monthly installments from county funds.] | 
         
         
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                   SECTION 2.03.  Section 25.0173(g), Government Code, is  | 
         
         
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            amended to read as follows: | 
         
         
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                   (g)  The county clerk shall appoint a deputy clerk for each  | 
         
         
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            statutory probate court.  [An appointment takes effect when it is  | 
         
         
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            confirmed in writing by the judge of the court to which the deputy  | 
         
         
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            clerk is assigned.]  A deputy clerk serves at the pleasure of the  | 
         
         
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            judge of the court to which the deputy clerk is assigned.  A deputy  | 
         
         
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            clerk must take the constitutional oath of office, and the county  | 
         
         
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            clerk may require the deputy clerk to furnish a bond in an amount,  | 
         
         
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            conditioned and payable, as required by law.  A deputy clerk acts in  | 
         
         
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            the name of the county clerk and may perform any official act or  | 
         
         
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            service required of the county clerk and shall perform any other  | 
         
         
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            service required by the judge of a statutory probate court.  A  | 
         
         
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            deputy clerk must attend all sessions of the court to which the  | 
         
         
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            deputy clerk [he] is assigned.  [A deputy clerk is entitled to  | 
         
         
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            receive an annual salary set by the judge in an amount that does not  | 
         
         
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            exceed the amount paid the deputies of the county courts at law of  | 
         
         
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            Bexar County.  The salary shall be paid in equal monthly  | 
         
         
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            installments as provided by law for the payment of salaries of  | 
         
         
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            deputy clerks.] | 
         
         
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                   SECTION 2.04.  (a)  Effective January 1, 2022, Sections  | 
         
         
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            25.0631(b) and (c), Government Code, are amended to read as  | 
         
         
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            follows: | 
         
         
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                   (b)  Denton County has the following statutory probate  | 
         
         
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            courts: | 
         
         
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                         (1)  [one statutory probate court, the] Probate Court  | 
         
         
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            of Denton County; and | 
         
         
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                         (2)  Probate Court Number 2 of Denton County. | 
         
         
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                   (c)  The statutory county courts of Denton County sit in the  | 
         
         
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            county seat or at another location in the county as assigned by the  | 
         
         
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            local administrative statutory county court judge.  The statutory  | 
         
         
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            probate courts [court] of Denton County sit [sits] in the county  | 
         
         
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            seat and may conduct docket matters at other locations in the county  | 
         
         
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            as the statutory probate court judges consider [judge considers]  | 
         
         
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            necessary for the protection of wards or mental health respondents  | 
         
         
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            or as otherwise provided by law. | 
         
         
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                   (b)  Section 25.0632(i), Government Code, is amended to read  | 
         
         
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            as follows: | 
         
         
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                   (i)  A judge of a statutory probate court is subject to  | 
         
         
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            assignment as provided by Section 25.0022.  On request by the judge  | 
         
         
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            of a Denton County statutory county court, a judge of a statutory  | 
         
         
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            probate court may be assigned by the regional presiding judge to the  | 
         
         
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            requesting judge's court pursuant to Chapter 74. A statutory  | 
         
         
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            probate court judge assigned to a statutory county court by the  | 
         
         
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            regional presiding judge may hear any matter pending in the  | 
         
         
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            requesting judge's court. | 
         
         
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                   (c)  Section 25.0633(e), Government Code, is amended to read  | 
         
         
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            as follows: | 
         
         
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                   (e)  The County Court at Law No. 2 of Denton County has  | 
         
         
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            jurisdiction: | 
         
         
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                         (1)  over all civil causes and proceedings, original  | 
         
         
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            and appellate, prescribed by law for county courts; and | 
         
         
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                         (2)  regardless of the amount in controversy sought,  | 
         
         
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            over: | 
         
         
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                               (A)  eminent domain cases as provided by Section  | 
         
         
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            21.001, Property Code, for statutory county courts; and | 
         
         
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                               (B)  direct and inverse condemnation cases. | 
         
         
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                   (d)  The Probate Court Number 2 of Denton County is created  | 
         
         
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            on January 1, 2022. | 
         
         
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                   SECTION 2.05.  (a)  Effective October 1, 2022, Subchapter C,  | 
         
         
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            Chapter 25, Government Code, is amended by adding Sections 25.1331  | 
         
         
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            and 25.1332 to read as follows: | 
         
         
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                   Sec. 25.1331.  KENDALL COUNTY.  Kendall County has one  | 
         
         
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            statutory county court, the County Court at Law of Kendall County. | 
         
         
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                   Sec. 25.1332.  KENDALL COUNTY COURT AT LAW PROVISIONS.  (a)  | 
         
         
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            In addition to the jurisdiction provided by Section 25.0003 and  | 
         
         
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            other law, a county court at law in Kendall County has: | 
         
         
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                         (1)  concurrent jurisdiction with the district court in  | 
         
         
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            state jail, third degree, and second degree felony cases on  | 
         
         
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            assignment from a district judge presiding in Kendall County and  | 
         
         
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            acceptance of the assignment by the judge of the county court at law  | 
         
         
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            to: | 
         
         
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                               (A)  conduct arraignments; | 
         
         
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                               (B)  conduct pretrial hearings; | 
         
         
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                               (C)  accept guilty pleas and conduct sentencing; | 
         
         
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                               (D)  conduct jury trials and nonjury trials; | 
         
         
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                               (E)  conduct probation revocation hearings; | 
         
         
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                               (F)  conduct post-trial proceedings; and | 
         
         
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                               (G)  conduct family law cases and proceedings; and | 
         
         
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                         (2)  jurisdiction in: | 
         
         
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                               (A)  Class A and Class B misdemeanor cases; | 
         
         
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                               (B)  probate proceedings; | 
         
         
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                               (C)  disputes ancillary to probate, eminent  | 
         
         
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            domain, condemnation, or landlord and tenant matters relating to  | 
         
         
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            the adjudication and determination of land titles and trusts,  | 
         
         
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            whether testamentary, inter vivos, constructive, resulting, or any  | 
         
         
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            other class or type of trust, regardless of the amount in  | 
         
         
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            controversy or the remedy sought; | 
         
         
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                               (D)  eminent domain; and | 
         
         
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                               (E)  appeals from the justice and municipal  | 
         
         
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            courts. | 
         
         
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                   (b)  A judge of a county court at law shall be paid a total  | 
         
         
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            annual salary set by the commissioners court in an amount that is  | 
         
         
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            not less than $1,000 less than the annual salary received by a  | 
         
         
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            district judge with equivalent years of service as a judge, as  | 
         
         
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            provided under Section 25.0005, to be paid out of the county  | 
         
         
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            treasury by the commissioners court. | 
         
         
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                   (c)  The district clerk serves as clerk of a county court at  | 
         
         
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            law in matters of concurrent jurisdiction with the district court,  | 
         
         
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            and the county clerk serves as clerk of a county court at law in all  | 
         
         
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            other matters. Each clerk shall establish a separate docket for a  | 
         
         
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            county court at law. | 
         
         
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                   (d)  The official court reporter of a county court at law is  | 
         
         
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            entitled to receive the same compensation and to be paid in the same  | 
         
         
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            manner as the court reporters of the district court in Kendall  | 
         
         
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            County. | 
         
         
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                   (b)  The County Court at Law of Kendall County is created on  | 
         
         
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            October 1, 2022. | 
         
         
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			 | 
                   SECTION 2.06.  (a)  Section 25.1571, Government Code, is  | 
         
         
            | 
                
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            amended to read as follows: | 
         
         
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                   Sec. 25.1571.  MCLENNAN COUNTY.  McLennan County has the  | 
         
         
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            following statutory county courts: | 
         
         
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                         (1)  County Court at Law of McLennan County; [and] | 
         
         
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                         (2)  County Court at Law No. 2 of McLennan County; and | 
         
         
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                         (3)  County Court at Law No. 3 of McLennan County. | 
         
         
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                   (b)  Section 25.1572, Government Code, is amended by  | 
         
         
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            amending Subsections (a), (d), and (i) and adding Subsections (b),  | 
         
         
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            (c), and (e) to read as follows: | 
         
         
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                   (a)  In addition to the jurisdiction provided by Section  | 
         
         
            | 
                
			 | 
            25.0003 and other law and except as limited by Subsection (b), a  | 
         
         
            | 
                
			 | 
            county court at law in McLennan County has jurisdiction in third  | 
         
         
            | 
                
			 | 
            degree felony cases and jurisdiction to conduct arraignments,  | 
         
         
            | 
                
			 | 
            conduct pretrial hearings, accept guilty pleas, and conduct  | 
         
         
            | 
                
			 | 
            probation revocation hearings in felony cases. | 
         
         
            | 
                
			 | 
                   (b)  On request of a district judge presiding in McLennan  | 
         
         
            | 
                
			 | 
            County, the regional presiding judge may assign a judge of a county  | 
         
         
            | 
                
			 | 
            court at law in McLennan County to the requesting judge's court  | 
         
         
            | 
                
			 | 
            under Chapter 74.  A county court at law judge assigned to a  | 
         
         
            | 
                
			 | 
            district court may hear any matter pending in the requesting  | 
         
         
            | 
                
			 | 
            judge's court. | 
         
         
            | 
                
			 | 
                   (c)  A county court at law does not have jurisdiction in: | 
         
         
            | 
                
			 | 
                         (1)  suits on behalf of the state to recover penalties  | 
         
         
            | 
                
			 | 
            or escheated property; | 
         
         
            | 
                
			 | 
                         (2)  misdemeanors involving official misconduct; or | 
         
         
            | 
                
			 | 
                         (3)  contested elections. | 
         
         
            | 
                
			 | 
                   (d)  A judge of a county court at law shall be paid an annual  | 
         
         
            | 
                
			 | 
            base salary set by the commissioners court in an amount not less  | 
         
         
            | 
                
			 | 
            than $1,000 less than the annual base salary the state pays to a  | 
         
         
            | 
                
			 | 
            district judge as set by the General Appropriations Act in  | 
         
         
            | 
                
			 | 
            accordance with Section 659.012 with equivalent years of service as  | 
         
         
            | 
                
			 | 
            the judge [of not more than $20,000].  A county court at law judge's  | 
         
         
            | 
                
			 | 
            and a district judge's annual base salaries do not include  | 
         
         
            | 
                
			 | 
            contributions and supplements paid by the county [Each judge  | 
         
         
            | 
                
			 | 
            receives the same amount as salary.  The salary shall be paid out of  | 
         
         
            | 
                
			 | 
            the county treasury by the commissioners court]. | 
         
         
            | 
                
			 | 
                   (e)  The district clerk serves as clerk of a county court at  | 
         
         
            | 
                
			 | 
            law in matters of concurrent jurisdiction with the district court.   | 
         
         
            | 
                
			 | 
            The county clerk serves as the clerk of a county court at law in all  | 
         
         
            | 
                
			 | 
            other matters. Each clerk shall establish a separate docket for a  | 
         
         
            | 
                
			 | 
            county court at law. | 
         
         
            | 
                
			 | 
                   (i)  The official court reporter of a county court at law is  | 
         
         
            | 
                
			 | 
            entitled to receive a salary set by the judge of a county court at  | 
         
         
            | 
                
			 | 
            law with the approval of the commissioners court [the same  | 
         
         
            | 
                
			 | 
            compensation and to be paid in the same manner as the court  | 
         
         
            | 
                
			 | 
            reporters of the district courts in McLennan County]. | 
         
         
            | 
                
			 | 
                   (c)  The County Court at Law No. 3 of McLennan County is  | 
         
         
            | 
                
			 | 
            created on the effective date of this Act. | 
         
         
            | 
                
			 | 
                   SECTION 2.07.  (a)  Section 25.1721, Government Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 25.1721.  MONTGOMERY COUNTY.  Montgomery County has the  | 
         
         
            | 
                
			 | 
            following statutory county courts: | 
         
         
            | 
                
			 | 
                         (1)  County Court at Law No. 1 of Montgomery County; | 
         
         
            | 
                
			 | 
                         (2)  County Court at Law No. 2 of Montgomery County; | 
         
         
            | 
                
			 | 
                         (3)  County Court at Law No. 3 of Montgomery County; | 
         
         
            | 
                
			 | 
                         (4)  County Court at Law No. 4 of Montgomery County;  | 
         
         
            | 
                
			 | 
            [and] | 
         
         
            | 
                
			 | 
                         (5)  County Court at Law No. 5 of Montgomery County;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         (6)  County Court at Law No. 6 of Montgomery County. | 
         
         
            | 
                
			 | 
                   (b)  The County Court at Law No. 6 of Montgomery County is  | 
         
         
            | 
                
			 | 
            created on the effective date of this Act. | 
         
         
            | 
                
			 | 
                   SECTION 2.08.  Sections 25.1972(a) and (b), Government Code,  | 
         
         
            | 
                
			 | 
            are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  In addition to the jurisdiction provided by Section  | 
         
         
            | 
                
			 | 
            25.0003 and other law, and except as limited by Subsection (b), a  | 
         
         
            | 
                
			 | 
            county court at law in Reeves County has: | 
         
         
            | 
                
			 | 
                         (1)  concurrent jurisdiction with the district court: | 
         
         
            | 
                
			 | 
                               (A)  in disputes ancillary to probate, eminent  | 
         
         
            | 
                
			 | 
            domain, condemnation, or landlord and tenant matters relating to  | 
         
         
            | 
                
			 | 
            the adjudication and determination of land titles and trusts,  | 
         
         
            | 
                
			 | 
            whether testamentary, inter vivos, constructive, resulting, or any  | 
         
         
            | 
                
			 | 
            other class or type of trust, regardless of the amount in  | 
         
         
            | 
                
			 | 
            controversy or the remedy sought; | 
         
         
            | 
                
			 | 
                               (B)  over civil forfeitures, including surety  | 
         
         
            | 
                
			 | 
            bond forfeitures without minimum or maximum limitation as to the  | 
         
         
            | 
                
			 | 
            amount in controversy or remedy sought; | 
         
         
            | 
                
			 | 
                               (C)  in all actions by or against a personal  | 
         
         
            | 
                
			 | 
            representative, in all actions involving an inter vivos trust, in  | 
         
         
            | 
                
			 | 
            all actions involving a charitable trust, and in all actions  | 
         
         
            | 
                
			 | 
            involving a testamentary trust, whether the matter is appertaining  | 
         
         
            | 
                
			 | 
            to or incident to an estate; | 
         
         
            | 
                
			 | 
                               (D)  in proceedings under Title 3, Family Code;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                               (E)  in family law cases and proceedings [any  | 
         
         
            | 
                
			 | 
            proceeding involving an order relating to a child in the possession  | 
         
         
            | 
                
			 | 
            or custody of the Department of Family and Protective Services or  | 
         
         
            | 
                
			 | 
            for whom the court has appointed a temporary or permanent managing  | 
         
         
            | 
                
			 | 
            conservator]; | 
         
         
            | 
                
			 | 
                         (2)  jurisdiction in mental health matters, original or  | 
         
         
            | 
                
			 | 
            appellate, provided by law for constitutional county courts,  | 
         
         
            | 
                
			 | 
            statutory county courts, or district courts with mental health  | 
         
         
            | 
                
			 | 
            jurisdiction, including proceedings under: | 
         
         
            | 
                
			 | 
                               (A)  Chapter 462, Health and Safety Code; and | 
         
         
            | 
                
			 | 
                               (B)  Subtitles C and D, Title 7, Health and Safety  | 
         
         
            | 
                
			 | 
            Code; | 
         
         
            | 
                
			 | 
                         (3)  jurisdiction over the collection and management of  | 
         
         
            | 
                
			 | 
            estates of minors, persons with a mental illness or intellectual  | 
         
         
            | 
                
			 | 
            disability, and deceased persons; and | 
         
         
            | 
                
			 | 
                         (4)  jurisdiction in all cases assigned, transferred,  | 
         
         
            | 
                
			 | 
            or heard under Sections 74.054, 74.059, and 74.094. | 
         
         
            | 
                
			 | 
                   (b)  A county court at law does not have jurisdiction of: | 
         
         
            | 
                
			 | 
                         (1)  felony cases, except as otherwise provided by law; | 
         
         
            | 
                
			 | 
                         (2)  misdemeanors involving official misconduct unless  | 
         
         
            | 
                
			 | 
            assigned under Sections 74.054 and 74.059; or | 
         
         
            | 
                
			 | 
                         (3)  contested elections[; or | 
         
         
            | 
                
			 | 
                         [(4)  except as provided by Subsections (a)(1)(D) and  | 
         
         
            | 
                
			 | 
            (E), family law cases]. | 
         
         
            | 
                
			 | 
                   SECTION 2.09.  (a)  Effective January 1, 2023, Section  | 
         
         
            | 
                
			 | 
            25.2071(a), Government Code, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  San Patricio County has the following [one] statutory  | 
         
         
            | 
                
			 | 
            county courts: | 
         
         
            | 
                
			 | 
                         (1)  [court,] the County Court at Law of San Patricio  | 
         
         
            | 
                
			 | 
            County; and | 
         
         
            | 
                
			 | 
                         (2)  the County Court at Law No. 2 of San Patricio  | 
         
         
            | 
                
			 | 
            County. | 
         
         
            | 
                
			 | 
                   (b)  Effective January 1, 2023, Section 25.2072, Government  | 
         
         
            | 
                
			 | 
            Code, is amended by amending Subsections (a), (d), and (m) and  | 
         
         
            | 
                
			 | 
            adding Subsections (g-1) and (g-2) to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  In addition to the jurisdiction provided by Section  | 
         
         
            | 
                
			 | 
            25.0003 and other law, a county court at law in San Patricio County  | 
         
         
            | 
                
			 | 
            has concurrent jurisdiction with the district court except that a  | 
         
         
            | 
                
			 | 
            county court at law does not have jurisdiction of: | 
         
         
            | 
                
			 | 
                         (1)  felony criminal matters; and | 
         
         
            | 
                
			 | 
                         (2)  civil cases in which the matter in controversy  | 
         
         
            | 
                
			 | 
            exceeds the maximum amount provided by Section 25.0003 [in matters  | 
         
         
            | 
                
			 | 
            involving the juvenile and child welfare law of this state]. | 
         
         
            | 
                
			 | 
                   (d)  [The judge of a county court at law shall be paid an  | 
         
         
            | 
                
			 | 
            annual salary in an amount of not less than $43,000.] The judge of a  | 
         
         
            | 
                
			 | 
            county court at law is entitled to receive travel and necessary  | 
         
         
            | 
                
			 | 
            office expenses, including administrative and clerical assistance. | 
         
         
            | 
                
			 | 
                   (g-1)  The county clerk serves as clerk of a county court at  | 
         
         
            | 
                
			 | 
            law except in family law cases.  In family law cases, including  | 
         
