H.B. No. 16
An act relating to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government, including court security, court documents and arrest warrants, document delivery, juvenile boards, constitutional amendment election challenges, record retention, youth diversion, court-ordered mental health services, the powers of the Texas Supreme Court, jurors, and the special prosecution unit; increasing a criminal penalty; authorizing fees.
ARTICLE 1. DISTRICT COURTS, DISTRICT CLERKS, AND DISTRICT ATTORNEYS
SECTION 1.01. Effective January 1, 2027, the heading to Section 24.127, Government Code, is amended to read as follows:
Sec. 24.127. 522ND JUDICIAL DISTRICT
(GONZALES AND[,] GUADALUPE COUNTIES).
SECTION 1.02. Effective January 1, 2027, Section 24.127(a),
Government Code, is amended to read as follows:
(a) The 522nd [Second 25th] Judicial District is composed of
Gonzales and[,] Guadalupe counties.
SECTION 1.03. Section 24.144, Government Code, is amended
by adding Subsection (b-1) to read as follows:
(b-1) In Callahan County, the 42nd District Court and the
county court have concurrent jurisdiction over all original and
appellate criminal matters over which the county court has
jurisdiction. Matters and proceedings in the concurrent
jurisdiction of the courts may be filed in or transferred between
the 42nd District Court and the county court. All writs and
processes issued and bonds and recognizances made in transferred
cases are returnable to the court to which the case is transferred
as if originally issued in that court.
SECTION 1.04. Section 24.360, Government Code, is amended
to read as follows:
Sec. 24.360. 173RD JUDICIAL DISTRICT (HENDERSON COUNTY).
(a) The 173rd Judicial District is composed of Henderson County.
(b) The 173rd District Court shall give preference to civil
and family law matters.
SECTION 1.05. Effective January 1, 2026, the heading to
Section 24.451, Government Code, is amended to read as follows:
Sec. 24.451. 274TH JUDICIAL DISTRICT (COMAL[, GUADALUPE,]
AND HAYS COUNTIES).
SECTION 1.06. Effective January 1, 2026, Sections 24.451(a)
and (c), Government Code, are amended to read as follows:
(a) The 274th Judicial District is composed of Comal[,
Guadalupe,] and Hays counties.
(c) The 274th District Court has the same jurisdiction as
the 22nd and the 207th district courts in Comal and Hays counties
[and concurrent jurisdiction with the 25th and Second 25th district
courts in Guadalupe County].
SECTION 1.07. Section 24.537, Government Code, is amended
by adding Subsection (c) to read as follows:
(c) The 392nd District Court shall give preference to
criminal cases.
SECTION 1.08. Section 24.591(c), Government Code, is
amended to read as follows:
(c) The district clerk serves as clerk of a district court
in all criminal and civil matters, including family matters, except
the county clerk serves as clerk of a district court in Class A and
Class B misdemeanor cases, juvenile matters, probate matters, and
guardianship matters. Each clerk shall establish a separate docket
for a district court [All civil and criminal matters within the
concurrent jurisdiction of the county and district courts must be
filed with the county clerk in the county court. The county clerk
serves as the clerk of the district court for those matters].
SECTION 1.09. (a) Effective September 1, 2026, Subchapter
C, Chapter 24, Government Code, is amended by adding Section
24.60035 to read as follows:
Sec. 24.60035. 490TH JUDICIAL DISTRICT (BRAZORIA COUNTY).
The 490th Judicial District is composed of Brazoria County.
(b) The 490th Judicial District is created on September 1,
2026.
SECTION 1.10. (a) Effective September 1, 2026, Subchapter
C, Chapter 24, Government Code, is amended by adding Section
24.60037 to read as follows:
Sec. 24.60037. 492ND JUDICIAL DISTRICT (COLORADO AND LAVACA
COUNTIES). The 492nd Judicial District is composed of Colorado and
Lavaca counties.
(b) The 492nd Judicial District is created on September 1,
2026.
SECTION 1.11. Effective January 1, 2026, Section
24.60043(d), Government Code, is amended to read as follows:
(d) The district clerk serves as the clerk of a district
court in all criminal and civil matters, including family matters,
except the county clerk serves as the clerk of a district court in
Class A and Class B misdemeanor cases, juvenile matters, probate
matters, and guardianship matters. Each clerk shall establish a
separate docket for a district court [All civil and criminal
matters within the concurrent jurisdiction of the county and
district courts must be filed with the county clerk in the county
court. The county clerk serves as the clerk of the district court
for those matters].
SECTION 1.12. (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).
(a) The 501st Judicial District is composed of Fort Bend County.
(b) The 501st District Court shall give preference to family
law matters.
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
the effective date of this section.
