HB5060 - Relating to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government.

  89R5620 BCH-D     By: Leach H.B. No. 5060       A BILL TO BE ENTITLED   AN ACT   relating to the operation and administration of and practices and   procedures related to proceedings in the judicial branch of state   government.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  DISTRICT COURTS          SECTION 1.001.  (a)  Subchapter C, Chapter 24, Government   Code, is amended by adding Sections 24.60035 and 24.60036 to read as   follows:           Sec.   24.60035.     490TH JUDICIAL DISTRICT (BRAZORIA COUNTY).     The 490th Judicial District is composed of Brazoria County.             Sec.   24.60036.     491ST JUDICIAL DISTRICT (BRAZORIA COUNTY).     The 491st Judicial District is composed of Brazoria County.          (b)  The 490th Judicial District is created on September 1,   2025.          (c)  The 491st Judicial District is created on September 1,   2026.          SECTION 1.002.  (a)  Subchapter C, Chapter 24, Government   Code, is amended by adding Sections 24.60046 and 24.60047 to read as   follows:           Sec.   24.60046.     501ST JUDICIAL DISTRICT (FORT BEND COUNTY).     The 501st Judicial District is composed of Fort Bend County.           Sec.   24.60047.     502ND JUDICIAL DISTRICT (FORT BEND COUNTY).     The 502nd Judicial District is composed of Fort Bend County.          (b)  The 501st and 502nd Judicial Districts are created on   September 1, 2025.          SECTION 1.003.  (a)  Subchapter C, Chapter 24, Government   Code, is amended by adding Section 24.60048 to read as follows:           Sec.   24.60048.     503RD JUDICIAL DISTRICT (ROCKWALL COUNTY).     The 503rd Judicial District is composed of Rockwall County.          (b)  The 503rd Judicial District is created on September 1,   2025.          SECTION 1.004.  (a)  Subchapter C, Chapter 24, Government   Code, is amended by adding Section 24.60049 to read as follows:           Sec.   24.60049.     504TH JUDICIAL DISTRICT (ELLIS COUNTY).   The   504th Judicial District is composed of Ellis County.          (b)  The 504th Judicial District is created on September 1,   2025.   ARTICLE 2.  STATUTORY COUNTY COURTS          SECTION 2.001.  (a)  Section 25.0092, Government Code, is   amended by amending Subsections (a) and (d) and adding Subsection   (c-1) to read as follows:          (a)  In addition to the jurisdiction provided by Section   25.0003 and other law, and except as limited by Subsection (b), a   county court at law in Atascosa County has concurrent jurisdiction   with the district court in:                (1)  Class A and Class B misdemeanor cases;                (2)  family law matters;                (3)  juvenile matters;                (4)  probate matters; [ and ]                (5)  appeals from the justice and municipal courts ; and                 (6)     civil cases in which the matter in controversy   exceeds the maximum amount provided by Section 25.0003 but does not   exceed $1 million, excluding interest, statutory or punitive   damages and penalties, and attorney's fees and costs, as alleged on   the face of the petition, including:                       (A)     a suit to decide the issue of title to real or   personal property;                       (B)     a suit for the enforcement of a lien on real   property;                       (C)     a suit for the trial of the right to property   valued at $500 or more that has been levied on under a writ of   execution, sequestration, or attachment; and                       (D)  a suit for the recovery of real property .           (c-1)     In addition to other assignments provided by law, a   judge of the county court at law in Atascosa County is subject to   assignment under Chapter 74 to any district court in Atascosa   County.   A county court at law judge assigned to a district court   may hear any matter pending in the district court.          (d)  The judge of a county court at law shall be paid as   provided by Section 25.0005 [ a total annual salary set by the   commissioners court at an amount that is not less than $1,000 less   than the total annual salary received by a district judge in the   county.   A district judge's or statutory county court judge's total   annual salary does not include contributions and supplements paid   by a county ].          (b)  Section 25.0092(a), Government Code, as amended by this   section, applies only to a case filed or proceeding commenced on or   after the effective date of this Act. A case filed or proceeding   commenced before that date is governed by the law in effect on the   date the case was filed or the proceeding was commenced, and the   former law is continued in effect for that purpose.          SECTION 2.002.  (a)  Section 25.0212, Government Code, is   amended by amending Subsections (a), (b), and (f) and adding   Subsections (i) and (j) to read as follows:          (a)  In addition to the jurisdiction provided by Section   25.0003 and other law and except as limited by Subsection (b), a   county court at law in Bowie County has, concurrent with the   district court, the jurisdiction provided by the constitution and   by general law for district courts , including concurrent   jurisdiction in:                 (1)  specialty court programs;                 (2)  misdemeanor cases;                 (3)     family law cases and proceedings, including   juvenile matters; and                 (4)  probate and guardianship matters .          (b)  A county court at law does not have jurisdiction of:                (1)  felony criminal matters;                (2)  suits on behalf of the state to recover penalties   or escheated property;                (3)  misdemeanors involving official misconduct;                (4)  contested elections; or                (5)  civil cases in which the matter in controversy   exceeds the amount provided in Section 25.0003  [ $200,000 ],   excluding interest, statutory or punitive damages and penalties,   and attorney's fees and costs, as alleged on the face of the   petition.          (f)  The [ commissioners court may authorize the judge of a   county court at law to set the ] official court reporter of a county   court at law is entitled to compensation, fees, and allowances in   amounts equal to the amounts paid to the official court reporters   serving the district courts in Bowie County, including an annual   salary set by the judge of the county court at law and approved by   the commissioners court [ reporter's salary ].           (i)     The jury in all civil or criminal matters is composed of   12 members, except in misdemeanor criminal cases and any other case   in which the court has concurrent jurisdiction with county courts   under Section 25.0003(a), the jury is composed of six members.           (j)     In matters of concurrent jurisdiction, a judge of a   county court at law and a judge of a district court with   jurisdiction in Bowie County may transfer cases between the courts   in the same manner that judges of district courts may transfer cases   under Section 24.003.          (b)  Section 25.0212(d), Government Code, is repealed.          SECTION 2.003.  (a)  Section 25.1102(a), Government Code, is   amended to read as follows:          (a)  In addition to the jurisdiction provided by Section   25.0003 and other law, a county court at law in Hidalgo County has   concurrent jurisdiction with the district court in:                (1)  family law cases and proceedings; [ and ]                (2)  civil cases ; and                 (3)     criminal cases for an offense punishable as a   state jail felony [ in which the matter in controversy does not   exceed $750,000, excluding interest, statutory or punitive damages   and penalties, and attorney's fees and costs, as alleged on the page   of the petition ].          (b)  Section 25.1102(a), Government Code, as amended by this   section, applies only to an action filed in a county court at law in   Hidalgo County on or after the effective date of this Act.  An   action filed in a county court at law in Hidalgo County before the   effective date of this Act is governed by the law in effect on the   date the action was filed, and the former law is continued in effect   for that purpose.          SECTION 2.004.  Section 25.1902(b-1), Government Code, is   amended to read as follows:          (b-1)  In addition to the jurisdiction provided by   Subsections (a) and (b), the county courts at law in [ County Court   at Law No.   1 of ] Potter County have [ has ] concurrent jurisdiction   with the district court in felony cases to conduct arraignments,   conduct pretrial hearings, and accept pleas in uncontested matters.          SECTION 2.005.  (a)  Section 25.1723(c), Government Code, is   repealed.          (b)  Section 25.1723(c), Government Code, as repealed by   this section, applies only to an action filed on or after the   effective date of this Act. An action filed before the effective   date of this Act is governed by the law in effect immediately before   that date, and that law is continued in effect for that purpose.   ARTICLE 3. VISITING JUDGES          SECTION 3.001.  Sections 25.0022(d), (h), (k), (o), (t),   (u), and (w), Government Code, are amended to read as follows:          (d)  The presiding judge shall:                (1)  ensure the promulgation of local rules of   administration in accordance with policies and guidelines set by   the supreme court;                (2)  advise local statutory probate court judges on   case flow management practices and auxiliary court services;                (3)  perform a duty of a local administrative statutory   probate court judge if the local administrative judge does not   perform that duty;                (4)  appoint an assistant presiding judge of the   statutory probate courts;                (5)  call and preside over annual meetings of the   judges of the statutory probate courts at a time and place in the   state as designated by the presiding judge;             & [Text truncated for display. Full text available on Congress.gov.]