         
            | 
                
			 | 
            juvenile and child welfare cases, the district clerk serves as  | 
         
         
            | 
                
			 | 
            clerk of a county court at law.  The district clerk shall establish  | 
         
         
            | 
                
			 | 
            a separate family law docket for each county court at law. | 
         
         
            | 
                
			 | 
                   (g-2)  The commissioners court shall provide the deputy  | 
         
         
            | 
                
			 | 
            clerks, bailiffs, and other personnel necessary to operate the  | 
         
         
            | 
                
			 | 
            county courts at law. | 
         
         
            | 
                
			 | 
                   (m)  The judge of the county court and the judges [judge] of  | 
         
         
            | 
                
			 | 
            the [a] county courts [court] at law may agree on a plan governing  | 
         
         
            | 
                
			 | 
            the filing, numbering, and docketing of cases within the concurrent  | 
         
         
            | 
                
			 | 
            jurisdiction of their courts and the assignment of those cases for  | 
         
         
            | 
                
			 | 
            trial.  The plan may provide for the centralized institution and  | 
         
         
            | 
                
			 | 
            filing of all such cases with one court, clerk, or coordinator  | 
         
         
            | 
                
			 | 
            designated by the plan and for the systemized assignment of those  | 
         
         
            | 
                
			 | 
            cases to the courts participating in the plan, and the provisions of  | 
         
         
            | 
                
			 | 
            the plan for the centralized filing and assignment of cases shall  | 
         
         
            | 
                
			 | 
            control notwithstanding any other provisions of this section.  If  | 
         
         
            | 
                
			 | 
            the judges of the county court and the county courts [court] at law  | 
         
         
            | 
                
			 | 
            are unable to agree on a filing, docketing, and assignment of cases  | 
         
         
            | 
                
			 | 
            plan, a board of judges composed of the district judges and the  | 
         
         
            | 
                
			 | 
            county court at law judges for San Patricio County [the presiding  | 
         
         
            | 
                
			 | 
            judge of the 36th Judicial District] shall design a plan for the | 
         
         
            | 
                
			 | 
            [both] courts. | 
         
         
            | 
                
			 | 
                   (c)  The County Court at Law No. 2 of San Patricio County is  | 
         
         
            | 
                
			 | 
            created January 1, 2023. | 
         
         
            | 
                
			 | 
                   SECTION 2.10.  Effective January 1, 2023, Section  | 
         
         
            | 
                
			 | 
            25.2223(l), Government Code, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   (l)  The County Criminal Court No. 5 of Tarrant County and  | 
         
         
            | 
                
			 | 
            the County Criminal Court No. 6 of Tarrant County shall give  | 
         
         
            | 
                
			 | 
            preference to cases brought under Title 5, Penal Code, involving  | 
         
         
            | 
                
			 | 
            family violence as defined by Section 71.004, Family Code, and  | 
         
         
            | 
                
			 | 
            cases brought under Sections 25.07, 25.072, and 42.072, Penal Code. | 
         
         
            | 
                
			 | 
                   SECTION 2.11.  (a)  Effective October 1, 2022, Section  | 
         
         
            | 
                
			 | 
            25.2481, Government Code, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 25.2481.  WILLIAMSON COUNTY.  Williamson County has the  | 
         
         
            | 
                
			 | 
            following statutory county courts: | 
         
         
            | 
                
			 | 
                         (1)  County Court at Law No. 1 of Williamson County; | 
         
         
            | 
                
			 | 
                         (2)  County Court at Law No. 2 of Williamson County; | 
         
         
            | 
                
			 | 
                         (3)  County Court at Law No. 3 of Williamson County;  | 
         
         
            | 
                
			 | 
            [and] | 
         
         
            | 
                
			 | 
                         (4)  County Court at Law No. 4 of Williamson County;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         (5)  County Court at Law No. 5 of Williamson County. | 
         
         
            | 
                
			 | 
                   (b)  The County Court at Law No. 5 of Williamson County is  | 
         
         
            | 
                
			 | 
            created on October 1, 2022. | 
         
         
            | 
                
			 | 
                   SECTION 2.12.  (a)  Sections 26.006(a) and (b), Government  | 
         
         
            | 
                
			 | 
            Code, are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  A county judge is entitled to an annual salary  | 
         
         
            | 
                
			 | 
            supplement from the state in an amount equal to 18 percent of the  | 
         
         
            | 
                
			 | 
            state base salary paid to a district judge as set by the General  | 
         
         
            | 
                
			 | 
            Appropriations Act in accordance with Section 659.012(a) if at  | 
         
         
            | 
                
			 | 
            least 18 [40] percent of the: | 
         
         
            | 
                
			 | 
                         (1)  functions that the judge performs are judicial  | 
         
         
            | 
                
			 | 
            functions; or | 
         
         
            | 
                
			 | 
                         (2)  total hours that the judge works are in the  | 
         
         
            | 
                
			 | 
            performance of judicial functions. | 
         
         
            | 
                
			 | 
                   (b)  To receive a supplement under Subsection (a), a county  | 
         
         
            | 
                
			 | 
            judge must file with the comptroller's judiciary section an  | 
         
         
            | 
                
			 | 
            affidavit stating that at least 18 [40] percent of the: | 
         
         
            | 
                
			 | 
                         (1)  functions that the judge performs are judicial  | 
         
         
            | 
                
			 | 
            functions; or | 
         
         
            | 
                
			 | 
                         (2)  total hours that the judge works are in the  | 
         
         
            | 
                
			 | 
            performance of judicial functions. | 
         
         
            | 
                
			 | 
                   (b)  The changes in law made by this section take effect on  | 
         
         
            | 
                
			 | 
            the effective date of this Act and apply only to a salary payment  | 
         
         
            | 
                
			 | 
            for a pay period beginning on or after that date.  A salary payment  | 
         
         
            | 
                
			 | 
            for a pay period beginning before the effective date of this Act is  | 
         
         
            | 
                
			 | 
            governed by the law in effect on the date the pay period began, and  | 
         
         
            | 
                
			 | 
            that law is continued in effect for that purpose. | 
         
         
            | 
                
			 | 
            ARTICLE 3. JUSTICE AND MUNICIPAL COURTS | 
         
         
            | 
                
			 | 
                   SECTION 3.01.  Article 4.14(g), Code of Criminal Procedure,  | 
         
         
            | 
                
			 | 
            is amended to read as follows: | 
         
         
            | 
                
			 | 
                   (g)  A municipality may enter into an agreement with a  | 
         
         
            | 
                
			 | 
            contiguous municipality or a municipality with boundaries that are  | 
         
         
            | 
                
			 | 
            within one-half mile of the municipality seeking to enter into the  | 
         
         
            | 
                
			 | 
            agreement to establish concurrent jurisdiction of the municipal  | 
         
         
            | 
                
			 | 
            courts in the municipalities and provide original jurisdiction to a  | 
         
         
            | 
                
			 | 
            municipal court in which a case is brought as if the municipal court  | 
         
         
            | 
                
			 | 
            were located in the municipality in which the case arose, for: | 
         
         
            | 
                
			 | 
                         (1)  all cases in which either municipality has  | 
         
         
            | 
                
			 | 
            jurisdiction under Subsection (a) or (b); and | 
         
         
            | 
                
			 | 
                         (2)  cases that arise under Section 821.022, Health and  | 
         
         
            | 
                
			 | 
            Safety Code. | 
         
         
            | 
                
			 | 
                   SECTION 3.02.  Subchapter B, Chapter 45, Code of Criminal  | 
         
         
            | 
                
			 | 
            Procedure, is amended by adding Article 45.0241 to read as follows: | 
         
         
            | 
                
			 | 
                   Art. 45.0241.  ACCEPTANCE OF DEFENDANT'S PLEA.  A justice or  | 
         
         
            | 
                
			 | 
            judge may not accept a plea of guilty or plea of nolo contendere  | 
         
         
            | 
                
			 | 
            from a defendant in open court unless it appears to the justice or  | 
         
         
            | 
                
			 | 
            judge that the defendant is mentally competent and the plea is free  | 
         
         
            | 
                
			 | 
            and voluntary. | 
         
         
            | 
                
			 | 
                   SECTION 3.03.  Article 103.003, Code of Criminal Procedure,  | 
         
         
            | 
                
			 | 
            is amended by adding Subsection (a-1) to read as follows: | 
         
         
            | 
                
			 | 
                   (a-1)  The clerk of a municipal court may collect money  | 
         
         
            | 
                
			 | 
            payable to the municipal court under this title. | 
         
         
            | 
                
			 | 
                   SECTION 3.04.  Article 103.0081, Code of Criminal Procedure,  | 
         
         
            | 
                
			 | 
            is amended to read as follows: | 
         
         
            | 
                
			 | 
                   Art. 103.0081.  UNCOLLECTIBLE FINES AND FEES.  (a) Any  | 
         
         
            | 
                
			 | 
            officer authorized by this chapter to collect a fine, fee, or item  | 
         
         
            | 
                
			 | 
            of cost may request the trial court in which a criminal action or  | 
         
         
            | 
                
			 | 
            proceeding was held to make a finding that a fine, fee, or item of  | 
         
         
            | 
                
			 | 
            cost imposed in the action or proceeding is uncollectible if the  | 
         
         
            | 
                
			 | 
            officer believes: | 
         
         
            | 
                
			 | 
                         (1)  the defendant is deceased; | 
         
         
            | 
                
			 | 
                         (2)  the defendant is serving a sentence for  | 
         
         
            | 
                
			 | 
            imprisonment for life or life without parole; or | 
         
         
            | 
                
			 | 
                         (3)  the fine, fee, or item of cost has been unpaid for  | 
         
         
            | 
                
			 | 
            at least 15 years. | 
         
         
            | 
                
			 | 
                   (b)  On a finding by a court that any condition described by  | 
         
         
            | 
                
			 | 
            Subsections (a)(1)-(3) is true, the court may order the officer to  | 
         
         
            | 
                
			 | 
            designate the fine, fee, or item of cost as uncollectible in the fee  | 
         
         
            | 
                
			 | 
            record. The officer shall attach a copy of the court's order to the  | 
         
         
            | 
                
			 | 
            fee record. | 
         
         
            | 
                
			 | 
                   SECTION 3.05.  Section 29.003(i), Government Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (i)  A municipality may enter into an agreement with a  | 
         
         
            | 
                
			 | 
            contiguous municipality or a municipality with boundaries that are  | 
         
         
            | 
                
			 | 
            within one-half mile of the municipality seeking to enter into the  | 
         
         
            | 
                
			 | 
            agreement to establish concurrent jurisdiction of the municipal  | 
         
         
            | 
                
			 | 
            courts in the municipalities and provide original jurisdiction to a  | 
         
         
            | 
                
			 | 
            municipal court in which a case is brought as if the municipal court  | 
         
         
            | 
                
			 | 
            were located in the municipality in which the case arose, for: | 
         
         
            | 
                
			 | 
                         (1)  all cases in which either municipality has  | 
         
         
            | 
                
			 | 
            jurisdiction under Subsection (a) or (b); and | 
         
         
            | 
                
			 | 
                         (2)  cases that arise under Section 821.022, Health and  | 
         
         
            | 
                
			 | 
            Safety Code, or Section 65.003(a), Family Code. | 
         
         
            | 
                
			 | 
                   SECTION 3.06.  Section 292.001(d), Local Government Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (d)  A justice of the peace court may not be housed or  | 
         
         
            | 
                
			 | 
            conducted in a building located outside the court's precinct except  | 
         
         
            | 
                
			 | 
            as provided by Section 27.051(f) or 27.0515, Government Code, or  | 
         
         
            | 
                
			 | 
            unless the justice of the peace court is situated in the county  | 
         
         
            | 
                
			 | 
            courthouse in a county with a population of at least 305,000 | 
         
         
            | 
                
			 | 
            [275,000] persons and the county seat of which is located in the  | 
         
         
            | 
                
			 | 
            Llano Estacado region of this state [but no more than 285,000  | 
         
         
            | 
                
			 | 
            persons]. | 
         
         
            | 
                
			 | 
            ARTICLE 4. JUVENILE JUSTICE AND FAMILY COURTS | 
         
         
            | 
                
			 | 
                   SECTION 4.01.  Subchapter H, Chapter 6, Family Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 6.712 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 6.712.  DATE OF MARRIAGE REQUIREMENT IN FINAL DECREE.   | 
         
         
            | 
                
			 | 
            (a)  In a suit for dissolution of a marriage in which the court  | 
         
         
            | 
                
			 | 
            grants a divorce, the court shall state the date of the marriage in  | 
         
         
            | 
                
			 | 
            the decree of divorce. | 
         
         
            | 
                
			 | 
                   (b)  This section does not apply to a suit for dissolution of  | 
         
         
            | 
                
			 | 
            a marriage described by Section 2.401(a)(2). | 
         
         
            | 
                
			 | 
                   SECTION 4.02.  Section 51.02, Family Code, is amended by  | 
         
         
            | 
                
			 | 
            adding Subdivision (3-a) to read as follows: | 
         
         
            | 
                
			 | 
                         (3-a)  "Dual status child" means a child who has been  | 
         
         
            | 
                
			 | 
            referred to the juvenile justice system and is: | 
         
         
            | 
                
			 | 
                               (A)  in the temporary or permanent managing  | 
         
         
            | 
                
			 | 
            conservatorship of the Department of Family and Protective  | 
         
         
            | 
                
			 | 
            Services; | 
         
         
            | 
                
			 | 
                               (B)  the subject of a case for which family-based  | 
         
         
            | 
                
			 | 
            safety services have been offered or provided by the department; | 
         
         
            | 
                
			 | 
                               (C)  an alleged victim of abuse or neglect in an  | 
         
         
            | 
                
			 | 
            open child protective investigation; or | 
         
         
            | 
                
			 | 
                               (D)  a victim in a case in which, after an  | 
         
         
            | 
                
			 | 
            investigation, the department concluded there was reason to believe  | 
         
         
            | 
                
			 | 
            the child was abused or neglected. | 
         
         
            | 
                
			 | 
                   SECTION 4.03.  Section 51.04(h), Family Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   (h)  A judge exercising jurisdiction over a child in a suit  | 
         
         
            | 
                
			 | 
            instituted under Subtitle E, Title 5, may refer any aspect of a suit  | 
         
         
            | 
                
			 | 
            involving a dual status [the] child that is instituted under this  | 
         
         
            | 
                
			 | 
            title to the appropriate associate judge appointed under Subchapter  | 
         
         
            | 
                
			 | 
            C, Chapter 201, serving in the county and exercising jurisdiction  | 
         
         
            | 
                
			 | 
            over the child under Subtitle E, Title 5, if the associate judge  | 
         
         
            | 
                
			 | 
            consents to the referral. The scope of an associate judge's  | 
         
         
            | 
                
			 | 
            authority over a suit referred under this subsection is subject to  | 
         
         
            | 
                
			 | 
            any limitations placed by the court judge in the order of referral. | 
         
         
            | 
                
			 | 
                   SECTION 4.04.  Section 51.0414(a), Family Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  The juvenile court may transfer a dual status child's  | 
         
         
            | 
                
			 | 
            case, including transcripts of records and documents for the case,  | 
         
         
            | 
                
			 | 
            to a district or statutory county court located in another county  | 
         
         
            | 
                
			 | 
            that is exercising jurisdiction over the child in a suit instituted  | 
         
         
            | 
                
			 | 
            under Subtitle E, Title 5. A case may only be transferred under this  | 
         
         
            | 
                
			 | 
            section with the consent of the judge of the court to which the case  | 
         
         
            | 
                
			 | 
            is being transferred. | 
         
         
            | 
                
			 | 
                   SECTION 4.05.  Sections 107.004(d) and (e), Family Code, are  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (d)  Except as provided by Subsection (e), an attorney ad  | 
         
         
            | 
                
			 | 
            litem appointed for a child in a proceeding under Chapter 262, [or]  | 
         
         
            | 
                
			 | 
            263, or 264 shall: | 
         
         
            | 
                
			 | 
                         (1)  meet before each court hearing with: | 
         
         
            | 
                
			 | 
                               (A)  the child, if the child is at least four years  | 
         
         
            | 
                
			 | 
            of age; or | 
         
         
            | 
                
			 | 
                               (B)  the individual with whom the child ordinarily  | 
         
         
            | 
                
			 | 
            resides, including the child's parent, conservator, guardian,  | 
         
         
            | 
                
			 | 
            caretaker, or custodian, if the child is younger than four years of  | 
         
         
            | 
                
			 | 
            age; and | 
         
         
            | 
                
			 | 
                         (2)  report to the court whether [if the child or  | 
         
         
            | 
                
			 | 
            individual is not present at the court hearing, file a written  | 
         
         
            | 
                
			 | 
            statement with the court indicating that] the attorney ad litem: | 
         
         
            | 
                
			 | 
                               (A)  complied with Subdivision (1); or | 
         
         
            | 
                
			 | 
                               (B)  requests that the court find good cause for  | 
         
         
            | 
                
			 | 
            noncompliance because compliance was not feasible or in the best  | 
         
         
            | 
                
			 | 
            interest of the child under Subsection (e). | 
         
         
            | 
                
			 | 
                   (e)  An attorney ad litem appointed for a child in a  | 
         
         
            | 
                
			 | 
            proceeding under Chapter 262, [or] 263, or 264 is not required to  | 
         
         
            | 
                
			 | 
            comply with Subsection (d) before a hearing if the court finds at  | 
         
         
            | 
                
			 | 
            that hearing that the attorney ad litem has shown good cause why the  | 
         
         
            | 
                
			 | 
            attorney ad litem's compliance with that subsection is not feasible  | 
         
         
            | 
                
			 | 
            or in the best interest of the child.  Additionally, a court may, on  | 
         
         
            | 
                
			 | 
            a showing of good cause, authorize an attorney ad litem to comply  | 
         
         
            | 
                
			 | 
            with Subsection (d) by conferring with the child or other  | 
         
         
            | 
                
			 | 
            individual, as appropriate, by telephone or video conference. | 
         
         
            | 
                
			 | 
                   SECTION 4.06.  The change in law made by Section 6.712,  | 
         
         
            | 
                
			 | 
            Family Code, as added by this article, applies only to a suit for  | 
         
         
            | 
                
			 | 
            dissolution of a marriage filed on or after the effective date of  | 
         
         
            | 
                
			 | 
            this Act. A suit for dissolution of a marriage filed before the  | 
         
         
            | 
                
			 | 
            effective date of this Act is governed by the law in effect on the  | 
         
         
            | 
                
			 | 
            date the suit was filed, and the former law is continued in effect  | 
         