(c) This section takes effect December 1, 2025, if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive a vote of at least two-thirds of all the
members elected to each house, this section takes effect:
(1) December 1, 2025, if December 1, 2025, is on or
after the 91st day after the last day of the legislative session; or
(2) the 91st day after the last day of the legislative
session, if December 1, 2025, is before the 91st day after the last
day of the legislative session.
SECTION 1.13. (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 the effective
date of this section.
(c) This section takes effect December 1, 2025, if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive a vote of at least two-thirds of all the
members elected to each house, this section takes effect:
(1) December 1, 2025, if December 1, 2025, is on or
after the 91st day after the last day of the legislative session; or
(2) the 91st day after the last day of the legislative
session, if December 1, 2025, is before the 91st day after the last
day of the legislative session.
SECTION 1.14. (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 the effective
date of this section.
(c) This section takes effect December 1, 2025, if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive a vote of at least two-thirds of all the
members elected to each house, this section takes effect:
(1) December 1, 2025, if December 1, 2025, is on or
after the 91st day after the last day of the legislative session; or
(2) the 91st day after the last day of the legislative
session, if December 1, 2025, is before the 91st day after the last
day of the legislative session.
SECTION 1.15. (a) Effective September 1, 2026, Subchapter
C, Chapter 24, Government Code, is amended by adding Section
24.60053 to read as follows:
Sec. 24.60053. 511TH JUDICIAL DISTRICT (COMAL COUNTY). The
511th Judicial District is composed of Comal County.
(b) The 511th Judicial District is created on September 1,
2026.
SECTION 1.16. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60054 to read as follows:
Sec. 24.60054. 512TH JUDICIAL DISTRICT (WILLIAMSON
COUNTY). The 512th Judicial District is composed of Williamson
County.
(b) The 512th Judicial District is created on the effective
date of this section.
(c) This section takes effect December 1, 2025, if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive a vote of at least two-thirds of all the
members elected to each house, this section takes effect:
(1) December 1, 2025, if December 1, 2025, is on or
after the 91st day after the last day of the legislative session; or
(2) the 91st day after the last day of the legislative
session, if December 1, 2025, is before the 91st day after the last
day of the legislative session.
SECTION 1.17. (a) Effective September 1, 2026, Subchapter
C, Chapter 24, Government Code, is amended by adding Sections
24.60055, 24.60056, and 24.60057 to read as follows:
Sec. 24.60055. 513TH JUDICIAL DISTRICT (HARRIS COUNTY).
(a) The 513th Judicial District is composed of Harris County.
(b) The 513th District Court shall give preference to civil
cases.
Sec. 24.60056. 514TH JUDICIAL DISTRICT (HARRIS COUNTY).
(a) The 514th Judicial District is composed of Harris County.
(b) The 514th District Court shall give preference to civil
cases.
Sec. 24.60057. 515TH JUDICIAL DISTRICT (HARRIS COUNTY).
(a) The 515th Judicial District is composed of Harris County.
(b) The 515th District Court shall give preference to civil
cases.
(b) The 513th, 514th, and 515th Judicial Districts are
created on September 1, 2026.
SECTION 1.18. (a) Effective October 1, 2026, Subchapter C,
Chapter 24, Government Code, is amended by adding Sections 24.60058
and 24.60059 to read as follows:
Sec. 24.60058. 516TH JUDICIAL DISTRICT (HARRIS COUNTY).
(a) The 516th Judicial District is composed of Harris County.
(b) The 516th District Court shall give preference to civil
cases.
Sec. 24.60059. 517TH JUDICIAL DISTRICT (HARRIS COUNTY).
(a) The 517th Judicial District is composed of Harris County.
(b) The 517th District Court shall give preference to civil
cases.
(b) The 516th and 517th Judicial Districts are created on
October 1, 2026.
SECTION 1.19. (a) Effective September 1, 2026, Subchapter
C, Chapter 24, Government Code, is amended by adding Section
24.60064 to read as follows:
Sec. 24.60064. 523RD JUDICIAL DISTRICT (MONTGOMERY
COUNTY). (a) The 523rd Judicial District is composed of Montgomery
County.
(b) The 523rd District Court shall give preference to
criminal cases.
(b) The 523rd Judicial District is created on September 1,
2026.
SECTION 1.20. Section 24.911, Government Code, is amended
by adding Subsection (a-2) to read as follows:
(a-2) Tarrant County Criminal District Court No. 2 shall
give preference to criminal cases.
SECTION 1.21. Section 24.913, Government Code, is amended
by adding Subsection (e) to read as follows:
(e) Tarrant County Criminal District Court No. 4 shall give
preference to criminal cases.
SECTION 1.22. Effective September 1, 2028, Section 43.101,
Government Code, is amended to read as follows:
Sec. 43.101. 1ST JUDICIAL DISTRICT. The voters of [Sabine
and] San Augustine County [counties] elect a district attorney for
the 1st Judicial District who represents the state in the [that]
district courts in that county [court only in those counties].
SECTION 1.23. (a) Effective January 1, 2029, Subchapter B,
Chapter 43, Government Code, is amended by adding Section 43.1742
to read as follows:
Sec. 43.1742. 273RD JUDICIAL DISTRICT. The voters of
Sabine County elect a district attorney for the 273rd Judicial
District who represents the state in the district courts in that
county.
(b) The office of district attorney for the 273rd Judicial
District is created on September 1, 2028.
SECTION 1.24. Effective January 1, 2029, Section 43.177,
Government Code, is amended to read as follows:
Sec. 43.177. 293RD JUDICIAL DISTRICT. (a) The voters of
Maverick County [the 293rd Judicial District] elect a district
attorney who represents the state in all cases before the [that]
district court.
(b) The commissioners court of Maverick County [one or more
of the counties comprising the district] may supplement the state
salary of the district attorney and[. The commissioners court of
each county may] set the amount of supplemental compensation paid
by that county.
(c) The district attorney of the 293rd Judicial District
also represents the state in all criminal and civil matters that
arise in the 365th Judicial District in Maverick County.
SECTION 1.25. (a) Effective January 1, 2029, Subchapter B,
Chapter 43, Government Code, is amended by adding Section 43.1812
to read as follows:
Sec. 43.1812. 365TH JUDICIAL DISTRICT. The voters of
Dimmit and Zavala Counties elect a district attorney for the 365th
Judicial District who represents the state in all civil and
criminal matters in the district courts having jurisdiction in
those counties.
(b) The office of district attorney for the 365th Judicial
District is created on January 1, 2029.
(c) The office of district attorney for the 365th Judicial
District exists for purposes of the primary and general elections
in 2028.
SECTION 1.26. Effective January 1, 2029, Section 46.002,
Government Code, is amended to read as follows:
Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
applies to the state prosecuting attorney, all county prosecutors,
and the following state prosecutors:
(1) the district attorneys for Kenedy and Kleberg
Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th,
26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th,
42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th,
66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th,
97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,
123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th,
198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th,
268th, 271st, 273rd, 286th, 287th, 329th, 344th, 349th, 355th,
369th, 452nd, and 506th judicial districts;
(2) the criminal district attorneys for the counties
of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland,
Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo,
Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison,
Medina, Navarro, Newton, Panola, Polk, Randall, Rockwall, San
Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,
Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and
(3) the county attorneys performing the duties of
district attorneys in the counties of Andrews, Aransas, Burleson,
Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls,
Fayette, Freestone, Gonzales, Guadalupe, Lamar, Lamb, Lampasas,
Lavaca, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Oldham,
Orange, Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb,
and Willacy.
SECTION 1.27. (a) Section 24.600(b), Government Code, is
repealed.
(b) Effective January 1, 2026, the following provisions of
the Government Code are repealed:
(1) Sections 24.126(b) and (d);
(2) Sections 24.127(b) and (c); and
(3) Section 24.451(b).
ARTICLE 2. STATUTORY COUNTY COURTS
SECTION 2.01. Sections 22.004(b) and (h-1), Government
Code, are amended to read as follows:
(b) The supreme court from time to time may promulgate a
specific rule or rules of civil procedure, or an amendment or
amendments to a specific rule or rules, to be effective at the time
the supreme court deems expedient in the interest of a proper
administration of justice. The rules and amendments to rules
remain in effect unless and until disapproved by the
legislature. The clerk of the supreme court shall file with the
secretary of state the rules or amendments to rules promulgated by
the supreme court under this subsection and shall provide [mail] a
copy of those rules or amendments to rules to each registered member
of the State Bar of Texas not later than the 60th day before the date
on which they become effective. On receiving a written request
from a member of the legislature, the secretary of state shall
provide the member with electronic notifications when the supreme
court has promulgated rules or amendments to rules under this
section.
(h-1) In addition to the rules adopted under Subsection (h),
the supreme court shall adopt rules to promote the prompt,
efficient, and cost-effective resolution of civil actions filed in
county courts at law in which the amount in controversy does not
exceed $325,000 [$250,000]. The rules shall balance the need for
lowering discovery costs in these actions against the complexity of
and discovery needs in these actions. The supreme court may not
adopt rules under this subsection that conflict with other
statutory law.
SECTION 2.02. Section 25.0003(c), Government Code, is
amended to read as follows:
(c) In addition to other jurisdiction provided by law, a
statutory county court exercising civil jurisdiction concurrent
with the constitutional jurisdiction of the county court has
concurrent jurisdiction with the district court in:
(1) civil cases in which the matter in controversy
exceeds $500 but does not exceed $325,000 [$250,000], excluding
interest, statutory or punitive damages and penalties, and
attorney’s fees and costs, as alleged on the face of the petition;
and
(2) appeals of final rulings and decisions of the
division of workers’ compensation of the Texas Department of
Insurance regarding workers’ compensation claims, regardless of
the amount in controversy.