         
            | 
                
			 | 
            for that purpose. | 
         
         
            | 
                
			 | 
            ARTICLE 5. MAGISTRATES AND MAGISTRATE COURTS | 
         
         
            | 
                
			 | 
                   SECTION 5.01.  Article 4.01, Code of Criminal Procedure, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   Art. 4.01.  WHAT COURTS HAVE CRIMINAL JURISDICTION.  The  | 
         
         
            | 
                
			 | 
            following courts have jurisdiction in criminal actions: | 
         
         
            | 
                
			 | 
                         1.  The Court of Criminal Appeals; | 
         
         
            | 
                
			 | 
                         2.  Courts of appeals; | 
         
         
            | 
                
			 | 
                         3.  The district courts; | 
         
         
            | 
                
			 | 
                         4.  The criminal district courts; | 
         
         
            | 
                
			 | 
                         5.  The magistrates appointed by the judges of the  | 
         
         
            | 
                
			 | 
            district courts of Bexar County, Dallas County, Tarrant County, or  | 
         
         
            | 
                
			 | 
            Travis County that give preference to criminal cases and the  | 
         
         
            | 
                
			 | 
            magistrates appointed by the judges of the criminal district courts  | 
         
         
            | 
                
			 | 
            of Dallas County or Tarrant County; | 
         
         
            | 
                
			 | 
                         6.  The county courts; | 
         
         
            | 
                
			 | 
                         7.  All county courts at law with criminal  | 
         
         
            | 
                
			 | 
            jurisdiction; | 
         
         
            | 
                
			 | 
                         8.  County criminal courts; | 
         
         
            | 
                
			 | 
                         9.  Justice courts; | 
         
         
            | 
                
			 | 
                         10.  Municipal courts; | 
         
         
            | 
                
			 | 
                         11.  The magistrates appointed by the judges of the  | 
         
         
            | 
                
			 | 
            district courts of Lubbock County; [and] | 
         
         
            | 
                
			 | 
                         12.  The magistrates appointed by the El Paso Council  | 
         
         
            | 
                
			 | 
            of Judges; | 
         
         
            | 
                
			 | 
                         13.  The magistrates appointed by the Collin County  | 
         
         
            | 
                
			 | 
            Commissioners Court; | 
         
         
            | 
                
			 | 
                         14.  The magistrates appointed by the Brazoria County  | 
         
         
            | 
                
			 | 
            Commissioners Court or the local administrative judge for Brazoria  | 
         
         
            | 
                
			 | 
            County; and | 
         
         
            | 
                
			 | 
                         15.  The magistrates appointed by the judges of the  | 
         
         
            | 
                
			 | 
            district courts of Tom Green County. | 
         
         
            | 
                
			 | 
                   SECTION 5.02.  Section 54.1502, Government Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 54.1502.  JURISDICTION.  A magistrate has concurrent  | 
         
         
            | 
                
			 | 
            criminal jurisdiction with: | 
         
         
            | 
                
			 | 
                         (1)  the judges of the justice of the peace courts of  | 
         
         
            | 
                
			 | 
            Burnet County; and | 
         
         
            | 
                
			 | 
                         (2)  a municipal court in Burnet County, if approved by  | 
         
         
            | 
                
			 | 
            a memorandum of understanding between the municipality and Burnet  | 
         
         
            | 
                
			 | 
            County. | 
         
         
            | 
                
			 | 
                   SECTION 5.03.  Chapter 54, Government Code, is amended by  | 
         
         
            | 
                
			 | 
            adding Subchapter PP to read as follows: | 
         
         
            | 
                
			 | 
            SUBCHAPTER PP. BRAZORIA COUNTY CRIMINAL LAW MAGISTRATE COURT | 
         
         
            | 
                
			 | 
                   Sec. 54.2501.  CREATION.  The Brazoria County Criminal Law  | 
         
         
            | 
                
			 | 
            Magistrate Court is a court with the jurisdiction provided by this  | 
         
         
            | 
                
			 | 
            subchapter. | 
         
         
            | 
                
			 | 
                   Sec. 54.2502.  APPOINTMENT.  (a) On recommendation from the  | 
         
         
            | 
                
			 | 
            local administrative judge, the commissioners court of Brazoria  | 
         
         
            | 
                
			 | 
            County may appoint one or more full- or part-time judges to preside  | 
         
         
            | 
                
			 | 
            over the criminal law magistrate court for the term determined by  | 
         
         
            | 
                
			 | 
            the commissioners court.  The local administrative judge shall  | 
         
         
            | 
                
			 | 
            appoint one or more full- or part-time judges to preside over the  | 
         
         
            | 
                
			 | 
            criminal law magistrate court if the commissioners court is  | 
         
         
            | 
                
			 | 
            prohibited by law from appointing a judge. | 
         
         
            | 
                
			 | 
                   (b)  To be eligible for appointment as a judge of the  | 
         
         
            | 
                
			 | 
            criminal law magistrate court, a person must meet all the  | 
         
         
            | 
                
			 | 
            requirements and qualifications to serve as a district court judge. | 
         
         
            | 
                
			 | 
                   (c)  A judge of the criminal law magistrate court is entitled  | 
         
         
            | 
                
			 | 
            to the salary set by the commissioners court. The salary may not be  | 
         
         
            | 
                
			 | 
            less than the annual base salary paid to a district judge under  | 
         
         
            | 
                
			 | 
            Chapter 659. | 
         
         
            | 
                
			 | 
                   (d)  A judge appointed under this section serves at the  | 
         
         
            | 
                
			 | 
            pleasure of the commissioners court or the local administrative  | 
         
         
            | 
                
			 | 
            judge, as applicable. | 
         
         
            | 
                
			 | 
                   Sec. 54.2503.  JURISDICTION.  (a) Except as provided by this  | 
         
         
            | 
                
			 | 
            subsection, the criminal law magistrate court has the criminal  | 
         
         
            | 
                
			 | 
            jurisdiction provided by the constitution and laws of this state  | 
         
         
            | 
                
			 | 
            for county courts at law.  The criminal law magistrate court does  | 
         
         
            | 
                
			 | 
            not have jurisdiction to: | 
         
         
            | 
                
			 | 
                         (1)  hear a trial of a misdemeanor offense, other than a  | 
         
         
            | 
                
			 | 
            Class C misdemeanor, on the merits if a jury trial is demanded; or | 
         
         
            | 
                
			 | 
                         (2)  hear a trial of a misdemeanor, other than a Class C  | 
         
         
            | 
                
			 | 
            misdemeanor, on the merits if a defendant pleads not guilty. | 
         
         
            | 
                
			 | 
                   (b)  The criminal law magistrate court has the jurisdiction  | 
         
         
            | 
                
			 | 
            provided by the constitution and laws of this state for  | 
         
         
            | 
                
			 | 
            magistrates. A judge of the criminal law magistrate court is a  | 
         
         
            | 
                
			 | 
            magistrate as that term is defined by Article 2.09, Code of Criminal  | 
         
         
            | 
                
			 | 
            Procedure. | 
         
         
            | 
                
			 | 
                   (c)  Except as provided by this subsection, the criminal law  | 
         
         
            | 
                
			 | 
            magistrate court has the criminal jurisdiction provided by the  | 
         
         
            | 
                
			 | 
            constitution and laws of this state for a district court.  The  | 
         
         
            | 
                
			 | 
            criminal law magistrate court does not have jurisdiction to: | 
         
         
            | 
                
			 | 
                         (1)  hear a trial of a felony offense on the merits if a  | 
         
         
            | 
                
			 | 
            jury trial is demanded; | 
         
         
            | 
                
			 | 
                         (2)  hear a trial of a felony offense on the merits if a  | 
         
         
            | 
                
			 | 
            defendant pleads not guilty; | 
         
         
            | 
                
			 | 
                         (3)  sentence in a felony case unless the judge in whose  | 
         
         
            | 
                
			 | 
            court the case is pending assigned the case to the criminal law  | 
         
         
            | 
                
			 | 
            magistrate court for a guilty plea and sentence; or | 
         
         
            | 
                
			 | 
                         (4)  hear any part of a capital murder case after  | 
         
         
            | 
                
			 | 
            indictment. | 
         
         
            | 
                
			 | 
                   (d)  A criminal law magistrate court may not issue writs of  | 
         
         
            | 
                
			 | 
            habeas corpus in felony cases but may hear and grant relief on a  | 
         
         
            | 
                
			 | 
            writ of habeas corpus issued by a district court and assigned by the  | 
         
         
            | 
                
			 | 
            district court to the criminal law magistrate court. | 
         
         
            | 
                
			 | 
                   (e)  A felony or misdemeanor indictment or information may  | 
         
         
            | 
                
			 | 
            not be filed in or transferred to the criminal law magistrate court. | 
         
         
            | 
                
			 | 
                   (f)  A judge of the criminal law magistrate court shall  | 
         
         
            | 
                
			 | 
            exercise jurisdiction granted by this subchapter over felony and  | 
         
         
            | 
                
			 | 
            misdemeanor indictments and informations only as judge presiding  | 
         
         
            | 
                
			 | 
            for the court in which the indictment or information is pending and  | 
         
         
            | 
                
			 | 
            under the limitations set out in the assignment order by the  | 
         
         
            | 
                
			 | 
            assigning court or as provided by local administrative rules. | 
         
         
            | 
                
			 | 
                   (g)  The criminal law magistrate court has concurrent  | 
         
         
            | 
                
			 | 
            criminal jurisdiction with the justice courts located in Brazoria  | 
         
         
            | 
                
			 | 
            County. | 
         
         
            | 
                
			 | 
                   Sec. 54.2504.  POWERS AND DUTIES.  (a) The criminal law  | 
         
         
            | 
                
			 | 
            magistrate court or a judge of the criminal law magistrate court may  | 
         
         
            | 
                
			 | 
            issue writs of injunction and all other writs necessary for the  | 
         
         
            | 
                
			 | 
            enforcement of the jurisdiction of the court and may issue  | 
         
         
            | 
                
			 | 
            misdemeanor writs of habeas corpus in cases in which the offense  | 
         
         
            | 
                
			 | 
            charged is within the jurisdiction of the court or of any other  | 
         
         
            | 
                
			 | 
            court of inferior jurisdiction in the county. The court and the  | 
         
         
            | 
                
			 | 
            judge may punish for contempt as provided by law for district  | 
         
         
            | 
                
			 | 
            courts. A judge of the criminal law magistrate court has all other  | 
         
         
            | 
                
			 | 
            powers, duties, immunities, and privileges provided by law for: | 
         
         
            | 
                
			 | 
                         (1)  justices of the peace when acting in a Class C  | 
         
         
            | 
                
			 | 
            misdemeanor case; | 
         
         
            | 
                
			 | 
                         (2)  county court at law judges when acting in a Class A  | 
         
         
            | 
                
			 | 
            or Class B misdemeanor case; and | 
         
         
            | 
                
			 | 
                         (3)  district court judges when acting in a felony  | 
         
         
            | 
                
			 | 
            case. | 
         
         
            | 
                
			 | 
                   (b)  A judge of the criminal law magistrate court may hold an  | 
         
         
            | 
                
			 | 
            indigency hearing and a capias pro fine hearing. When acting as the  | 
         
         
            | 
                
			 | 
            judge who issued the capias pro fine, a judge of the criminal law  | 
         
         
            | 
                
			 | 
            magistrate court may make all findings of fact and conclusions of  | 
         
         
            | 
                
			 | 
            law required of the judge who issued the capias pro fine. In  | 
         
         
            | 
                
			 | 
            conducting a hearing under this subsection, the judge of the  | 
         
         
            | 
                
			 | 
            criminal law magistrate court is empowered to make all findings of  | 
         
         
            | 
                
			 | 
            fact and conclusions of law and to issue all orders necessary to  | 
         
         
            | 
                
			 | 
            properly dispose of the capias pro fine or indigency hearing in  | 
         
         
            | 
                
			 | 
            accordance with the provisions of the Code of Criminal Procedure  | 
         
         
            | 
                
			 | 
            applicable to a misdemeanor or felony case of the same type and  | 
         
         
            | 
                
			 | 
            level. | 
         
         
            | 
                
			 | 
                   (c)  A judge of the magistrate court may accept a plea of  | 
         
         
            | 
                
			 | 
            guilty or nolo contendere from a defendant charged with a  | 
         
         
            | 
                
			 | 
            misdemeanor or felony offense. | 
         
         
            | 
                
			 | 
                   Sec. 54.2505.  TRANSFER AND ASSIGNMENT OF CASES.  (a) Except  | 
         
         
            | 
                
			 | 
            as provided by Subsection (b) or local administrative rules, the  | 
         
         
            | 
                
			 | 
            local administrative judge or a judge of the criminal law  | 
         
         
            | 
                
			 | 
            magistrate court may transfer between courts a case that is pending  | 
         
         
            | 
                
			 | 
            in the court of any magistrate in the criminal law magistrate  | 
         
         
            | 
                
			 | 
            court's jurisdiction if the case is: | 
         
         
            | 
                
			 | 
                         (1)  an unindicted felony case; | 
         
         
            | 
                
			 | 
                         (2)  a Class A or Class B misdemeanor case if an  | 
         
         
            | 
                
			 | 
            information has not been filed; or | 
         
         
            | 
                
			 | 
                         (3)  a Class C misdemeanor case. | 
         
         
            | 
                
			 | 
                   (b)  A case may not be transferred from or to the magistrate  | 
         
         
            | 
                
			 | 
            docket of a district court judge, county court at law judge, or  | 
         
         
            | 
                
			 | 
            justice of the peace without the consent of the judge of the court  | 
         
         
            | 
                
			 | 
            to which it is transferred. | 
         
         
            | 
                
			 | 
                   (c)  Except as provided by Subsection (d) or local  | 
         
         
            | 
                
			 | 
            administrative rules, the local administrative judge may assign a  | 
         
         
            | 
                
			 | 
            judge of the criminal law magistrate court to act as presiding judge  | 
         
         
            | 
                
			 | 
            in a case that is pending in the court of any magistrate in the  | 
         
         
            | 
                
			 | 
            criminal law magistrate court's jurisdiction if the case is: | 
         
         
            | 
                
			 | 
                         (1)  an unindicted felony case; | 
         
         
            | 
                
			 | 
                         (2)  a Class A or Class B misdemeanor case if an  | 
         
         
            | 
                
			 | 
            information has not been filed; or | 
         
         
            | 
                
			 | 
                         (3)  a Class C misdemeanor case. | 
         
         
            | 
                
			 | 
                   (d)  A case may not be assigned to a district court judge,  | 
         
         
            | 
                
			 | 
            county court at law judge, or justice of the peace without the  | 
         
         
            | 
                
			 | 
            assigned judge's consent. | 
         
         
            | 
                
			 | 
                   (e)  This section applies only to the district courts, county  | 
         
         
            | 
                
			 | 
            courts at law, and justice courts in the county. | 
         
         
            | 
                
			 | 
                   Sec. 54.2506.  PROCEEDING THAT MAY BE REFERRED.  A district  | 
         
         
            | 
                
			 | 
            judge, county court at law judge, or justice of the peace may refer  | 
         
         
            | 
                
			 | 
            to a judge of the criminal law magistrate court any criminal case or  | 
         
         
            | 
                
			 | 
            matter relating to a criminal case for any proceeding other than  | 
         
         
            | 
                
			 | 
            presiding over a criminal trial on the merits, whether or not the  | 
         
         
            | 
                
			 | 
            trial is before a jury. | 
         
         
            | 
                
			 | 
                   Sec. 54.2507.  OATH OF OFFICE.  A judge of the criminal law  | 
         
         
            | 
                
			 | 
            magistrate court must take the constitutional oath of office  | 
         
         
            | 
                
			 | 
            prescribed for appointed officers. | 
         
         
            | 
                
			 | 
                   Sec. 54.2508.  JUDICIAL IMMUNITY.  A judge of the criminal  | 
         
         
            | 
                
			 | 
            law magistrate court has the same judicial immunity as a district  | 
         
         
            | 
                
			 | 
            judge. | 
         
         
            | 
                
			 | 
                   Sec. 54.2509.  CLERK.  The clerk of a district court or  | 
         
         
            | 
                
			 | 
            county court at law that refers a proceeding to a magistrate under  | 
         
         
            | 
                
			 | 
            this subchapter shall perform the statutory duties necessary for  | 
         
         
            | 
                
			 | 
            the magistrate to perform the duties authorized by this subchapter. | 
         
         
            | 
                
			 | 
                   Sec. 54.2510.  SHERIFF.  The county sheriff, either in  | 
         
         
            | 
                
			 | 
            person or by deputy, shall attend the criminal law magistrate court  | 
         
         
            | 
                
			 | 
            as required by the judge of that court. | 
         
         
            | 
                
			 | 
                   Sec. 54.2511.  WITNESSES.  (a) A witness who is sworn and who  | 
         
         
            | 
                
			 | 
            appears before a magistrate is subject to the penalties for perjury  | 
         
         
            | 
                
			 | 
            and aggravated perjury provided by law.  | 
         
         
            | 
                
			 | 
                   (b)  A referring court may fine or imprison a witness or  | 
         
         
            | 
                
			 | 
            other court participant for failure to appear after being summoned,  | 
         
         
            | 
                
			 | 
            refusal to answer questions, or other acts of direct contempt  | 
         
         
            | 
                
			 | 
            before a magistrate. | 
         
         
            | 
                
			 | 
                   SECTION 5.04.  Chapter 54, Government Code, is amended by  | 
         
         
            | 
                
			 | 
            adding Subchapter QQ to read as follows: | 
         
         
            | 
                
			 | 
            SUBCHAPTER QQ.  CRIMINAL LAW MAGISTRATES IN TOM GREEN COUNTY | 
         
         
            | 
                
			 | 
                   Sec. 54.2601.  APPOINTMENT.  (a)  The judges of the district  | 
         
         
            | 
                
			 | 
            courts of Tom Green County, with the consent and approval of the  | 
         
         
            | 
                
			 | 
            commissioners court of Tom Green County, shall jointly appoint the  | 
         
         
            | 
                
			 | 
            number of magistrates set by the commissioners court to perform the  | 
         
         
            | 
                
			 | 
            duties authorized by this subchapter. | 
         
         
            | 
                
			 | 
                   (b)  Each magistrate's appointment must be made with the  | 
         
         
            | 
                
			 | 
            approval of at least two-thirds of all the judges described in  | 
         
         
            | 
                
			 | 
            Subsection (a). | 
         
         
            | 
                
			 | 
                   (c)  If the number of magistrates is less than the number of  | 
         
         
            | 
                
			 | 
            district judges, each magistrate shall serve equally in the courts  | 
         
         
            | 
                
			 | 
            of those judges. | 
         
         
            | 
                
			 | 
                   Sec. 54.2602.  QUALIFICATIONS.  To be eligible for  | 
         
         
            | 
                
			 | 
            appointment as a magistrate, a person must: | 
         
         
            | 
                
			 | 
                         (1)  be a resident of this state; and | 
         
         
            | 
                
			 | 
                         (2)  have been licensed to practice law in this state  | 
         