SECTION 2.03. Section 25.0005(a), Government Code, is
amended to read as follows:
(a) A statutory county court judge, other than a statutory
county court judge who engages in the private practice of law, shall
be paid a total annual salary set by the commissioners court at an
amount that is not less than $1,000 less than the sum of the annual
salary as set by the General Appropriations Act in accordance with
Section 659.012 paid to a district judge with comparable years of
service as the statutory county court judge and any state or county
contributions and supplements paid to a district judge in the
county, other than contributions received as compensation under
Section 74.051. A statutory county court judge’s total annual
salary includes any state or county contributions and supplements
paid to the judge. For purposes of this subsection, the years of
service of a statutory county court judge include any years of
service as:
(1) an appellate court, district court, multicounty
statutory county court, or statutory probate court justice or
judge; [or]
(2) a full-time district court, multicounty statutory
county court, or statutory probate court associate judge; or
(3) a district attorney, criminal district attorney,
or county attorney.
SECTION 2.04. Section 25.0007(c), Government Code, is
amended to read as follows:
(c) In a civil case pending in a statutory county court in
which the matter in controversy exceeds $325,000 [$250,000], the
jury shall be composed of 12 members unless all of the parties agree
to a jury composed of a lesser number of jurors.
SECTION 2.05. Section 25.00212, Government Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) At the end of each state fiscal year, the comptroller
shall determine:
(1) the amounts deposited in the judicial fund under
Section 133.151(c)(1), Local Government Code, from [by] statutory
probate courts fees remitted under Section 133.151(a)(1), Local
Government Code, either:
(A) directly to the treasury by the Office of
Court Administration of the Texas Judicial System for fees paid
using the electronic filing system established under Section
72.031; or
(B) to the comptroller in the manner provided by
Subchapter B, Chapter 133, Local Government Code, for fees paid to
an officer of a court; and
(2) the sum of the amount paid under Section
25.0022(e) and the total amounts paid to the counties under Section
25.00211.
(a-1) If the comptroller determines the total amount
deposited in the judicial fund by statutory probate courts in all
counties as calculated under Subsection (a)(1) exceeds the sum
calculated under Subsection (a)(2) [that sum], the comptroller
[state] shall remit the excess proportionately to each county that
contributed [deposited] a greater amount to [in] the judicial fund
from fees collected by a statutory probate court than the amount the
county was paid under Section 25.00211, as adjusted in an equitable
manner to reflect the differences in the total amounts paid to the
counties under Section 25.00211.
SECTION 2.06. Section 25.0022(f), Government Code, is
amended to read as follows:
(f) Each county pays annually to the presiding judge, from
fees allocated to the judicial education and support fund under
[collected pursuant to] Section 135.102 [118.052(2)(A)(vi)], Local
Government Code, the amount of the salary apportioned [to it] as
provided by this section and the other expenses authorized by this
section. The presiding judge shall place each county’s payment of
salary and other expenses in an administrative fund, from which the
salary and other expenses are paid. The salary shall be paid in
equal monthly installments.
SECTION 2.07. Section 25.0062(b), Government Code, is
amended to read as follows:
(b) The district clerk serves as clerk of a county court at
law in felony cases, in family law cases and proceedings, and in
civil cases in which the matter in controversy exceeds $325,000
[$250,000]. The county clerk serves as clerk of a county court at
law in all other cases. The district clerk shall establish a
separate docket for a county court at law. The commissioners court
shall provide the deputy clerks, bailiffs, and other personnel
necessary to operate a county court at law.
SECTION 2.08. (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 2.09. 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.
SECTION 2.10. (a) Section 25.1031(a), Government Code, is
amended to read as follows:
(a) Harris County has the following county civil courts at
law:
(1) County Civil Court at Law No. 1 of Harris County,
Texas;
(2) County Civil Court at Law No. 2 of Harris County,
Texas;
(3) County Civil Court at Law No. 3 of Harris County,
Texas; [and]
(4) County Civil Court at Law No. 4 of Harris County,
Texas; and
(5) County Civil Court at Law No. 5 of Harris County,
Texas.
(b) The County Civil Court at Law No. 5 of Harris County is
created on the effective date of this Act.
SECTION 2.11. (a) Section 25.1101(b), Government Code, is
amended to read as follows:
(b) Hidalgo County has the following statutory probate
courts:
(1) [one statutory probate court, the] Probate Court
No. 1 of Hidalgo County; and
(2) Probate Court No. 2 of Hidalgo County.
(b) On the effective date of this section:
(1) Probate Court No. 2 of Hidalgo County is created;
and
(2) the Probate Court of Hidalgo County is
redesignated as Probate Court No. 1 of Hidalgo County.