         
            | 
                
			 | 
            for at least four years. | 
         
         
            | 
                
			 | 
                   Sec. 54.2603.  COMPENSATION.  (a)  A full-time magistrate is  | 
         
         
            | 
                
			 | 
            entitled to the salary determined by the commissioners court of Tom  | 
         
         
            | 
                
			 | 
            Green County.  The salary may not be less than an amount equal to the  | 
         
         
            | 
                
			 | 
            salary, supplements, and allowances paid to a justice of the peace  | 
         
         
            | 
                
			 | 
            of Tom Green County as set by the annual budget of Tom Green County. | 
         
         
            | 
                
			 | 
                   (b)  A magistrate's salary is paid from the county fund  | 
         
         
            | 
                
			 | 
            available for payment of officers' salaries. | 
         
         
            | 
                
			 | 
                   (c)  The salary of a part-time magistrate is equal to the  | 
         
         
            | 
                
			 | 
            per-hour salary of a full-time magistrate.  The per-hour salary is  | 
         
         
            | 
                
			 | 
            determined by dividing the annual salary by a 2,080 work-hour year.   | 
         
         
            | 
                
			 | 
            The judges of the courts trying criminal cases in Tom Green County  | 
         
         
            | 
                
			 | 
            shall approve the number of hours for which a part-time magistrate  | 
         
         
            | 
                
			 | 
            is to be paid. | 
         
         
            | 
                
			 | 
                   Sec. 54.2604.  JUDICIAL IMMUNITY.  A magistrate has the same  | 
         
         
            | 
                
			 | 
            judicial immunity as a district judge. | 
         
         
            | 
                
			 | 
                   Sec. 54.2605.  TERMINATION OF SERVICES.  (a)  A magistrate  | 
         
         
            | 
                
			 | 
            who serves a single court serves at the will of the judge. | 
         
         
            | 
                
			 | 
                   (b)  The services of a magistrate who serves more than one  | 
         
         
            | 
                
			 | 
            court may be terminated by a majority vote of all the judges whom  | 
         
         
            | 
                
			 | 
            the magistrate serves. | 
         
         
            | 
                
			 | 
                   Sec. 54.2606.  PROCEEDING THAT MAY BE REFERRED.  (a)  A judge  | 
         
         
            | 
                
			 | 
            may refer to a magistrate any criminal case or matter relating to a  | 
         
         
            | 
                
			 | 
            criminal case for proceedings involving: | 
         
         
            | 
                
			 | 
                         (1)  a negotiated plea of guilty or no contest and  | 
         
         
            | 
                
			 | 
            sentencing before the court; | 
         
         
            | 
                
			 | 
                         (2)  a bond forfeiture, remittitur, and related  | 
         
         
            | 
                
			 | 
            proceedings; | 
         
         
            | 
                
			 | 
                         (3)  a pretrial motion; | 
         
         
            | 
                
			 | 
                         (4)  a writ of habeas corpus; | 
         
         
            | 
                
			 | 
                         (5)  an examining trial; | 
         
         
            | 
                
			 | 
                         (6)  an occupational driver's license; | 
         
         
            | 
                
			 | 
                         (7)  a petition for an order of expunction under  | 
         
         
            | 
                
			 | 
            Chapter 55, Code of Criminal Procedure; | 
         
         
            | 
                
			 | 
                         (8)  an asset forfeiture hearing as provided by Chapter  | 
         
         
            | 
                
			 | 
            59, Code of Criminal Procedure; | 
         
         
            | 
                
			 | 
                         (9)  a petition for an order of nondisclosure of  | 
         
         
            | 
                
			 | 
            criminal history record information or an order of nondisclosure of  | 
         
         
            | 
                
			 | 
            criminal history record information that does not require a  | 
         
         
            | 
                
			 | 
            petition provided by Subchapter E-1, Chapter 411; | 
         
         
            | 
                
			 | 
                         (10)  a motion to modify or revoke community  | 
         
         
            | 
                
			 | 
            supervision or to proceed with an adjudication of guilty; | 
         
         
            | 
                
			 | 
                         (11)  setting conditions, modifying, revoking, and  | 
         
         
            | 
                
			 | 
            surrendering of bonds, including surety bonds; | 
         
         
            | 
                
			 | 
                         (12)  specialty court proceedings; | 
         
         
            | 
                
			 | 
                         (13)  a waiver of extradition; and | 
         
         
            | 
                
			 | 
                         (14)  any other matter the judge considers necessary  | 
         
         
            | 
                
			 | 
            and proper. | 
         
         
            | 
                
			 | 
                   (b)  A judge may refer to a magistrate a civil case arising  | 
         
         
            | 
                
			 | 
            out of Chapter 59, Code of Criminal Procedure, for any purpose  | 
         
         
            | 
                
			 | 
            authorized by that chapter, including issuing orders, accepting  | 
         
         
            | 
                
			 | 
            agreed judgments, enforcing judgments, and presiding over a case on  | 
         
         
            | 
                
			 | 
            the merits if a party has not requested a jury trial. | 
         
         
            | 
                
			 | 
                   (c)  A magistrate may accept a plea of guilty from a  | 
         
         
            | 
                
			 | 
            defendant charged with misdemeanor, felony, or both misdemeanor and  | 
         
         
            | 
                
			 | 
            felony offenses. | 
         
         
            | 
                
			 | 
                   (d)  A magistrate may select a jury. A magistrate may not  | 
         
         
            | 
                
			 | 
            preside over a criminal trial on the merits, whether or not the  | 
         
         
            | 
                
			 | 
            trial is before a jury. | 
         
         
            | 
                
			 | 
                   (e)  A magistrate may not hear a jury trial on the merits of a  | 
         
         
            | 
                
			 | 
            bond forfeiture. | 
         
         
            | 
                
			 | 
                   (f)  A judge of a designated juvenile court may refer to a  | 
         
         
            | 
                
			 | 
            magistrate any proceeding over which a juvenile court has exclusive  | 
         
         
            | 
                
			 | 
            original jurisdiction under Title 3, Family Code, including any  | 
         
         
            | 
                
			 | 
            matter ancillary to the proceeding. | 
         
         
            | 
                
			 | 
                   Sec. 54.2607.  ORDER OF REFERRAL.  (a)  To refer one or more  | 
         
         
            | 
                
			 | 
            cases to a magistrate, a judge must issue an order of referral  | 
         
         
            | 
                
			 | 
            specifying the magistrate's duties. | 
         
         
            | 
                
			 | 
                   (b)  An order of referral may: | 
         
         
            | 
                
			 | 
                         (1)  limit the powers of the magistrate and direct the  | 
         
         
            | 
                
			 | 
            magistrate to report only on specific issues, perform particular  | 
         
         
            | 
                
			 | 
            acts, or only receive and report on evidence; | 
         
         
            | 
                
			 | 
                         (2)  set the time and place for the hearing; | 
         
         
            | 
                
			 | 
                         (3)  prescribe a closing date for the hearing; | 
         
         
            | 
                
			 | 
                         (4)  provide a date for filing the magistrate's  | 
         
         
            | 
                
			 | 
            findings; | 
         
         
            | 
                
			 | 
                         (5)  designate proceedings for more than one case over  | 
         
         
            | 
                
			 | 
            which the magistrate shall preside; | 
         
         
            | 
                
			 | 
                         (6)  direct the magistrate to call the court's docket;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         (7)  provide the general powers and limitations of  | 
         
         
            | 
                
			 | 
            authority of the magistrate applicable to any case referred. | 
         
         
            | 
                
			 | 
                   Sec. 54.2608.  POWERS.  (a)  Except as limited by an order of  | 
         
         
            | 
                
			 | 
            referral, a magistrate to whom a case is referred may: | 
         
         
            | 
                
			 | 
                         (1)  conduct hearings; | 
         
         
            | 
                
			 | 
                         (2)  hear evidence; | 
         
         
            | 
                
			 | 
                         (3)  compel production of relevant evidence; | 
         
         
            | 
                
			 | 
                         (4)  rule on admissibility of evidence; | 
         
         
            | 
                
			 | 
                         (5)  issue summons for the appearance of witnesses; | 
         
         
            | 
                
			 | 
                         (6)  examine witnesses; | 
         
         
            | 
                
			 | 
                         (7)  swear witnesses for hearings; | 
         
         
            | 
                
			 | 
                         (8)  make findings of fact on evidence; | 
         
         
            | 
                
			 | 
                         (9)  formulate conclusions of law; | 
         
         
            | 
                
			 | 
                         (10)  rule on a pretrial motion; | 
         
         
            | 
                
			 | 
                         (11)  recommend the rulings, orders, or judgment to be  | 
         
         
            | 
                
			 | 
            made in a case; | 
         
         
            | 
                
			 | 
                         (12)  regulate proceedings in a hearing; | 
         
         
            | 
                
			 | 
                         (13)  accept a plea of guilty from a defendant charged  | 
         
         
            | 
                
			 | 
            with misdemeanor, felony, or both misdemeanor and felony offenses; | 
         
         
            | 
                
			 | 
                         (14)  select a jury; | 
         
         
            | 
                
			 | 
                         (15)  accept a negotiated plea on probation revocation; | 
         
         
            | 
                
			 | 
                         (16)  conduct a contested probation revocation  | 
         
         
            | 
                
			 | 
            hearing; | 
         
         
            | 
                
			 | 
                         (17)  sign a dismissal in a misdemeanor case; | 
         
         
            | 
                
			 | 
                         (18)  in any case referred under Section 54.656(a)(1),  | 
         
         
            | 
                
			 | 
            accept a negotiated plea of guilty or no contest and: | 
         
         
            | 
                
			 | 
                               (A)  enter a finding of guilty and impose or  | 
         
         
            | 
                
			 | 
            suspend the sentence; or | 
         
         
            | 
                
			 | 
                               (B)  defer adjudication of guilty; and | 
         
         
            | 
                
			 | 
                         (19)  perform any act and take any measure necessary  | 
         
         
            | 
                
			 | 
            and proper for the efficient performance of the duties required by  | 
         
         
            | 
                
			 | 
            the order of referral. | 
         
         
            | 
                
			 | 
                   (b)  A magistrate may sign a motion to dismiss submitted by  | 
         
         
            | 
                
			 | 
            an attorney representing the state on cases referred to the  | 
         
         
            | 
                
			 | 
            magistrate, or on dockets called by the magistrate, and may  | 
         
         
            | 
                
			 | 
            consider adjudicated cases at sentencing under Section 12.45, Penal  | 
         
         
            | 
                
			 | 
            Code. | 
         
         
            | 
                
			 | 
                   (c)  A magistrate has all the powers of a magistrate under  | 
         
         
            | 
                
			 | 
            the laws of this state and may administer an oath for any purpose. | 
         
         
            | 
                
			 | 
                   Sec. 54.2609.  COURT REPORTER.  At the request of a party in  | 
         
         
            | 
                
			 | 
            a felony case, the court shall provide a court reporter to record  | 
         
         
            | 
                
			 | 
            the proceedings before the magistrate. | 
         
         
            | 
                
			 | 
                   Sec. 54.2610.  WITNESS.  (a)  A witness who appears before a  | 
         
         
            | 
                
			 | 
            magistrate and is sworn is subject to the penalties for perjury  | 
         
         
            | 
                
			 | 
            provided by law. | 
         
         
            | 
                
			 | 
                   (b)  A referring court may issue attachment against and may  | 
         
         
            | 
                
			 | 
            fine or imprison a witness whose failure to appear after being  | 
         
         
            | 
                
			 | 
            summoned or whose refusal to answer questions has been certified to  | 
         
         
            | 
                
			 | 
            the court. | 
         
         
            | 
                
			 | 
                   Sec. 54.2611.  PAPERS TRANSMITTED TO JUDGE.  At the  | 
         
         
            | 
                
			 | 
            conclusion of the proceedings, a magistrate shall transmit to the  | 
         
         
            | 
                
			 | 
            referring court any papers relating to the case, including the  | 
         
         
            | 
                
			 | 
            magistrate's findings, conclusions, orders, recommendations, or  | 
         
         
            | 
                
			 | 
            other action taken. | 
         
         
            | 
                
			 | 
                   Sec. 54.2612.  JUDICIAL ACTION.  (a)  A referring court may  | 
         
         
            | 
                
			 | 
            modify, correct, reject, reverse, or recommit for further  | 
         
         
            | 
                
			 | 
            information any action taken by the magistrate. | 
         
         
            | 
                
			 | 
                   (b)  If the court does not modify, correct, reject, reverse,  | 
         
         
            | 
                
			 | 
            or recommit an action of the magistrate, the action becomes the  | 
         
         
            | 
                
			 | 
            decree of the court. | 
         
         
            | 
                
			 | 
                   (c)  At the conclusion of each term during which the services  | 
         
         
            | 
                
			 | 
            of a magistrate are used, the referring court shall enter a decree  | 
         
         
            | 
                
			 | 
            on the minutes adopting the actions of the magistrate of which the  | 
         
         
            | 
                
			 | 
            court approves. | 
         
         
            | 
                
			 | 
                   Sec. 54.2613.  MAGISTRATE.  (a) If a magistrate appointed  | 
         
         
            | 
                
			 | 
            under this subchapter is absent or unable to serve, the judge  | 
         
         
            | 
                
			 | 
            referring the case may appoint another magistrate to serve for the  | 
         
         
            | 
                
			 | 
            absent magistrate. | 
         
         
            | 
                
			 | 
                   (b)  A magistrate serving for another magistrate under this  | 
         
         
            | 
                
			 | 
            section has the powers and shall perform the duties of the  | 
         
         
            | 
                
			 | 
            magistrate for whom the magistrate is serving. | 
         
         
            | 
                
			 | 
                   Sec. 54.2614.  CLERK.  The clerk of a district court that  | 
         
         
            | 
                
			 | 
            refers a proceeding to a magistrate under this subchapter shall  | 
         
         
            | 
                
			 | 
            perform the statutory duties necessary for the magistrate to  | 
         
         
            | 
                
			 | 
            perform the duties authorized by this subchapter. | 
         
         
            | 
                
			 | 
                   SECTION 5.05.  Section 54.653(b), Government Code, is  | 
         
         
            | 
                
			 | 
            repealed. | 
         
         
            | 
                
			 | 
            ARTICLE 6.  ELECTRONIC FILING SYSTEM | 
         
         
            | 
                
			 | 
                   SECTION 6.01.  Section 72.031(a), Government Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Subdivision (5) to read as follows: | 
         
         
            | 
                
			 | 
                         (5)  "State court document database" means a database  | 
         
         
            | 
                
			 | 
            accessible by the public and established or authorized by the  | 
         
         
            | 
                
			 | 
            supreme court for storing documents filed with a court in this  | 
         
         
            | 
                
			 | 
            state. | 
         
         
            | 
                
			 | 
                   SECTION 6.02.  Section 72.031(b), Government Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  The office as authorized by supreme court rule or order  | 
         
         
            | 
                
			 | 
            may: | 
         
         
            | 
                
			 | 
                         (1)  implement an electronic filing system for use in  | 
         
         
            | 
                
			 | 
            the courts of this state; | 
         
         
            | 
                
			 | 
                         (2)  allow public access to view information or  | 
         
         
            | 
                
			 | 
            documents in the state court document database; and | 
         
         
            | 
                
			 | 
                         (3)  charge a reasonable fee for additional optional  | 
         
         
            | 
                
			 | 
            features in the state court document database. | 
         
         
            | 
                
			 | 
            ARTICLE 7.  TRANSFER OF CASES | 
         
         
            | 
                
			 | 
                   SECTION 7.01.  Section 155.207, Family Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 155.207.  TRANSFER OF COURT FILES.  (a)  Not later than  | 
         
         
            | 
                
			 | 
            the 10th working day after the date an order of transfer is signed,  | 
         
         
            | 
                
			 | 
            the clerk of the court transferring a proceeding shall send, using  | 
         
         
            | 
                
			 | 
            the electronic filing system established under Section 72.031,  | 
         
         
            | 
                
			 | 
            Government Code, to the proper court in the county to which transfer  | 
         
         
            | 
                
			 | 
            is being made: | 
         
         
            | 
                
			 | 
                         (1)  a transfer certificate and index of transferred  | 
         
         
            | 
                
			 | 
            documents [the pleadings in the pending proceeding and any other  | 
         
         
            | 
                
			 | 
            document specifically requested by a party]; | 
         
         
            | 
                
			 | 
                         (2)  [certified copies of all entries in the minutes; | 
         
         
            | 
                
			 | 
                         [(3)]  a [certified] copy of each final order; | 
         
         
            | 
                
			 | 
                         (3)  [and | 
         
         
            | 
                
			 | 
                         [(4)]  a [certified] copy of the order of transfer  | 
         
         
            | 
                
			 | 
            signed by the transferring court; | 
         
         
            | 
                
			 | 
                         (4)  a copy of the original papers filed in the  | 
         
         
            | 
                
			 | 
            transferring court; | 
         
         
            | 
                
			 | 
                         (5)  a copy of the transfer certificate and index of  | 
         
         
            | 
                
			 | 
            transferred documents from each previous transfer; and | 
         
         
            | 
                
			 | 
                         (6)  a bill of any costs that have accrued in the  | 
         
         
            | 
                
			 | 
            transferring court. | 
         
         
            | 
                
			 | 
                   (a-1)  The clerk of the transferring court shall use the  | 
         
         
            | 
                
			 | 
            standardized transfer certificate and index of transferred  | 
         
         
            | 
                
			 | 
            documents form created by the Office of Court Administration of the  | 
         
         
            | 
                
			 | 
            Texas Judicial System under Section 72.037, Government Code, when  | 
         
         
            | 
                
			 | 
            transferring a proceeding under this section. | 
         
         
            | 
                
			 | 
                   (b)  The clerk of the transferring court shall keep a copy of  | 
         
         
            | 
                
			 | 
            [the] transferred pleadings [and other requested documents.  If the  | 
         
         
            | 
                
			 | 
            transferring court retains jurisdiction of another child who was  | 
         
         
            | 
                
			 | 
            the subject of the suit, the clerk shall send a copy of the  | 
         
         
            | 
                
			 | 
            pleadings and other requested documents to the court to which the  | 
         
         
            | 
                
			 | 
            transfer is made and shall keep the original pleadings and other  | 
         
         
            | 
                
			 | 
            requested documents]. | 
         
         
            | 
                
			 | 
                   (c)  The [On receipt of the pleadings, documents, and orders  | 
         
         
            | 
                
			 | 
            from the transferring court, the] clerk of the transferee court  | 
         