(c) This section takes effect immediately if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this section takes effect on the effective date of this Act.
SECTION 2.12. (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 [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 section. An
action filed in a county court at law in Hidalgo County before the
effective date of this section 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.
(c) This section takes effect immediately if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this section takes effect on the effective date of this Act.
SECTION 2.13. (a) Subchapter C, Chapter 25, Government
Code, is amended by adding Section 25.1563 to read as follows:
Sec. 25.1563. MAVERICK COUNTY. Maverick County has one
statutory county court, the County Court at Law of Maverick County.
(b) The County Court at Law of Maverick County is created on
the effective date of this Act.
SECTION 2.14. 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 2.15. Section 25.2282, Government Code, is amended
by adding Subsection (b) to read as follows:
(b) In addition to the jurisdiction provided by Section
25.0003 and other law, a county court at law in Tom Green County has
concurrent jurisdiction with the district court in family law cases
and proceedings.
SECTION 2.16. Sections 25.2452(b), (c), (d), and (e),
Government Code, are amended to read as follows:
(b) All misdemeanor cases, probate and mental health
matters, proceedings under the Estates Code, and appeals from
municipal courts of record shall be filed in the county court at
law. A county court at law may transfer a case or an appeal
described by this subsection to the county court with the consent of
the county judge.
(c) Except as provided by Section 25.0003 and Subsection
(d), a county court at law has concurrent jurisdiction with the
district court in:
(1) family law cases and proceedings under the Family
Code; [and]
(2) civil cases in which the amount in controversy
exceeds $500 but does not exceed $200,000, excluding interest,
exemplary damages, penalties, attorney’s fees, and court costs;
(3) felony cases to accept guilty pleas; and
(4) appeals from the justice courts.
(d) A county court at law does not have jurisdiction of:
(1) a case under:
(A) the Alcoholic Beverage Code;
(B) the Election Code; or
(C) the Tax Code; or
(2) a matter over which the district court has
exclusive jurisdiction[; or
[(3) a civil case, other than a case under the Family
Code or the Estates Code, in which the amount in controversy is:
[(A) less than the maximum amount in controversy
allowed the justice court in Wichita County; or
[(B) more than $200,000, exclusive of punitive or
exemplary damages, penalties, interest, costs, and attorney’s
fees].
(e) On the motion of any party, a county court at law may
transfer a civil case originally filed in a county court at law that
exceeds the maximum amount in controversy described by Subsection
(c)(2) [(d)(3)(B)] to the district court in Wichita County, except
that an announcement of ready for trial by all parties before a
motion to transfer the case to the district court is filed confers
original jurisdiction on the county court at law. A case that is
transferred to the district court shall be completed under the same
cause number and in the same manner as if the case were originally
filed in the district court.
SECTION 2.17. Section 25.2704(a), Government Code, is
amended to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, the 2nd Multicounty Court at Law has
concurrent jurisdiction with the district courts, including
[except] in civil cases in which the matter in controversy exceeds
the maximum amount provided by Section 25.0003(c)(1).
SECTION 2.18. (a) Sections 25.0212(d) and 25.1723(c),
Government Code, are 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 that date is
governed by the law in effect immediately before that date, and that
law is continued in effect for that purpose.
SECTION 2.19. Sections 25.0003(c), 25.0007(c), and
25.0062(b), Government Code, as amended by this article, apply only
to a civil case filed in a statutory county court on or after the
effective date of this Act. A civil case filed in a statutory
county court before that date is governed by the law in effect
immediately before that date, and the former law is continued in
effect for that purpose.
SECTION 2.20. Section 25.00212, Government Code, as amended
by this article, applies to amounts deposited in the judicial fund
under Section 133.151(c)(1), Local Government Code, from fees
collected by a statutory probate court before, on, or after the
effective date of this Act.
SECTION 2.21. Section 25.2282, Government Code, as amended
by this article, 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 action was filed, and the former law is
continued in effect for that purpose.
SECTION 2.22. Section 25.2452, Government Code, as amended
by this article, applies only to an action filed in a county court
at law in Wichita County on or after the effective date of this Act.
An action filed in a county court at law in Wichita County before
that date 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 2.23. Section 25.2704(a), Government Code, as
amended by this article, 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.
ARTICLE 3. MUNICIPAL COURT PROVISIONS
SECTION 3.01. Section 29.014, Government Code, is amended
by amending Subsections (c) and (d) and adding Subsection (e) to
read as follows:
(c) The committee shall establish the policies and
procedures necessary to provide adequate security to the municipal
courts served by the presiding or municipal judge, as applicable,
including by developing a court emergency management plan.
(d) A committee shall [may] recommend to the municipality
the uses of resources and expenditures of money for courthouse
security, but may not direct the assignment of those resources or
the expenditure of those funds.