         
            | 
                
			 | 
            shall: | 
         
         
            | 
                
			 | 
                         (1)  accept documents transferred under Subsection  | 
         
         
            | 
                
			 | 
            (a); | 
         
         
            | 
                
			 | 
                         (2)  docket the suit; and | 
         
         
            | 
                
			 | 
                         (3)  [shall] notify, using the electronic filing system  | 
         
         
            | 
                
			 | 
            established under Section 72.031, Government Code [the judge of the  | 
         
         
            | 
                
			 | 
            transferee court], all parties, the clerk of the transferring  | 
         
         
            | 
                
			 | 
            court, and, if appropriate, the transferring court's local registry  | 
         
         
            | 
                
			 | 
            that the suit has been docketed. | 
         
         
            | 
                
			 | 
                   (c-1)  The clerk of the transferee court shall physically or  | 
         
         
            | 
                
			 | 
            electronically mark or stamp the transfer certificate and index of  | 
         
         
            | 
                
			 | 
            transferred documents to evidence the date and time of acceptance  | 
         
         
            | 
                
			 | 
            under Subsection (c), but may not physically or electronically mark  | 
         
         
            | 
                
			 | 
            or stamp any other document transferred under Subsection (a). | 
         
         
            | 
                
			 | 
                   (d)  The clerk of the transferring court shall send a  | 
         
         
            | 
                
			 | 
            certified copy of the order directing payments to the transferee  | 
         
         
            | 
                
			 | 
            court: | 
         
         
            | 
                
			 | 
                         (1)  [,] to any party [or employer] affected by the | 
         
         
            | 
                
			 | 
            [that] order, and, if appropriate, to the local registry of the  | 
         
         
            | 
                
			 | 
            transferee court using the electronic filing system established  | 
         
         
            | 
                
			 | 
            under Section 72.031, Government Code; and | 
         
         
            | 
                
			 | 
                         (2)  to an employer affected by the order  | 
         
         
            | 
                
			 | 
            electronically or by first class mail. | 
         
         
            | 
                
			 | 
                   (e)  The clerks of both the transferee and transferring  | 
         
         
            | 
                
			 | 
            courts may each produce under Chapter 51, Government Code,  | 
         
         
            | 
                
			 | 
            certified or uncertified copies of documents filed in a case  | 
         
         
            | 
                
			 | 
            transferred under this section, but shall also include a copy of the  | 
         
         
            | 
                
			 | 
            transfer certificate and index of transferred documents with each  | 
         
         
            | 
                
			 | 
            document produced. | 
         
         
            | 
                
			 | 
                   (f)  Sections 80.001 and 80.002, Government Code, do not  | 
         
         
            | 
                
			 | 
            apply to the transfer of documents under this section. | 
         
         
            | 
                
			 | 
                   SECTION 7.02.  Section 51.3071, Government Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 51.3071.  TRANSFER OF CASES.  (a) If a case is  | 
         
         
            | 
                
			 | 
            transferred from a district court to a county court, the clerk of  | 
         
         
            | 
                
			 | 
            the district court shall [may] send to the county clerk using the  | 
         
         
            | 
                
			 | 
            electronic filing system established under Section 72.031 [in  | 
         
         
            | 
                
			 | 
            electronic or paper form]: | 
         
         
            | 
                
			 | 
                         (1)  a transfer certificate and index of transferred  | 
         
         
            | 
                
			 | 
            documents [certified transcript of the proceedings held in the  | 
         
         
            | 
                
			 | 
            district court]; | 
         
         
            | 
                
			 | 
                         (2)  a copy of the original papers filed in the  | 
         
         
            | 
                
			 | 
            transferring [district] court; [and] | 
         
         
            | 
                
			 | 
                         (3)  a copy of the order of transfer signed by the  | 
         
         
            | 
                
			 | 
            transferring court; | 
         
         
            | 
                
			 | 
                         (4)  a copy of each final order; | 
         
         
            | 
                
			 | 
                         (5)  a copy of the transfer certificate and index of  | 
         
         
            | 
                
			 | 
            transferred documents from each previous transfer; and | 
         
         
            | 
                
			 | 
                         (6)  a bill of any [the] costs that have accrued in the  | 
         
         
            | 
                
			 | 
            transferring [district] court. | 
         
         
            | 
                
			 | 
                   (b)  The clerk of the transferring court shall use the  | 
         
         
            | 
                
			 | 
            standardized transfer certificate and index of transferred  | 
         
         
            | 
                
			 | 
            documents form created by the Office of Court Administration of the  | 
         
         
            | 
                
			 | 
            Texas Judicial System under Section 72.037 when transferring a case  | 
         
         
            | 
                
			 | 
            under this section. | 
         
         
            | 
                
			 | 
                   (c)  The clerk of the transferee court shall accept documents  | 
         
         
            | 
                
			 | 
            transferred under Subsection (a) and docket the case. | 
         
         
            | 
                
			 | 
                   (d)  The clerk of the transferee court shall physically or  | 
         
         
            | 
                
			 | 
            electronically mark or stamp the transfer certificate and index of  | 
         
         
            | 
                
			 | 
            transferred documents to evidence the date and time of acceptance  | 
         
         
            | 
                
			 | 
            under Subsection (c), but may not physically or electronically mark  | 
         
         
            | 
                
			 | 
            or stamp any other document transferred under Subsection (a). | 
         
         
            | 
                
			 | 
                   (e)  Sections 80.001 and 80.002 do not apply to the transfer  | 
         
         
            | 
                
			 | 
            of documents under this section. | 
         
         
            | 
                
			 | 
                   SECTION 7.03.  Section 51.403, Government Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 51.403.  TRANSFER OF CASES.  (a)  If a case is  | 
         
         
            | 
                
			 | 
            transferred from a county court to a district court, the clerk of  | 
         
         
            | 
                
			 | 
            the county court shall send to the district clerk using the  | 
         
         
            | 
                
			 | 
            electronic filing system established under Section 72.031 [in  | 
         
         
            | 
                
			 | 
            electronic or paper form]: | 
         
         
            | 
                
			 | 
                         (1)  a transfer certificate and index of transferred  | 
         
         
            | 
                
			 | 
            documents [certified transcript  of the proceedings held in the  | 
         
         
            | 
                
			 | 
            county court]; | 
         
         
            | 
                
			 | 
                         (2)  a copy of the original papers filed in the  | 
         
         
            | 
                
			 | 
            transferring [county] court; [and] | 
         
         
            | 
                
			 | 
                         (3)  a copy of the order of transfer signed by the  | 
         
         
            | 
                
			 | 
            transferring court; | 
         
         
            | 
                
			 | 
                         (4)  a copy of each final order; | 
         
         
            | 
                
			 | 
                         (5)  a copy of the transfer certificate and index of  | 
         
         
            | 
                
			 | 
            transferred documents from each previous transfer; and | 
         
         
            | 
                
			 | 
                         (6)  a bill of any [the] costs that have accrued in the  | 
         
         
            | 
                
			 | 
            transferring [county] court. | 
         
         
            | 
                
			 | 
                   (a-1)  The clerk of the transferring court shall use the  | 
         
         
            | 
                
			 | 
            standardized transfer certificate and index of transferred  | 
         
         
            | 
                
			 | 
            documents form created by the Office of Court Administration of the  | 
         
         
            | 
                
			 | 
            Texas Judicial System under Section 72.037 when transferring a case  | 
         
         
            | 
                
			 | 
            under this section. | 
         
         
            | 
                
			 | 
                   (a-2)  The clerk of the transferee court shall accept  | 
         
         
            | 
                
			 | 
            documents transferred under Subsection (a) and docket the case. | 
         
         
            | 
                
			 | 
                   (a-3)  The clerk of the transferee court shall physically or  | 
         
         
            | 
                
			 | 
            electronically mark or stamp the transfer certificate and index of  | 
         
         
            | 
                
			 | 
            transferred documents to evidence the date and time of acceptance  | 
         
         
            | 
                
			 | 
            under Subsection (a-2), but may not physically or electronically  | 
         
         
            | 
                
			 | 
            mark or stamp any other document transferred under Subsection (a). | 
         
         
            | 
                
			 | 
                   (b)  If civil or criminal jurisdiction of a county court is  | 
         
         
            | 
                
			 | 
            transferred to a district court, the clerk of the county court shall  | 
         
         
            | 
                
			 | 
            send using the electronic filing system established under Section  | 
         
         
            | 
                
			 | 
            72.031 a certified copy of the judgments rendered in the county  | 
         
         
            | 
                
			 | 
            court that remain unsatisfied[, in electronic or paper form,] to  | 
         
         
            | 
                
			 | 
            the district clerks of the appropriate counties. | 
         
         
            | 
                
			 | 
                   (c)  Sections 80.001 and 80.002 do not apply to the transfer  | 
         
         
            | 
                
			 | 
            of documents under this section. | 
         
         
            | 
                
			 | 
                   SECTION 7.04.  Subchapter C, Chapter 72, Government Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 72.037 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 72.037.  TRANSFER CERTIFICATE AND INDEX OF TRANSFERRED  | 
         
         
            | 
                
			 | 
            DOCUMENTS FORM.  (a)  The office shall develop and make available a  | 
         
         
            | 
                
			 | 
            standardized transfer certificate and an index of transferred  | 
         
         
            | 
                
			 | 
            documents form to be used for the transfer of cases and proceedings  | 
         
         
            | 
                
			 | 
            under Section 155.207, Family Code, and Sections 51.3071 and 51.403  | 
         
         
            | 
                
			 | 
            of this code. | 
         
         
            | 
                
			 | 
                   (b)  In developing a form under this section, the office  | 
         
         
            | 
                
			 | 
            shall consult with representatives of county and district clerks. | 
         
         
            | 
                
			 | 
                   SECTION 7.05.  As soon as practicable after the effective  | 
         
         
            | 
                
			 | 
            date of this Act, the Office of Court Administration of the Texas  | 
         
         
            | 
                
			 | 
            Judicial System shall adopt rules and develop and make available  | 
         
         
            | 
                
			 | 
            all forms and materials required by Section 72.037, Government  | 
         
         
            | 
                
			 | 
            Code, as added by this Act. | 
         
         
            | 
                
			 | 
            ARTICLE 8.  HABEAS CORPUS | 
         
         
            | 
                
			 | 
                   SECTION 8.01.  Section 3(b), Article 11.07, Code of Criminal  | 
         
         
            | 
                
			 | 
            Procedure, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  An application for writ of habeas corpus filed after  | 
         
         
            | 
                
			 | 
            final conviction in a felony case, other than a case in which the  | 
         
         
            | 
                
			 | 
            death penalty is imposed, must be filed with the clerk of the court  | 
         
         
            | 
                
			 | 
            in which the conviction being challenged was obtained, and the  | 
         
         
            | 
                
			 | 
            clerk shall assign the application to that court.  When the  | 
         
         
            | 
                
			 | 
            application is received by that court, a writ of habeas corpus,  | 
         
         
            | 
                
			 | 
            returnable to the Court of Criminal Appeals, shall issue by  | 
         
         
            | 
                
			 | 
            operation of law.  The clerk of that court shall make appropriate  | 
         
         
            | 
                
			 | 
            notation thereof, assign to the case a file number (ancillary to  | 
         
         
            | 
                
			 | 
            that of the conviction being challenged), and forward a copy of the  | 
         
         
            | 
                
			 | 
            application by certified mail, return receipt requested, by secure  | 
         
         
            | 
                
			 | 
            electronic mail, or by personal service to the attorney  | 
         
         
            | 
                
			 | 
            representing the state in that court, who shall answer the  | 
         
         
            | 
                
			 | 
            application not later than the 30th [15th] day after the date the  | 
         
         
            | 
                
			 | 
            copy of the application is received.  Matters alleged in the  | 
         
         
            | 
                
			 | 
            application not admitted by the state are deemed denied. | 
         
         
            | 
                
			 | 
                   SECTION 8.02.  Section 5(a), Article 11.072, Code of  | 
         
         
            | 
                
			 | 
            Criminal Procedure, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  Immediately on filing an application, the applicant  | 
         
         
            | 
                
			 | 
            shall serve a copy of the application on the attorney representing  | 
         
         
            | 
                
			 | 
            the state[,] by: | 
         
         
            | 
                
			 | 
                         (1)  [either] certified mail, return receipt  | 
         
         
            | 
                
			 | 
            requested; | 
         
         
            | 
                
			 | 
                         (2)  [, or] personal service; | 
         
         
            | 
                
			 | 
                         (3)  electronic service through the electronic filing  | 
         
         
            | 
                
			 | 
            manager authorized by Rule 21, Texas Rules of Civil Procedure; or | 
         
         
            | 
                
			 | 
                         (4)  a secure electronic transmission to the attorney's  | 
         
         
            | 
                
			 | 
            e-mail address filed with the electronic filing system as required  | 
         
         
            | 
                
			 | 
            under Section 80.003, Government Code. | 
         
         
            | 
                
			 | 
                   SECTION 8.03.  Section 3(b), Article 11.07, Code of Criminal  | 
         
         
            | 
                
			 | 
            Procedure, as amended by this Act, applies only to an application  | 
         
         
            | 
                
			 | 
            for a writ of habeas corpus filed on or after the effective date of  | 
         
         
            | 
                
			 | 
            this Act.  An application filed before the effective date of this  | 
         
         
            | 
                
			 | 
            Act is governed by the law in effect on the date the application was  | 
         
         
            | 
                
			 | 
            filed, and the former law is continued in effect for that purpose. | 
         
         
            | 
                
			 | 
                   SECTION 8.04.  Section 5(a), Article 11.072, Code of  | 
         
         
            | 
                
			 | 
            Criminal Procedure, as amended by this Act, applies only to an  | 
         
         
            | 
                
			 | 
            application for a writ of habeas corpus filed on or after the  | 
         
         
            | 
                
			 | 
            effective date of this Act.  An application filed before the  | 
         
         
            | 
                
			 | 
            effective date of this Act is governed by the law in effect when the  | 
         
         
            | 
                
			 | 
            application was filed, and the former law is continued in effect for  | 
         
         
            | 
                
			 | 
            that purpose. | 
         
         
            | 
                
			 | 
            ARTICLE 9. PUBLICATION OF CITATION FOR RECEIVERSHIP | 
         
         
            | 
                
			 | 
                   SECTION 9.01.  Section 64.101(c), Civil Practice and  | 
         
         
            | 
                
			 | 
            Remedies Code, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   (c)  Except as provided by Section 17.032, the [The] citation  | 
         
         
            | 
                
			 | 
            shall be published on the public information Internet website  | 
         
         
            | 
                
			 | 
            maintained as required by Section 72.034, Government Code, as added  | 
         
         
            | 
                
			 | 
            by Chapter 606 (S.B. 891), Acts of the 86th Legislature, Regular  | 
         
         
            | 
                
			 | 
            Session, 2019, and in a newspaper of general circulation: | 
         
         
            | 
                
			 | 
                         (1)  once in the county in which the missing person  | 
         
         
            | 
                
			 | 
            resides; and | 
         
         
            | 
                
			 | 
                         (2)  once in each county in which property of the  | 
         
         
            | 
                
			 | 
            missing person's estate is located. | 
         
         
            | 
                
			 | 
                   SECTION 9.02.  Section 51.103(b), Estates Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  Proof of service consists of: | 
         
         
            | 
                
			 | 
                         (1)  if the service is made by a sheriff or constable,  | 
         
         
            | 
                
			 | 
            the return of service; | 
         
         
            | 
                
			 | 
                         (2)  if the service is made by a private person, the  | 
         
         
            | 
                
			 | 
            person's affidavit; | 
         
         
            | 
                
			 | 
                         (3)  if the service is made by mail: | 
         
         
            | 
                
			 | 
                               (A)  the certificate of the county clerk making  | 
         
         
            | 
                
			 | 
            the service, or the affidavit of the personal representative or  | 
         
         
            | 
                
			 | 
            other person making the service, stating that the citation or  | 
         
         
            | 
                
			 | 
            notice was mailed and the date of the mailing; and | 
         
         
            | 
                
			 | 
                               (B)  the return receipt attached to the  | 
         
         
            | 
                
			 | 
            certificate or affidavit, as applicable, if the mailing was by  | 
         
         
            | 
                
			 | 
            registered or certified mail and a receipt has been returned; and | 
         
         
            | 
                
			 | 
                         (4)  if the service is made by publication: | 
         
         
            | 
                
			 | 
                               (A)  a statement [an affidavit]: | 
         
         
            | 
                
			 | 
                                     (i)  made by the Office of Court  | 
         
         
            | 
                
			 | 
            Administration of the Texas Judicial System or an employee of the  | 
         
         
            | 
                
			 | 
            office; | 
         
         
            | 
                
			 | 
                                     (ii)  that contains or to which is attached a  | 
         
         
            | 
                
			 | 
            copy of the published citation or notice; and | 
         
         
            | 
                
			 | 
                                     (iii)  that states the date of publication  | 
         
         
            | 
                
			 | 
            on the public information Internet website maintained as required  | 
         
         
            | 
                
			 | 
            by Section 72.034, Government Code, as added by Chapter 606 (S.B.  | 
         
         
            | 
                
			 | 
            891), Acts of the 86th Legislature, Regular Session, 2019; and | 
         
         
            | 
                
			 | 
                               (B)  an affidavit: | 
         
         
            | 
                
			 | 
                                     (i)  made by the publisher of the newspaper  | 
         
         
            | 
                
			 | 
            in which the citation or notice was published or an employee of the  | 
         
         
            | 
                
			 | 
            publisher; | 
         
         
            | 
                
			 | 
                                     (ii)  that contains or to which is attached a  | 
         
         
            | 
                
			 | 
            copy of the published citation or notice; and | 
         
         
            | 
                
			 | 
                                     (iii)  that states the date of publication  | 
         
         
            | 
                
			 | 
            printed on the newspaper in which the citation or notice was  | 
         
         
            | 
                
			 | 
            published. | 
         
         
            | 
                
			 | 
                   SECTION 9.03.  Section 1051.153(b), Estates Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  Proof of service consists of: | 
         
         
            | 
                
			 | 
                         (1)  if the service is made by a sheriff or constable,  | 
         
         
            | 
                
			 | 
            the return of service; | 
         
         
            | 
                
			 | 
                         (2)  if the service is made by a private person, the  | 
         
         
            | 
                
			 | 
            person's affidavit; | 
         
         
            | 
                
			 | 
                         (3)  if the service is made by mail: | 
         
         
            | 
                
			 | 
                               (A)  the certificate of the county clerk making  | 
         
         
            | 
                
			 | 
            the service, or the affidavit of the guardian or other person making  | 
         
         
            | 
                
			 | 
            the service that states that the citation or notice was mailed and  | 
         
         
            | 
                
			 | 
            the date of the mailing; and | 
         
         
            | 
                
			 | 
                               (B)  the return receipt attached to the  | 
         
         
            | 
                
			 | 
            certificate, if the mailing was by registered or certified mail and  | 
         
         
            | 
                
			 | 
            a receipt has been returned; and | 
         
         
            | 
                
			 | 
                         (4)  if the service is made by publication: | 
         
         
            | 
                
			 | 
                               (A)  a statement [an affidavit] that: | 
         
         
            | 
                
			 | 
                                     (i)  is made by the Office of Court  | 
         
         
            | 
                
			 | 
            Administration of the Texas Judicial System or an employee of the  | 
         
         
            | 
                
			 | 
            office; | 
         
         
            | 
                
			 | 
                                     (ii)  contains or to which is attached a copy  | 
         
         
            | 
                
			 | 
            of the published citation or notice; and | 
         
         
            | 
                
			 | 
                                     (iii)  states the date of publication on the  | 
         
         
            | 
                
			 | 
            public information Internet website maintained as required by  | 
         
         
            | 
                
			 | 
            Section 72.034, Government Code, as added by Chapter 606 (S.B.  | 
         
         
            | 
                
			 | 
            891), Acts of the 86th Legislature, Regular Session, 2019; and | 
         
         
            | 
                
			 | 
                               (B)  an affidavit that: | 
         
         
            | 
                
			 | 
                                     (i)  is made by the publisher of the  | 
         
         
            | 
                
			 | 
            newspaper in which the citation or notice was published or an  | 
         
         
            | 
                
			 | 
            employee of the publisher; | 
         
         
            | 
                
			 | 
                                     (ii)  contains or to which is attached a copy  | 
         
         
            | 
                
			 | 
            of the published citation or notice; and | 
         
         
            | 
                
			 | 
                                     (iii)  states the date of publication  | 
         
         
            | 
                
			 | 
            printed on the newspaper in which the citation or notice was  | 
         
         
            | 
                
			 | 
            published. | 
         
         
            | 
                
			 | 
            ARTICLE 10.  EVIDENCE | 
         
         
            | 
                
			 | 
                   SECTION 10.01.  Section 2, Article 38.01, Code of Criminal  | 
         
         
            | 
                
			 | 
            Procedure, is amended by adding Subdivision (4-a) to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                         (4-a)  "Forensic examination or test not subject to  | 
         
         
            | 
                
			 | 
            accreditation" means an examination or test described by Article  | 
         
         
            | 
                
			 | 
            38.35(a)(4)(A), (B), (C), or (D) that is exempt from accreditation. | 
         
         
            | 
                
			 | 
                   SECTION 10.02.  Article 38.01, Code of Criminal Procedure,  | 
         
         
            | 
                
			 | 
            is amended by adding Section 3-b to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 3-b.  CODE OF PROFESSIONAL RESPONSIBILITY.  (a)  The  | 
         
         
            | 
                
			 | 
            commission shall adopt a code of professional responsibility to  | 
         
         
            | 
                
			 | 
            regulate the conduct of persons, laboratories, facilities, and  | 
         
         
            | 
                
			 | 
            other entities regulated under this article. | 
         
         
            | 
                
			 | 
                   (b)  The commission shall publish the code of professional  | 
         
         
            | 
                
			 | 
            responsibility adopted under Subsection (a). | 
         
         
            | 
                
			 | 
                   (c)  The commission shall adopt rules establishing sanctions  | 
         
         
            | 
                
			 | 
            for code violations. | 
         
         
            | 
                
			 | 
                   (d)  The commission shall update the code of professional  | 
         
         
            | 
                
			 | 
            responsibility as necessary to reflect changes in science,  | 
         
         
            | 
                
			 | 
            technology, or other factors affecting the persons, laboratories,  | 
         
         
            | 
                
			 | 
            facilities, and other entities regulated under this article. | 
         
         
            | 
                
			 | 
                   SECTION 10.03.  Sections 4(a), (a-1), (b-1), and (c),  | 
         
         
            | 
                
			 | 
            Article 38.01, Code of Criminal Procedure, are amended to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   (a)  The commission shall: | 
         
         
            | 
                
			 | 
                         (1)  develop and implement a reporting system through  | 
         
         
            | 
                
			 | 
            which a crime laboratory may report professional negligence or  | 
         
         
            | 
                
			 | 
            professional misconduct; | 
         
         
            | 
                
			 | 
                         (2)  require a crime laboratory that conducts forensic  | 
         
         
            | 
                
			 | 
            analyses to report professional negligence or professional  | 
         
         
            | 
                
			 | 
            misconduct to the commission; and | 
         
         
            | 
                
			 | 
                         (3)  investigate, in a timely manner, any allegation of  | 
         
         
            | 
                
			 | 
            professional negligence or professional misconduct that would  | 
         
         
            | 
                
			 | 
            substantially affect the integrity of: | 
         
         
            | 
                
			 | 
                               (A)  the results of a forensic analysis conducted  | 
         
         
            | 
                
			 | 
            by a crime laboratory; | 
         
         
            | 
                
			 | 
                               (B)  an examination or test that is conducted by a  | 
         
         
            | 
                
			 | 
            crime laboratory and that is a forensic examination or test not  | 
         
         
            | 
                
			 | 
            subject to accreditation; or | 
         
         
            | 
                
			 | 
                               (C)  testimony related to an analysis,  | 
         
         
            | 
                
			 | 
            examination, or test described by Paragraph (A) or (B). | 
         
         
            | 
                
			 | 
                   (a-1)  The commission may initiate [for educational  | 
         
         
            | 
                
			 | 
            purposes] an investigation of a forensic analysis or a forensic  | 
         
         
            | 
                
			 | 
            examination or test not subject to accreditation, without receiving  | 
         
         
            | 
                
			 | 
            a complaint[,] submitted through the reporting system implemented  | 
         
         
            | 
                
			 | 
            under Subsection (a)(1), [that contains an allegation of  | 
         
         
            | 
                
			 | 
            professional negligence or professional misconduct involving the  | 
         
         
            | 
                
			 | 
            forensic analysis conducted] if the commission determines by a  | 
         
         
            | 
                
			 | 
            majority vote of a quorum of the members of the commission that an  | 
         
         
            | 
                
			 | 
            investigation of the [forensic] analysis, examination, or test | 
         
         
            | 
                
			 | 
            would advance the integrity and reliability of forensic science in  | 
         
         
            | 
                
			 | 
            this state. | 
         
         
            | 
                
			 | 
                   (b-1)  If the commission conducts an investigation under  | 
         
         
            | 
                
			 | 
            Subsection (a)(3) of a crime laboratory that is not accredited  | 
         
         
            | 
                
			 | 
            under this article or the investigation involves a forensic  | 
         
         
            | 
                
			 | 
            examination or test not subject to accreditation [is conducted  | 
         
         
            | 
                
			 | 
            pursuant to an allegation involving a forensic method or  | 
         
         
            | 
                
			 | 
            methodology that is not an accredited field of forensic science],  | 
         
         
            | 
                
			 | 
            the investigation may include the preparation of a written report  | 
         
         
            | 
                
			 | 
            that contains: | 
         
         
            | 
                
			 | 
                         (1)  observations of the commission regarding the  | 
         
         
            | 
                
			 | 
            integrity and reliability of the applicable [forensic] analysis,  | 
         
         
            | 
                
			 | 
            examination, or test conducted; | 
         
         
            | 
                
			 | 
                         (2)  best practices identified by the commission during  | 
         
         
            | 
                
			 | 
            the course of the investigation; or | 
         
         
            | 
                
			 | 
                         (3)  other recommendations that are relevant, as  | 
         
         
            | 
                
			 | 
            determined by the commission. | 
         
         
            | 
                
			 | 
                   (c)  The commission by contract may delegate the duties  | 
         
         
            | 
                
			 | 
            described by Subsections (a)(1) and (3) and Sections 4-d(b)(1),  | 
         
         
            | 
                
			 | 
            (b-1), and (d) to any person the commission determines to be  | 
         
         
            | 
                
			 | 
            qualified to assume those duties. | 
         
         
            | 
                
			 | 
                   SECTION 10.04.  Section 4-a(c), Article 38.01, Code of  | 
         
         
            | 
                
			 | 
            Criminal Procedure, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   (c)  The commission by rule may establish voluntary  | 
         
         
            | 
                
			 | 
            licensing programs for forensic examinations or tests [disciplines  | 
         
         
            | 
                
			 | 
            that are] not subject to accreditation [under this article]. | 
         
         
            | 
                
			 | 
                   SECTION 10.05.  Section 4-d(b-1), Article 38.01, Code of  | 
         
         
            | 
                
			 | 
            Criminal Procedure, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   (b-1)  As part of the accreditation process established and  | 
         
         
            | 
                
			 | 
            implemented under Subsection (b), the commission may: | 
         
         
            | 
                
			 | 
                         (1)  establish minimum standards that relate to the  | 
         
         
            | 
                
			 | 
            timely production of a forensic analysis to the agency requesting  | 
         
         
            | 
                
			 | 
            the analysis and that are consistent with this article and  | 
         
         
            | 
                
			 | 
            applicable laws; | 
         
         
            | 
                
			 | 
                         (2)  validate or approve specific forensic methods or  | 
         
         
            | 
                
			 | 
            methodologies; and | 
         
         
            | 
                
			 | 
                         (3)  establish procedures, policies, standards, and  | 
         
         
            | 
                
			 | 
            practices to improve the quality of forensic analyses conducted in  | 
         
         
            | 
                
			 | 
            this state. | 
         
         
            | 
                
			 | 
                   SECTION 10.06.  Article 38.01, Code of Criminal Procedure,  | 
         
         
            | 
                
			 | 
            is amended by adding Section 14 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 14.  FUNDING FOR TRAINING AND EDUCATION.  The  | 
         
         
            | 
                
			 | 
            commission may use appropriated funds for the training and  | 
         
         
            | 
                
			 | 
            education of forensic analysts. | 
         
         
            | 
                
			 | 
                   SECTION 10.07.  Section 2254.002(2), Government Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                         (2)  "Professional services" means services: | 
         
         
            | 
                
			 | 
                               (A)  within the scope of the practice, as defined  | 
         
         
            | 
                
			 | 
            by state law, of: | 
         
         
            | 
                
			 | 
                                     (i)  accounting; | 
         
         
            | 
                
			 | 
                                     (ii)  architecture; | 
         
         
            | 
                
			 | 
                                     (iii)  landscape architecture; | 
         
         
            | 
                
			 | 
                                     (iv)  land surveying; | 
         
         
            | 
                
			 | 
                                     (v)  medicine; | 
         
         
            | 
                
			 | 
                                     (vi)  optometry; | 
         
         
            | 
                
			 | 
                                     (vii)  professional engineering; | 
         
         
            | 
                
			 | 
                                     (viii)  real estate appraising; [or] | 
         
         
            | 
                
			 | 
                                     (ix)  professional nursing; or | 
         
         
            | 
                
			 | 
                                     (x)  forensic science; | 
         
         
            | 
                
			 | 
                               (B)  provided in connection with the professional  | 
         
         
            | 
                
			 | 
            employment or practice of a person who is licensed or registered as: | 
         
         
            | 
                
			 | 
                                     (i)  a certified public accountant; | 
         
         
            | 
                
			 | 
                                     (ii)  an architect; | 
         
         
            | 
                
			 | 
                                     (iii)  a landscape architect; | 
         
         
            | 
                
			 | 
                                     (iv)  a land surveyor; | 
         
         
            | 
                
			 | 
                                     (v)  a physician, including a surgeon; | 
         
         
            | 
                
			 | 
                                     (vi)  an optometrist; | 
         
         
            | 
                
			 | 
                                     (vii)  a professional engineer; | 
         
         
            | 
                
			 | 
                                     (viii)  a state certified or state licensed  | 
         
         
            | 
                
			 | 
            real estate appraiser; [or] | 
         
         
            | 
                
			 | 
                                     (ix)  a registered nurse; or | 
         
         
            | 
                
			 | 
                                     (x)  a forensic analyst or forensic science  | 
         
         
            | 
                
			 | 
            expert; or | 
         
         
            | 
                
			 | 
                               (C)  provided by a person lawfully engaged in  | 
         
         
            | 
                
			 | 
            interior design, regardless of whether the person is registered as  | 
         
         
            | 
                
			 | 
            an interior designer under Chapter 1053, Occupations Code. | 
         
         
            | 
                
			 | 
            ARTICLE 11.  JURY SERVICE | 
         
         
            | 
                
			 | 
                   SECTION 11.01.  Sections 61.003(a) and (c), Government Code,  | 
         
         
            | 
                
			 | 
            are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  Each person who reports for jury service shall be  | 
         
         
            | 
                
			 | 
            personally provided a form letter that when signed by the person  | 
         
         
            | 
                
			 | 
            directs the county treasurer to donate all, or a specific amount  | 
         
         
            | 
                
			 | 
            designated by the person, of the person's daily reimbursement under  | 
         
         
            | 
                
			 | 
            this chapter to: | 
         
         
            | 
                
			 | 
                         (1)  the compensation to victims of crime fund  | 
         
         
            | 
                
			 | 
            established under Subchapter J, Chapter 56B, Code of Criminal  | 
         
         
            | 
                
			 | 
            Procedure; | 
         
         
            | 
                
			 | 
                         (2)  the child welfare, child protective services, or  | 
         
         
            | 
                
			 | 
            child services board of the county appointed under Section 264.005,  | 
         
         
            | 
                
			 | 
            Family Code, that serves abused and neglected children; | 
         
         
            | 
                
			 | 
                         (3)  any program selected by the commissioners court  | 
         
         
            | 
                
			 | 
            that is operated by a public or private nonprofit organization and  | 
         
         
            | 
                
			 | 
            that provides shelter and services to victims of family violence; | 
         
         
            | 
                
			 | 
                         (4)  any other program approved by the commissioners  | 
         
         
            | 
                
			 | 
            court of the county, including a program established under Article  | 
         
         
            | 
                
			 | 
            56A.205, Code of Criminal Procedure, that offers psychological  | 
         
         
            | 
                
			 | 
            counseling in criminal cases involving graphic evidence or  | 
         
         
            | 
                
			 | 
            testimony; [or] | 
         
         
            | 
                
			 | 
                         (5)  a veterans treatment court program established by  | 
         
         
            | 
                
			 | 
            the commissioners court as provided by Chapter 124; or | 
         
         
            | 
                
			 | 
                         (6)  a veterans county service office established by  | 
         
         
            | 
                
			 | 
            the commissioners court as provided by Subchapter B, Chapter 434. | 
         
         
            | 
                
			 | 
                   (c)  The county treasurer shall: | 
         
         
            | 
                
			 | 
                         (1)  send all donations made under Subsection (a)(1) to  | 
         
         
            | 
                
			 | 
            the comptroller, at the time and in the manner prescribed by the  | 
         
         
            | 
                
			 | 
            attorney general, for deposit to the credit of the compensation to  | 
         
         
            | 
                
			 | 
            victims of crime fund; | 
         
         
            | 
                
			 | 
                         (2)  deposit donations made to the county child welfare  | 
         
         
            | 
                
			 | 
            board under Subsection (a)(2) in a fund established by the county to  | 
         
         
            | 
                
			 | 
            be used by the child welfare board in a manner authorized by the  | 
         
         
            | 
                
			 | 
            commissioners court of the county; and | 
         
         
            | 
                
			 | 
                         (3)  send all donations made under Subsection (a)(3), | 
         
         
            | 
                
			 | 
            [or] (a)(4), or (a)(6) directly to the program or office, as  | 
         
         
            | 
                
			 | 
            applicable, specified on the form letter signed by the person who  | 
         
         
            | 
                
			 | 
            reported for jury service. | 
         
         
            | 
                
			 | 
                   SECTION 11.02.  Section 62.202(b), Government Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  The district judge may draw a warrant on the jury fund or  | 
         
         
            | 
                
			 | 
            other appropriate fund of the county in which the civil case is  | 
         
         
            | 
                
			 | 
            tried to cover the cost of buying and transporting the meals to the  | 
         
         
            | 
                
			 | 
            jury room.  The judge may spend a reasonable amount [Not more than  | 
         
         
            | 
                
			 | 
            $3] per meal [may be spent] for a juror serving on a jury in a civil  | 
         
         
            | 
                
			 | 
            case. | 
         
         
            | 
                
			 | 
                   SECTION 11.03.  Section 434.032, Government Code, is amended  | 
         
         
            | 
                
			 | 
            by adding Subsection (c) to read as follows: | 
         
         
            | 
                
			 | 
                   (c)  The commissioners court of a county that maintains an  | 
         
         
            | 
                
			 | 
            office: | 
         
         
            | 
                
			 | 
                         (1)  may not consider a juror's donation to the office  | 
         
         
            | 
                
			 | 
            of the juror's daily reimbursement under Section 61.003 for  | 
         
         
            | 
                
			 | 
            purposes of determining the county's budget for the office; and | 
         
         
            | 
                
			 | 
                         (2)  may use donations described by Subdivision (1)  | 
         
         
            | 
                
			 | 
            only to supplement, rather than supplant, amounts budgeted by the  | 
         
         
            | 
                
			 | 
            county for the office. | 
         
         
            | 
                
			 | 
            ARTICLE 12.  SPECIALTY COURT PROGRAMS | 
         
         
            | 
                
			 | 
                   SECTION 12.01.  Chapter 121, Government Code, is amended by  | 
         
         
            | 
                
			 | 
            adding Sections 121.003 and 121.004 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 121.003.  APPOINTMENT OF PRESIDING JUDGE OR MAGISTRATE  | 
         
         
            | 
                
			 | 
            FOR REGIONAL SPECIALTY COURT PROGRAM.  A judge or magistrate of a  | 
         
         
            | 
                
			 | 
            district court or statutory county court who is authorized by law to  | 
         
         
            | 
                
			 | 
            hear criminal cases may be appointed to preside over a regional  | 
         
         
            | 
                
			 | 
            specialty court program recognized under this subtitle only if: | 
         
         
            | 
                
			 | 
                         (1)  the local administrative district and statutory  | 
         
         
            | 
                
			 | 
            county court judges of each county participating in the program  | 
         
         
            | 
                
			 | 
            approve the appointment by majority vote or another approval method  | 
         
         
            | 
                
			 | 
            selected by the judges; and | 
         
         
            | 
                
			 | 
                         (2)  the presiding judges of each of the administrative  | 
         
         
            | 
                
			 | 
            judicial regions in which the participating counties are located  | 
         