(e) Notwithstanding Section 551.001 or 552.003, a court
security committee established under this section is not a
governmental body for the purposes of Chapter 551 or 552.
SECTION 3.02. Section 30.00007, Government Code, is amended
by amending Subsections (b) and (c) and adding Subsection (d) to
read as follows:
(b) The presiding judge shall:
(1) maintain a central docket for cases filed within
the territorial limits of the municipality over which the municipal
courts of record have jurisdiction;
(2) provide for the distribution of cases from the
central docket to the individual municipal judges to equalize the
distribution of business in the courts;
(3) request the jurors needed for cases that are set
for trial by jury;
(4) temporarily assign judges or substitute judges to
exchange benches and to act for each other in a proceeding pending
in a court if necessary for the expeditious disposition of business
in the courts;
(5) supervise and control the operation and clerical
functions of the administrative department of each court, including
the court’s personnel, during the proceedings of the court; and
(6) establish a court security committee to adopt
security policies and procedures for the courts served by the
presiding judge, including by developing a court emergency
management plan, that is composed of:
(A) the presiding judge, or the presiding judge’s
designee, who serves as presiding officer of the committee;
(B) a representative of the law enforcement
agency or other entity that provides the primary security for the
court;
(C) a representative of the municipality; and
(D) any other person the committee determines
necessary to assist the committee.
(c) A court security committee shall [may] recommend to the
governing body the uses of resources and expenditures of money for
courthouse security, but may not direct the assignment of those
resources or the expenditure of those funds.
(d) Notwithstanding Section 551.001 or 552.003, a court
security committee established under this section is not a
governmental body for the purposes of Chapter 551 or 552.
SECTION 3.03. Section 30.01014(d), Government Code, is
amended to read as follows:
(d) [In addition to satisfying the requirements of Section
30.00006(c), a municipal judge must maintain residence in the city
during the tenure of office and must be a resident of the city at the
time of appointment or election.] The judge shall devote as much
time to the office as it requires.
SECTION 3.04. Chapter 30, Government Code, is amended by
adding Subchapter AAA to read as follows:
SUBCHAPTER AAA. CANYON
Sec. 30.01911. APPLICABILITY. This subchapter applies to
the city of Canyon.
Sec. 30.01912. JUDGE. A municipal judge for the city of
Canyon is not required to be a resident of the city.
SECTION 3.05. As soon as practicable after the effective
date of this Act, a court security committee shall develop a court
emergency management plan as required by Section 29.014 or
30.00007, Government Code, as amended by this article.
ARTICLE 4. VISITING JUDGES
SECTION 4.01. 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;
(6) call and convene other meetings of the judges of
the statutory probate courts as considered necessary by the
presiding judge to promote the orderly and efficient administration
of justice in the statutory probate courts;
(7) study available statistics reflecting the
condition of the dockets of the probate courts in the state to
determine the need for the assignment of judges under this section;
(8) compare local rules of court to achieve uniformity
of rules to the extent practical and consistent with local
conditions;
(9) assign or order the clerk who serves the statutory
probate courts to randomly assign a judge or former or retired judge
of a statutory probate court or a former or retired justice of an
appellate court to hear a case under Section 25.002201(a) or
25.00255, as applicable; and
(10) require the local administrative judge for
statutory probate courts in a county to ensure that all statutory
probate courts in the county comply with Chapter 37.
(h) Subject to Section 25.002201, a judge or a former or
retired judge of a statutory probate court or a former or retired
justice of an appellate court may be assigned by the presiding judge
of the statutory probate courts to hold court in a statutory probate
court, a county court, or any statutory court exercising probate
jurisdiction when:
(1) a statutory probate judge requests assignment of
another judge to the judge’s court;
(2) a statutory probate judge is absent, disabled, or
disqualified for any reason;
(3) a statutory probate judge is present or is trying
cases as authorized by the constitution and laws of this state and
the condition of the court’s docket makes it necessary to appoint an
additional judge;
(4) the office of a statutory probate judge is vacant;
(5) the presiding judge of an administrative judicial
district requests the assignment of a statutory probate judge to
hear a probate matter in a county court or statutory county court;
(6) the statutory probate judge is recused or
disqualified as described by Section 25.002201(a);
(7) a county court judge requests the assignment of a
statutory probate judge to hear a probate matter in the county
court; or
(8) a local administrative statutory probate court
judge requests the assignment of a statutory probate judge to hear a
matter in a statutory probate court.
(k) The daily compensation of a former or retired judge or
justice for purposes of this section is set at an amount equal to
the daily compensation of a judge of a statutory probate court in
the county in which the former or retired judge or justice is
assigned. A former or retired judge or justice assigned to a county
that does not have a statutory probate court shall be paid an amount
equal to the daily compensation of a judge of a statutory probate
court in the county where the assigned judge or justice was last
elected.