         
            | 
                
			 | 
            sign an order granting the appointment. | 
         
         
            | 
                
			 | 
                   Sec. 121.004.  JURISDICTION AND AUTHORITY OF JUDGE OR  | 
         
         
            | 
                
			 | 
            MAGISTRATE IN REGIONAL SPECIALTY COURT PROGRAM.  (a)  A judge or  | 
         
         
            | 
                
			 | 
            magistrate appointed to preside over a regional specialty court  | 
         
         
            | 
                
			 | 
            program may hear any misdemeanor or felony case properly  | 
         
         
            | 
                
			 | 
            transferred to the program by an originating trial court  | 
         
         
            | 
                
			 | 
            participating in the program, regardless of whether the originating  | 
         
         
            | 
                
			 | 
            trial court and specialty court program are in the same county. The  | 
         
         
            | 
                
			 | 
            appointed judge or magistrate may exercise only the authority  | 
         
         
            | 
                
			 | 
            granted under this subtitle. | 
         
         
            | 
                
			 | 
                   (b)  The judge or magistrate of a regional specialty court  | 
         
         
            | 
                
			 | 
            program may for a case properly transferred to the program: | 
         
         
            | 
                
			 | 
                         (1)  enter orders, judgments, and decrees for the case; | 
         
         
            | 
                
			 | 
                         (2)  sign orders of detention, order community service,  | 
         
         
            | 
                
			 | 
            or impose other reasonable and necessary sanctions; | 
         
         
            | 
                
			 | 
                         (3)  send recommendations for dismissal and expunction  | 
         
         
            | 
                
			 | 
            to the originating trial court for a defendant who successfully  | 
         
         
            | 
                
			 | 
            completes the program; and | 
         
         
            | 
                
			 | 
                         (4)  return the case and documentation required by this  | 
         
         
            | 
                
			 | 
            subtitle to the originating trial court for final disposition on a  | 
         
         
            | 
                
			 | 
            defendant's successful completion of or removal from the program. | 
         
         
            | 
                
			 | 
                   (c)  A visiting judge assigned to preside over a regional  | 
         
         
            | 
                
			 | 
            specialty court program has the same authority as the judge or  | 
         
         
            | 
                
			 | 
            magistrate appointed to preside over the program. | 
         
         
            | 
                
			 | 
                   SECTION 12.02.  Section 124.003(b), Government Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  A veterans treatment court program established under  | 
         
         
            | 
                
			 | 
            this chapter shall make, establish, and publish local procedures to  | 
         
         
            | 
                
			 | 
            ensure maximum participation of eligible defendants in the program | 
         
         
            | 
                
			 | 
            [county or counties in which those defendants reside]. | 
         
         
            | 
                
			 | 
                   SECTION 12.03.  Sections 124.006(a) and (d), Government  | 
         
         
            | 
                
			 | 
            Code, are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  A veterans treatment court program that accepts  | 
         
         
            | 
                
			 | 
            placement of a defendant may transfer responsibility for  | 
         
         
            | 
                
			 | 
            supervising the defendant's participation in the program to another  | 
         
         
            | 
                
			 | 
            veterans treatment court program that is located in the county  | 
         
         
            | 
                
			 | 
            where the defendant works or resides or in a county adjacent to the  | 
         
         
            | 
                
			 | 
            county where the defendant works or resides.  The defendant's  | 
         
         
            | 
                
			 | 
            supervision may be transferred under this section only with the  | 
         
         
            | 
                
			 | 
            consent of both veterans treatment court programs and the  | 
         
         
            | 
                
			 | 
            defendant. | 
         
         
            | 
                
			 | 
                   (d)  If a defendant is charged with an offense in a county  | 
         
         
            | 
                
			 | 
            that does not operate a veterans treatment court program, the court  | 
         
         
            | 
                
			 | 
            in which the criminal case is pending may place the defendant in a  | 
         
         
            | 
                
			 | 
            veterans treatment court program located in the county where the  | 
         
         
            | 
                
			 | 
            defendant works or resides or in a county adjacent to the county  | 
         
         
            | 
                
			 | 
            where the defendant works or resides, provided that a program is  | 
         
         
            | 
                
			 | 
            operated in that county and the defendant agrees to the placement.   | 
         
         
            | 
                
			 | 
            A defendant placed in a veterans treatment court program in  | 
         
         
            | 
                
			 | 
            accordance with this subsection must agree to abide by all rules,  | 
         
         
            | 
                
			 | 
            requirements, and instructions of the program. | 
         
         
            | 
                
			 | 
                   SECTION 12.04.  (a)  Section 121.003, Government Code, as  | 
         
         
            | 
                
			 | 
            added by this Act, applies only to the appointment of a judge or  | 
         
         
            | 
                
			 | 
            magistrate to preside over a regional specialty court program that  | 
         
         
            | 
                
			 | 
            occurs on or after the effective date of this Act. | 
         
         
            | 
                
			 | 
                   (b)  Section 121.004, Government Code, as added by this Act,  | 
         
         
            | 
                
			 | 
            applies to a case pending in a regional specialty court program on  | 
         
         
            | 
                
			 | 
            or after the effective date of this Act. | 
         
         
            | 
                
			 | 
            ARTICLE 13.  PROTECTIVE ORDERS | 
         
         
            | 
                
			 | 
                   SECTION 13.01.  Section 72.151(3), Government Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                         (3)  "Protective order" means: | 
         
         
            | 
                
			 | 
                               (A)  an order issued by a court in this state under  | 
         
         
            | 
                
			 | 
            Chapter 83 or 85, Family Code, to prevent family violence, as  | 
         
         
            | 
                
			 | 
            defined by Section 71.004, Family Code; | 
         
         
            | 
                
			 | 
                               (B)  an order issued by a court in this state under  | 
         
         
            | 
                
			 | 
            Subchapter A, Chapter 7B, Code of Criminal Procedure, to prevent  | 
         
         
            | 
                
			 | 
            sexual assault or abuse, stalking, trafficking, or other harm to  | 
         
         
            | 
                
			 | 
            the applicant; or | 
         
         
            | 
                
			 | 
                               (C)  [.  The term includes] a magistrate's order  | 
         
         
            | 
                
			 | 
            for emergency protection issued under Article 17.292, Code of  | 
         
         
            | 
                
			 | 
            Criminal Procedure, with respect to a person who is arrested for an  | 
         
         
            | 
                
			 | 
            offense involving family violence. | 
         
         
            | 
                
			 | 
                   SECTION 13.02.  Section 72.152, Government Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 72.152.  APPLICABILITY.  This subchapter applies only  | 
         
         
            | 
                
			 | 
            to: | 
         
         
            | 
                
			 | 
                         (1)  an application for a protective order filed under: | 
         
         
            | 
                
			 | 
                               (A)  Chapter 82, Family Code; | 
         
         
            | 
                
			 | 
                               (B)  Subchapter A, Chapter 7B, Code of Criminal  | 
         
         
            | 
                
			 | 
            Procedure; or | 
         
         
            | 
                
			 | 
                               (C) [(B)]  Article 17.292, Code of Criminal  | 
         
         
            | 
                
			 | 
            Procedure, with respect to a person who is arrested for an offense  | 
         
         
            | 
                
			 | 
            involving family violence; and | 
         
         
            | 
                
			 | 
                         (2)  a protective order issued under: | 
         
         
            | 
                
			 | 
                               (A)  Chapter 83 or 85, Family Code; | 
         
         
            | 
                
			 | 
                               (B)  Subchapter A, Chapter 7B, Code of Criminal  | 
         
         
            | 
                
			 | 
            Procedure; or | 
         
         
            | 
                
			 | 
                               (C) [(B)]  Article 17.292, Code of Criminal  | 
         
         
            | 
                
			 | 
            Procedure, with respect to a person who is arrested for an offense  | 
         
         
            | 
                
			 | 
            involving family violence. | 
         
         
            | 
                
			 | 
                   SECTION 13.03.  Sections 72.154(b) and (d), Government Code,  | 
         
         
            | 
                
			 | 
            are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  Publicly accessible information regarding each  | 
         
         
            | 
                
			 | 
            protective order must consist of the following: | 
         
         
            | 
                
			 | 
                         (1)  the court that issued the protective order; | 
         
         
            | 
                
			 | 
                         (2)  the case number; | 
         
         
            | 
                
			 | 
                         (3)  the full name, county of residence, birth year,  | 
         
         
            | 
                
			 | 
            and race or ethnicity of the person who is the subject of the  | 
         
         
            | 
                
			 | 
            protective order; | 
         
         
            | 
                
			 | 
                         (4)  the dates the protective order was issued and  | 
         
         
            | 
                
			 | 
            served; and | 
         
         
            | 
                
			 | 
                         (5)  [the date the protective order was vacated, if  | 
         
         
            | 
                
			 | 
            applicable; and | 
         
         
            | 
                
			 | 
                         [(6)]  the date the protective order expired or will  | 
         
         
            | 
                
			 | 
            expire, as applicable. | 
         
         
            | 
                
			 | 
                   (d)  The office may not allow a member of the public to access  | 
         
         
            | 
                
			 | 
            through the registry any information related to: | 
         
         
            | 
                
			 | 
                         (1)  a protective order issued under Article 7B.002 or | 
         
         
            | 
                
			 | 
            17.292, Code of Criminal Procedure, or Chapter 83, Family Code; or | 
         
         
            | 
                
			 | 
                         (2)  a protective order that was vacated. | 
         
         
            | 
                
			 | 
                   SECTION 13.04.  Section 72.155(a), Government Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  The registry must include a copy of each application for  | 
         
         
            | 
                
			 | 
            a protective order filed in this state and a copy of each protective  | 
         
         
            | 
                
			 | 
            order issued in this state, including an [a vacated or] expired  | 
         
         
            | 
                
			 | 
            order, or a vacated order other than an order that was vacated as  | 
         
         
            | 
                
			 | 
            the result of an appeal or bill of review from a district or county  | 
         
         
            | 
                
			 | 
            court.  Only an authorized user, the attorney general, a district  | 
         
         
            | 
                
			 | 
            attorney, a criminal district attorney, a county attorney, a  | 
         
         
            | 
                
			 | 
            municipal attorney, or a peace officer may access that information  | 
         
         
            | 
                
			 | 
            under the registry. | 
         
         
            | 
                
			 | 
                   SECTION 13.05.  Section 72.157, Government Code, is amended  | 
         
         
            | 
                
			 | 
            by amending Subsection (b) and adding Subsection (b-1) to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   (b)  Except as provided by Subsection (b-1), for [For] a  | 
         
         
            | 
                
			 | 
            protective order that is vacated or that has expired, the clerk of  | 
         
         
            | 
                
			 | 
            the applicable court shall modify the record of the order in the  | 
         
         
            | 
                
			 | 
            registry to reflect the order's status as vacated or expired.  The  | 
         
         
            | 
                
			 | 
            clerk shall ensure that a record of a vacated order is not  | 
         
         
            | 
                
			 | 
            accessible by the public. | 
         
         
            | 
                
			 | 
                   (b-1)  For a protective order that is vacated as the result  | 
         
         
            | 
                
			 | 
            of an appeal or bill of review from a district or county court, the  | 
         
         
            | 
                
			 | 
            clerk of the applicable court shall notify the office not later than  | 
         
         
            | 
                
			 | 
            the end of the next business day after the date the protective order  | 
         
         
            | 
                
			 | 
            was vacated.  The office shall remove the record of the order from  | 
         
         
            | 
                
			 | 
            the registry not later than the third business day after the date  | 
         
         
            | 
                
			 | 
            the notice from the clerk was received. | 
         
         
            | 
                
			 | 
                   SECTION 13.06.  Section 72.158(a), Government Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  The office shall ensure that the public may access  | 
         
         
            | 
                
			 | 
            information about protective orders, other than information about  | 
         
         
            | 
                
			 | 
            vacated orders or orders under Article 7B.002 or 17.292, Code of  | 
         
         
            | 
                
			 | 
            Criminal Procedure, or Chapter 83, Family Code, through the  | 
         
         
            | 
                
			 | 
            registry, only if: | 
         
         
            | 
                
			 | 
                         (1)  a protected person requests that the office grant  | 
         
         
            | 
                
			 | 
            the public the ability to access the information described by  | 
         
         
            | 
                
			 | 
            Section 72.154(b) for the order protecting the person; and | 
         
         
            | 
                
			 | 
                         (2)  the office approves the request. | 
         
         
            | 
                
			 | 
                   SECTION 13.07.  Section 72.152, Government Code, as amended  | 
         
         
            | 
                
			 | 
            by this Act, applies only to an application for a protective order  | 
         
         
            | 
                
			 | 
            filed or a protective order issued on or after the effective date of  | 
         
         
            | 
                
			 | 
            this Act. | 
         
         
            | 
                
			 | 
                   SECTION 13.08.  As soon as practicable after the effective  | 
         
         
            | 
                
			 | 
            date of this Act, the Office of Court Administration of the Texas  | 
         
         
            | 
                
			 | 
            Judicial System shall: | 
         
         
            | 
                
			 | 
                         (1)  remove the record of any protective orders that  | 
         
         
            | 
                
			 | 
            have been vacated as the result of an appeal or bill of review from a  | 
         
         
            | 
                
			 | 
            district or county court from the protective order registry  | 
         
         
            | 
                
			 | 
            established under Subchapter F, Chapter 72, Government Code, as  | 
         
         
            | 
                
			 | 
            amended by this Act; and | 
         
         
            | 
                
			 | 
                         (2)  ensure that the records of vacated orders, other  | 
         
         
            | 
                
			 | 
            than orders described by Subdivision (1) of this section that are  | 
         
         
            | 
                
			 | 
            removed from the registry, are not accessible by the public. | 
         
         
            | 
                
			 | 
            ARTICLE 14.  DISTRICT AND COUNTY ATTORNEYS | 
         
         
            | 
                
			 | 
                   SECTION 14.01.  Section 43.137, Government Code, is amended  | 
         
         
            | 
                
			 | 
            by adding Subsections (c) and (d) to read as follows: | 
         
         
            | 
                
			 | 
                   (c)  In addition to exercising the duties and authority  | 
         
         
            | 
                
			 | 
            conferred on district attorneys by general law, the district  | 
         
         
            | 
                
			 | 
            attorney represents the state in the district and inferior courts  | 
         
         
            | 
                
			 | 
            in Ector County in all criminal cases, juvenile matters under Title  | 
         
         
            | 
                
			 | 
            3, Family Code, and matters involving children's protective  | 
         
         
            | 
                
			 | 
            services. | 
         
         
            | 
                
			 | 
                   (d)  The district attorney has no power, duty, or privilege  | 
         
         
            | 
                
			 | 
            in any civil matter, other than civil asset forfeiture and civil  | 
         
         
            | 
                
			 | 
            bond forfeiture matters. | 
         
         
            | 
                
			 | 
                   SECTION 14.02.  Subchapter B, Chapter 45, Government Code,  | 
         
         
            | 
                
			 | 
            is amended by adding Section 45.168 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 45.168.  ECTOR COUNTY.  (a)  It is the primary duty of  | 
         
         
            | 
                
			 | 
            the county attorney in Ector County to represent the state, Ector  | 
         
         
            | 
                
			 | 
            County, and the officials of the county in all civil matters, other  | 
         
         
            | 
                
			 | 
            than asset forfeiture and bond forfeiture matters for which the  | 
         
         
            | 
                
			 | 
            district attorney is responsible, pending before the courts of  | 
         
         
            | 
                
			 | 
            Ector County and any other court in which the state, Ector County,  | 
         
         
            | 
                
			 | 
            or the county officials have matters pending. | 
         
         
            | 
                
			 | 
                   (b)  The county attorney has no power, duty, or privilege in  | 
         
         
            | 
                
			 | 
            Ector County relating to criminal matters, juvenile matters under  | 
         
         
            | 
                
			 | 
            Title 3, Family Code, or matters involving children's protective  | 
         
         
            | 
                
			 | 
            services. | 
         
         
            | 
                
			 | 
                   SECTION 14.03.  Section 43.137, Government Code, as amended  | 
         
         
            | 
                
			 | 
            by this Act, and Section 45.168, Government Code, as added by this  | 
         
         
            | 
                
			 | 
            Act, apply only to a proceeding commenced on or after the effective  | 
         
         
            | 
                
			 | 
            date of this Act. A proceeding commenced before the effective date  | 
         
         
            | 
                
			 | 
            of this Act is governed by the law in effect on the date the  | 
         
         
            | 
                
			 | 
            proceeding was commenced, and the former law is continued in effect  | 
         
         
            | 
                
			 | 
            for that purpose. | 
         
         
            | 
                
			 | 
            ARTICLE 15.  APPELLATE COURTS | 
         
         
            | 
                
			 | 
                   SECTION 15.01.  Subchapter A, Chapter 22, Government Code,  | 
         
         
            | 
                
			 | 
            is amended by adding Section 22.0042 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 22.0042.  RULES REGARDING EXEMPTIONS FROM SEIZURE OF  | 
         
         
            | 
                
			 | 
            PROPERTY; FORM.  (a)  The supreme court shall adopt rules that: | 
         
         
            | 
                
			 | 
                         (1)  establish a simple and expedited procedure for a  | 
         
         
            | 
                
			 | 
            judgment debtor to assert an exemption to the seizure of personal  | 
         
         
            | 
                
			 | 
            property by a judgment creditor or a receiver appointed under  | 
         
         
            | 
                
			 | 
            Section 31.002, Civil Practice and Remedies Code; | 
         
         
            | 
                
			 | 
                         (2)  require a court to stay a proceeding, for a  | 
         
         
            | 
                
			 | 
            reasonable period, to allow for the assertion of an exemption under  | 
         
         
            | 
                
			 | 
            Subdivision (1); and | 
         
         
            | 
                
			 | 
                         (3)  require a court to promptly set a hearing and stay  | 
         
         
            | 
                
			 | 
            proceedings until a hearing is held, if a judgment debtor timely  | 
         
         
            | 
                
			 | 
            asserts an exemption under Subdivision (1). | 
         
         
            | 
                
			 | 
                   (b)  Rules adopted under this section shall require the  | 
         
         
            | 
                
			 | 
            provision of a notice in plain language to a judgment debtor  | 
         
         
            | 
                
			 | 
            regarding the right of the judgment debtor to assert one or more  | 
         
         
            | 
                
			 | 
            exemptions under Subsection (a)(1).  The notice must: | 
         
         
            | 
                
			 | 
                         (1)  be in English with an integrated Spanish  | 
         
         
            | 
                
			 | 
            translation that can be readily understood by the public and the  | 
         
         
            | 
                
			 | 
            court; | 
         
         
            | 
                
			 | 
                         (2)  include the form promulgated under Subsection (c); | 
         
         
            | 
                
			 | 
                         (3)  list all exemptions under state and federal law to  | 
         
         
            | 
                
			 | 
            the seizure of personal property; and | 
         
         
            | 
                
			 | 
                         (4)  provide information for accessing free or low-cost  | 
         