(o) The county in which the assigned judge served shall pay
out of the general fund of the county:
(1) expenses certified under Subsection (m) to the
assigned judge; and
(2) the salary certified under Subsection (m) to the
county in which the assigned judge serves, or, if the assigned judge
is a former or retired judge or justice, to the assigned judge.
(t) To be eligible for assignment under this section, a
former or retired judge of a statutory probate court or a former or
retired justice of an appellate court must:
(1) not have been removed from office;
(2) certify under oath to the presiding judge, on a
form prescribed by the state board of regional judges, that:
(A) the judge or justice has not been publicly
reprimanded or censured by the State Commission on Judicial
Conduct; and
(B) the judge or justice:
(i) did not resign or retire from office
after the State Commission on Judicial Conduct notified the judge
or justice of the commencement of a full investigation into an
allegation or appearance of misconduct or disability of the judge
or justice as provided in Section 33.022 and before the final
disposition of that investigation; or
(ii) if the judge or justice did resign from
office under circumstances described by Subparagraph (i), was not
publicly reprimanded or censured as a result of the investigation;
(3) annually demonstrate that the judge or justice has
completed in the past state fiscal year the educational
requirements for an active statutory probate court judge;
(4) have served as an active judge or justice for at
least 72 months in a district, statutory probate, statutory county,
or appellate court; and
(5) have developed substantial experience in the
judge’s or justice’s area of specialty.
(u) In addition to the eligibility requirements under
Subsection (t), to be eligible for assignment under this section in
the judge’s or justice’s county of residence, a former or retired
judge of a statutory probate court or a former or retired justice of
an appellate court must certify to the presiding judge a
willingness not to:
(1) appear and plead as an attorney in any court in the
judge’s county of residence for a period of two years; and
(2) accept appointment as a guardian ad litem,
guardian of the estate of an incapacitated person, or guardian of
the person of an incapacitated person in any court in the judge’s or
justice’s county of residence for a period of two years.
(w) A former or retired judge or justice who is assigned
under this section is not an employee of the county in which the
assigned court is located.
SECTION 4.02. Section 25.002201, Government Code, is
amended to read as follows:
Sec. 25.002201. ASSIGNMENT OF JUDGE ON RECUSAL OR
DISQUALIFICATION. (a) Except as provided by Subsection (b), not
later than the 15th day after the date an order of recusal or
disqualification of a statutory probate court judge is issued in a
case, the presiding judge shall assign a statutory probate court
judge or a former or retired judge of a statutory probate court or a
former or retired justice of an appellate court to hear the case if:
(1) the judge of the statutory probate court recused
himself or herself under Section 25.00255(g)(1)(A);
(2) the judge of the statutory probate court
disqualified himself or herself under Section 25.00255(g-1);
(3) the order was issued under Section
25.00255(i-3)(1); or
(4) the presiding judge receives notice and a request
for assignment from the clerk of the statutory probate court under
Section 25.00255(l).
(b) If the judge who is the subject of an order of recusal or
disqualification is the presiding judge of the statutory probate
courts, the chief justice of the supreme court shall assign a
statutory probate judge, [or] a former or retired judge of a
statutory probate court, or a former or retired justice of an
appellate court to hear the case.
SECTION 4.03. Section 25.00255, Government Code, is amended
by amending Subsection (a) and adding Subsections (b) and (c) to
read as follows:
(a) Notwithstanding any conflicting provision in the Texas
Rules of Civil Procedure, Rules 18a and 18b, Texas Rules of Civil
Procedure, apply to the recusal and disqualification of a statutory
probate court judge except as otherwise provided by this section or
another provision of this subchapter. The presiding judge:
(1) has the authority and shall perform the functions
and duties of the presiding judge of the administrative judicial
region under the rules, including the duty to hear or rule on a
referred motion of recusal or disqualification or, subject to
Subdivisions (2) and (3), assign a judge to hear and rule on a
referred motion of recusal or disqualification;
(2) may assign a presiding judge of the administrative
judicial region to hear and rule on a referred motion of recusal or
disqualification only with the consent of the presiding judge of
the administrative judicial region;
(3) may not assign a judge of a statutory probate court
located in the same county as the statutory probate court served by
the judge who is the subject of the motion of recusal or
disqualification; and
(4) if the presiding judge is the subject of the motion
of recusal or disqualification, shall sign and file with the clerk
an order referring the motion to the chief justice of the supreme
court for assignment of a presiding judge of an administrative
judicial region, a statutory probate court judge, [or] a former or
retired judge of a statutory probate court, or a former or retired
justice of an appellate court to hear and rule on the motion,
subject to Subdivisions (2) and (3).