         
            | 
                
			 | 
            legal assistance.  | 
         
         
            | 
                
			 | 
                   (c)  Rules adopted under this section shall include the  | 
         
         
            | 
                
			 | 
            promulgation of a form in plain language for asserting an exemption  | 
         
         
            | 
                
			 | 
            under Subsection (a)(1).  A form promulgated under this subsection  | 
         
         
            | 
                
			 | 
            must: | 
         
         
            | 
                
			 | 
                         (1)  be in English with an integrated Spanish  | 
         
         
            | 
                
			 | 
            translation that can be readily understood by the public and the  | 
         
         
            | 
                
			 | 
            court; and | 
         
         
            | 
                
			 | 
                         (2)  include instructions for the use of the form. | 
         
         
            | 
                
			 | 
                   (d)  A court shall accept a form promulgated under Subsection  | 
         
         
            | 
                
			 | 
            (c) unless the form has been completed in a manner that causes a  | 
         
         
            | 
                
			 | 
            substantive defect that cannot be cured. | 
         
         
            | 
                
			 | 
                   SECTION 15.02.  Not later than May 1, 2022, the Supreme Court  | 
         
         
            | 
                
			 | 
            of Texas shall adopt rules and promulgate forms under Section  | 
         
         
            | 
                
			 | 
            22.0042, Government Code, as added by this article. | 
         
         
            | 
                
			 | 
            ARTICLE 16.  MISDEMEANOR CASES | 
         
         
            | 
                
			 | 
                   SECTION 16.01.  The heading to Article 45.0445, Code of  | 
         
         
            | 
                
			 | 
            Criminal Procedure, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   Art. 45.0445.  RECONSIDERATION OF SATISFACTION OF FINE OR  | 
         
         
            | 
                
			 | 
            COSTS. | 
         
         
            | 
                
			 | 
                   SECTION 16.02.  Article 66.252, Code of Criminal Procedure,  | 
         
         
            | 
                
			 | 
            is amended by adding Subsection (b-1) to read as follows: | 
         
         
            | 
                
			 | 
                   (b-1)  At any time before final disposition of the case, the  | 
         
         
            | 
                
			 | 
            justice or judge of a court having jurisdiction of the case of a  | 
         
         
            | 
                
			 | 
            misdemeanor described by Subsection (b)(3) may order a law  | 
         
         
            | 
                
			 | 
            enforcement officer to use the uniform incident fingerprint card to  | 
         
         
            | 
                
			 | 
            take the fingerprints of an offender who is charged with the  | 
         
         
            | 
                
			 | 
            misdemeanor, but was not placed under custodial arrest at the time  | 
         
         
            | 
                
			 | 
            of the offense. | 
         
         
            | 
                
			 | 
                   SECTION 16.03.  The changes in law made by this article apply  | 
         
         
            | 
                
			 | 
            only to a misdemeanor case that is initially filed in a justice or  | 
         
         
            | 
                
			 | 
            municipal court on or after the effective date of this Act,  | 
         
         
            | 
                
			 | 
            regardless of whether the offense for which the case is filed  | 
         
         
            | 
                
			 | 
            occurred before, on, or after the effective date of this Act. | 
         
         
            | 
                
			 | 
            ARTICLE 17.  COURT REPORTERS | 
         
         
            | 
                
			 | 
                   SECTION 17.01.  Chapter 42, Code of Criminal Procedure, is  | 
         
         
            | 
                
			 | 
            amended by adding Article 42.25 to read as follows: | 
         
         
            | 
                
			 | 
                   Art. 42.25.  FILING OF REPORTER NOTES.  A court reporter may  | 
         
         
            | 
                
			 | 
            comply with Rule 13.6, Texas Rules of Appellate Procedure, by  | 
         
         
            | 
                
			 | 
            electronically filing with the trial court clerk not later than the  | 
         
         
            | 
                
			 | 
            20th day after the expiration of the time the defendant is allotted  | 
         
         
            | 
                
			 | 
            to perfect the appeal the untranscribed notes created by the court  | 
         
         
            | 
                
			 | 
            reporter using computer-aided software. | 
         
         
            | 
                
			 | 
                   SECTION 17.02.  Section 52.001(a)(4), Government Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                         (4)  "Shorthand reporter" and "court reporter" mean a  | 
         
         
            | 
                
			 | 
            person who is certified as a court reporter, apprentice court  | 
         
         
            | 
                
			 | 
            reporter, or provisional court reporter under Chapter 154 to engage | 
         
         
            | 
                
			 | 
            [engages] in shorthand reporting. | 
         
         
            | 
                
			 | 
                   SECTION 17.03.  Section 52.011, Government Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 52.011.  PROVISION OF SIGNED DEPOSITION CERTIFICATE;  | 
         
         
            | 
                
			 | 
            CERTIFICATE REQUIREMENTS [CERTIFICATION].  (a)  A court reporting  | 
         
         
            | 
                
			 | 
            firm representative or a court reporter who reported a deposition  | 
         
         
            | 
                
			 | 
            for a case shall complete and sign a deposition certificate, known  | 
         
         
            | 
                
			 | 
            as the further certification. | 
         
         
            | 
                
			 | 
                   (b)  On request of a court reporter who reported a deposition  | 
         
         
            | 
                
			 | 
            for a case, a court reporting firm shall provide the reporter with a  | 
         
         
            | 
                
			 | 
            copy of the deposition certificate [document related to the  | 
         
         
            | 
                
			 | 
            deposition, known as the further certification,] that the reporter  | 
         
         
            | 
                
			 | 
            has signed or to which the reporter's signature has been applied. | 
         
         
            | 
                
			 | 
                   (c)  The deposition certificate must include: | 
         
         
            | 
                
			 | 
                         (1)  a statement that the deposition transcript was  | 
         
         
            | 
                
			 | 
            submitted to the deponent or the deponent's attorney for  | 
         
         
            | 
                
			 | 
            examination and signature; | 
         
         
            | 
                
			 | 
                         (2)  the date the transcript was submitted to the  | 
         
         
            | 
                
			 | 
            deponent or the deponent's attorney; | 
         
         
            | 
                
			 | 
                         (3)  the date the deponent returned the transcript, if   | 
         
         
            | 
                
			 | 
            returned, or a statement that the deponent did not return the  | 
         
         
            | 
                
			 | 
            transcript; | 
         
         
            | 
                
			 | 
                         (4)  a statement that any changes the deponent made to  | 
         
         
            | 
                
			 | 
            the transcript are reflected in a separate document attached to the  | 
         
         
            | 
                
			 | 
            transcript; | 
         
         
            | 
                
			 | 
                         (5)  a statement that the transcript was delivered in  | 
         
         
            | 
                
			 | 
            accordance with Rule 203.3, Texas Rules of Civil Procedure; | 
         
         
            | 
                
			 | 
                         (6)  the amount charged for preparing the original  | 
         
         
            | 
                
			 | 
            deposition transcript; | 
         
         
            | 
                
			 | 
                         (7)  a statement that a copy of the certificate was  | 
         
         
            | 
                
			 | 
            served on all parties to the case; and | 
         
         
            | 
                
			 | 
                         (8)  the date the copy of the certificate was served on  | 
         
         
            | 
                
			 | 
            the parties to the case. | 
         
         
            | 
                
			 | 
                   SECTION 17.04.  Section 52.046(d), Government Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (d)  A judge of a county court or county court at law shall  | 
         
         
            | 
                
			 | 
            appoint a [certified] shorthand reporter to report the oral  | 
         
         
            | 
                
			 | 
            testimony given in any contested probate matter in that judge's  | 
         
         
            | 
                
			 | 
            court. | 
         
         
            | 
                
			 | 
                   SECTION 17.05.  Section 154.001(a)(4), Government Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                         (4)  "Shorthand reporter" and "court reporter" mean a  | 
         
         
            | 
                
			 | 
            person who is certified as a court reporter, apprentice court  | 
         
         
            | 
                
			 | 
            reporter, or provisional court reporter under this chapter to  | 
         
         
            | 
                
			 | 
            engage [engages] in shorthand reporting. | 
         
         
            | 
                
			 | 
                   SECTION 17.06.  Section 154.101(e), Government Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (e)  A person may not assume or use the title or designation  | 
         
         
            | 
                
			 | 
            "court recorder," "court reporter," or "shorthand reporter," or any  | 
         
         
            | 
                
			 | 
            abbreviation, title, designation, words, letters, sign, card, or  | 
         
         
            | 
                
			 | 
            device tending to indicate that the person is a court reporter or  | 
         
         
            | 
                
			 | 
            shorthand reporter, unless the person is certified as a shorthand  | 
         
         
            | 
                
			 | 
            reporter or provisional court reporter by the supreme court.   | 
         
         
            | 
                
			 | 
            Nothing in this subsection shall be construed to either sanction or  | 
         
         
            | 
                
			 | 
            prohibit the use of electronic court recording equipment operated  | 
         
         
            | 
                
			 | 
            [by a noncertified court reporter pursuant and] according to rules  | 
         
         
            | 
                
			 | 
            adopted or approved by the supreme court. | 
         
         
            | 
                
			 | 
                   SECTION 17.07.  Section 154.105, Government Code, is amended  | 
         
         
            | 
                
			 | 
            by amending Subsection (b) and adding Subsections (c), (d), and (e)  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  A [certified] shorthand reporter may administer oaths  | 
         
         
            | 
                
			 | 
            to witnesses: | 
         
         
            | 
                
			 | 
                         (1)  anywhere in this state; | 
         
         
            | 
                
			 | 
                         (2)  in a jurisdiction outside this state if: | 
         
         
            | 
                
			 | 
                               (A)  the reporter is at the same location as the  | 
         
         
            | 
                
			 | 
            witness; and | 
         
         
            | 
                
			 | 
                               (B)  the witness is or may be a witness in a case  | 
         
         
            | 
                
			 | 
            filed in this state; and | 
         
         
            | 
                
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                         (3)  at any location authorized in a reciprocity  | 
         
         
            | 
                
			 | 
            agreement between this state and another jurisdiction under Section  | 
         
         
            | 
                
			 | 
            152.202(b). | 
         
         
            | 
                
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                   (c)  Notwithstanding Subsection (b), a shorthand reporter  | 
         
         
            | 
                
			 | 
            may administer an oath as provided under this subsection to a person  | 
         
         
            | 
                
			 | 
            who is or may be a witness in a case filed in this state without  | 
         
         
            | 
                
			 | 
            being at the same location as the witness: | 
         
         
            | 
                
			 | 
                         (1)  if the reporter is physically located in this  | 
         
         
            | 
                
			 | 
            state at the time the oath is administered; or | 
         
         
            | 
                
			 | 
                         (2)  as authorized in a reciprocity agreement between  | 
         
         
            | 
                
			 | 
            this state and another jurisdiction under Section 152.202(b) if: | 
         
         
            | 
                
			 | 
                               (A)  the witness is at a location in the other  | 
         
         
            | 
                
			 | 
            jurisdiction; and | 
         
         
            | 
                
			 | 
                               (B)  the reporter is at a location in the same  | 
         
         
            | 
                
			 | 
            jurisdiction as the witness. | 
         
         
            | 
                
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                   (d)  The identity of a witness who is not in the physical  | 
         
         
            | 
                
			 | 
            presence of a shorthand reporter may be proven by: | 
         
         
            | 
                
			 | 
                         (1)  a statement under oath on the record by a party to  | 
         
         
            | 
                
			 | 
            the case stating that the party has actual knowledge of the  | 
         
         
            | 
                
			 | 
            witness's identity; | 
         
         
            | 
                
			 | 
                         (2)  a statement on the record by an attorney for a  | 
         
         
            | 
                
			 | 
            party to the case, or an attorney for the witness, verifying the  | 
         
         
            | 
                
			 | 
            witness's identity; | 
         
         
            | 
                
			 | 
                         (3)  a statement on the record by a notary who is in the  | 
         
         
            | 
                
			 | 
            presence of the witness verifying the witness's identity; or | 
         
         
            | 
                
			 | 
                         (4)  the witness's presentation for inspection by the  | 
         
         
            | 
                
			 | 
            court reporter of an official document issued by this state,  | 
         
         
            | 
                
			 | 
            another state, a federal agency, or another jurisdiction that  | 
         
         
            | 
                
			 | 
            verifies the witness's identity. | 
         
         
            | 
                
			 | 
                   (e)  A shorthand reporter to which this section applies shall  | 
         
         
            | 
                
			 | 
            state on the record and certify in each transcript of the deposition  | 
         
         
            | 
                
			 | 
            the physical location of: | 
         
         
            | 
                
			 | 
                         (1)  the witness; and | 
         
         
            | 
                
			 | 
                         (2)  the reporter. | 
         
         
            | 
                
			 | 
                   SECTION 17.08.  Section 154.112, Government Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 154.112.  EMPLOYMENT OF NONCERTIFIED PERSON FOR | 
         
         
            | 
                
			 | 
            SHORTHAND REPORTING [REPORTERS].  (a)  A person who is not certified  | 
         
         
            | 
                
			 | 
            as a court [noncertified shorthand] reporter may be employed to  | 
         
         
            | 
                
			 | 
            engage in shorthand reporting until a certified shorthand reporter  | 
         
         
            | 
                
			 | 
            is available. | 
         
         
            | 
                
			 | 
                   (b)  A person who is not certified as a court [noncertified  | 
         
         
            | 
                
			 | 
            shorthand] reporter may engage in shorthand reporting to report an  | 
         
         
            | 
                
			 | 
            oral deposition only if: | 
         
         
            | 
                
			 | 
                         (1)  the person [noncertified shorthand reporter]  | 
         
         
            | 
                
			 | 
            delivers an affidavit to the parties or to their counsel present at  | 
         
         
            | 
                
			 | 
            the deposition stating that a certified shorthand reporter is not  | 
         
         
            | 
                
			 | 
            available; or | 
         
         
            | 
                
			 | 
                         (2)  the parties or their counsel stipulate on the  | 
         
         
            | 
                
			 | 
            record at the beginning of the deposition that a certified  | 
         
         
            | 
                
			 | 
            shorthand reporter is not available. | 
         
         
            | 
                
			 | 
                   (c)  This section does not apply to a deposition taken  | 
         
         
            | 
                
			 | 
            outside this state for use in this state. | 
         
         
            | 
                
			 | 
                   SECTION 17.09.  The changes in law made by this article apply  | 
         
         
            | 
                
			 | 
            only to a deposition taken on or after the effective date of this  | 
         
         
            | 
                
			 | 
            Act. A deposition taken before that date is governed by the law in  | 
         
         
            | 
                
			 | 
            effect on the date the deposition was taken, and the former law is  | 
         
         
            | 
                
			 | 
            continued in effect for that purpose. | 
         
         
            | 
                
			 | 
            ARTICLE 18.  TRANSITION | 
         
         
            | 
                
			 | 
                   SECTION 18.01.  A state agency subject to this Act is  | 
         
         
            | 
                
			 | 
            required to implement a provision of this Act only if the  | 
         
         
            | 
                
			 | 
            legislature appropriates money specifically for that purpose.  If  | 
         
         
            | 
                
			 | 
            the legislature does not appropriate money specifically for that  | 
         
         
            | 
                
			 | 
            purpose, the state agency may, but is not required to, implement a  | 
         
         
            | 
                
			 | 
            provision of this Act using other appropriations available for that  | 
         
         
            | 
                
			 | 
            purpose. | 
         
         
            | 
                
			 | 
            ARTICLE 19.  EFFECTIVE DATE | 
         
         
            | 
                
			 | 
                   SECTION 19.01.  Except as otherwise provided by this Act,  | 
         
         
            | 
                
			 | 
            this Act takes effect September 1, 2021. | 
         
         
            |   | 
         
         
            |   | 
         
         
            |   | 
            ______________________________ | 
            ______________________________ | 
         
         
            |   | 
               President of the Senate | 
            Speaker of the House      | 
         
         
            |   | 
         
         
            |   | 
         
         
            | 
                		
			 | 
                   I certify that H.B. No. 3774 was passed by the House on May 7,  | 
         
         
            | 
                		
			 | 
            2021, by the following vote:  Yeas 141, Nays 0, 1 present, not  | 
         
         
            | 
                		
			 | 
            voting; that the House refused to concur in Senate amendments to  | 
         
         
            | 
                		
			 | 
            H.B. No. 3774 on May 28, 2021, and requested the appointment of a  | 
         
         
            | 
                		
			 | 
            conference committee to consider the differences between the two  | 
         
         
            | 
                		
			 | 
            houses; and that the House adopted the conference committee report  | 
         
         
            | 
                		
			 | 
            on H.B. No. 3774 on May 30, 2021, by the following vote:  Yeas 134,  | 
         
         
            | 
                		
			 | 
            Nays 3, 2 present, not voting; and that the House adopted H.C.R. No.  | 
         
         
            | 
                		
			 | 
            118 authorizing certain corrections in H.B. No. 3774 on May 31,  | 
         
         
            | 
                		
			 | 
            2021, by the following vote: Yeas 134, Nays 0, 1 present, not  | 
         
         
            | 
                		
			 | 
            voting. | 
         
         
            | 
                		
			 | 
             | 
         
         
            | 
                		
			 | 
            ______________________________ | 
         
         
            | 
                		
			 | 
            Chief Clerk of the House    | 
         
         
            |   | 
         
         
            | 
                		
			 | 
                   I certify that H.B. No. 3774 was passed by the Senate, with  | 
         
         
            | 
                		
			 | 
            amendments, on May 26, 2021, by the following vote:  Yeas 31, Nays  | 
         
         
            | 
                		
			 | 
            0; at the request of the House, the Senate appointed a conference  | 
         
         
            | 
                		
			 | 
            committee to consider the differences between the two houses; and  | 
         
         
            | 
                		
			 | 
            that the Senate adopted the conference committee report on H.B. No.  | 
         
         
            | 
                		
			 | 
            3774 on May 30, 2021, by the following vote:  Yeas 31, Nays 0; and  | 
         
         
            | 
                		
			 | 
            that the Senate adopted H.C.R. No. 118 authorizing certain  | 
         
         
            | 
                		
			 | 
            corrections in H.B. No. 3774 on May 31, 2021, by the following vote:  | 
         
         
            | 
                		
			 | 
            Yeas 31, Nays 0. | 
         
         
            | 
                		
			 | 
             | 
         
         
            | 
                		
			 | 
            ______________________________ | 
         
         
            | 
                		
			 | 
            Secretary of the Senate    | 
         
         
            | 
                		
			 | 
            APPROVED: __________________ | 
         
         
            | 
                		
			 | 
                            Date        | 
         
         
            | 
                		
			 | 
              | 
         
         
            | 
                		
			 | 
                     __________________ | 
         
         
            | 
                		
			 | 
                          Governor        |