(b) The presiding judge may deny a motion of recusal or
disqualification that does not comply with Rule 18a, Texas Rules of
Civil Procedure, without a hearing. An order denying a motion under
this subsection must state the manner in which the motion fails to
comply with that rule.
(c) A motion of recusal or disqualification that does not
comply with Rule 18a, Texas Rules of Civil Procedure, is a motion or
disqualification for the purpose of determining whether a tertiary
recusal motion has been filed under Section 25.00256, regardless of
whether the motion was amended after filing.
SECTION 4.04. Section 74.003(e), Government Code, is
amended to read as follows:
(e) A retired justice or judge assigned as provided by this
section is entitled to receive, pro rata for the time serving on
assignment, from money appropriated from the general revenue fund
for that purpose, an amount equal to the compensation received from
state and county sources by a justice of the court of appeals to
which assigned. A former justice or judge assigned as provided by
this section is entitled to receive, pro rata for the time serving
on assignment, from money appropriated from the general revenue
fund for that purpose, an amount equal to the compensation from the
state received by a justice of the court of appeals to which
assigned, and from county sources, an amount equal to the
compensation received from county sources by a justice of the court
of appeals to which assigned. For purposes of determining the
amount to be paid to a former or retired justice or judge under this
subsection, the compensation received from the state by a justice
of the court of appeals to which the retired justice or judge is
assigned is the amount equal to the state [base] salary paid in
accordance with Section 659.012(b) to a justice of that court of
appeals with comparable years of service as the retired justice or
judge on the retired justice’s or judge’s last day of service in
judicial office [as set by the General Appropriations Act in
accordance with Section 659.012(a)].
SECTION 4.05. Section 74.046(b), Government Code, is
amended to read as follows:
(b) A presiding judge may appoint a judicial mentor or
arrange for additional administrative personnel to be assigned to a
court identified by the Office of Court Administration of the Texas
Judicial System as needing additional assistance under Section
72.024(b-1). A former or retired judge or justice assigned as a
judicial mentor under this subsection is entitled to the same
salary, compensation, and expenses under Section 74.061 that the
judge or justice would be entitled to if the judge or justice had
been assigned under this chapter to serve as the judge of a trial
court in the administrative judicial region of the court to which
the judge or justice is assigned as a judicial mentor.
SECTION 4.06. Section 74.059, Government Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) A judge assigned under the provisions of this chapter
to a court that sits in a county located in the Texas-Mexico border
region, as defined by Section 2056.002(e), may conduct a
proceeding, other than a trial, or perform a judicial action from
any location in this state using videoconference, teleconference,
or other available electronic means if authorized by the order of
assignment.
SECTION 4.07. Section 74.061, Government Code, is amended
by amending Subsections (h), (i), and (k) and adding Subsection
(k-1) to read as follows:
(h) Notwithstanding Subsection (c), the salary from the
state of a retired judge or justice assigned to a district court is
determined pro rata based on the sum of the regular judge’s salary
from the county plus the amount of the state [base] salary paid in
accordance with Section 659.012(b) to a district judge with
comparable years of service as the retired judge or justice on the
retired judge’s or justice’s last day of service in judicial office
[as set by the General Appropriations Act in accordance with
Section 659.012(a)].
(i) Notwithstanding Subsection (d), the salary from the
state of a former judge or justice assigned to a district court is
determined pro rata based on the amount of the state [base] salary
paid in accordance with Section 659.012(b) to a district judge with
comparable years of service as the retired judge or justice on the
retired judge’s or justice’s last day of service in judicial office
[as set by the General Appropriations Act in accordance with
Section 659.012(a)].
(k) Except as provided by Subsection (k-1) and
notwithstanding [Notwithstanding] any other provision of law, a
former, retired, or active judge is not entitled to compensation
paid by the state when the judge sits as an assigned judge for a
statutory county court.
(k-1) Notwithstanding any other provision, a former or
retired judge or justice assigned under this chapter to a
constitutional county court in a county located in the Texas-Mexico
border region, as defined by Section 2056.002(e), is entitled to
compensation from the state in an amount equal to the maximum salary
a district judge may receive from county and state sources under
Section 659.012(a) if the presiding judge of the administrative
judicial region in which the county lies certifies that exigent
circumstances require the assignment.
SECTION 4.08. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this article takes effect on the effective date of this Act.
ARTICLE 5. MASTERS, MAGISTRATES, REFEREES, AND ASSOCIATE JUDGES
SECTION 5.01. Article 2A.151, Code of Criminal Procedure,
as amended by S.B. 251, Acts of the 89th Legislature, Regular
Session, 2025, and by H.B. 1620, Acts of the 89th Legislature,
Regular Session, 2025, and effective September 1, 2025, is
reenacted and amended to read as follows:
Art. 2A.151. TYPES OF MAGISTRATES. The following officers
are magistrates for purposes of this code:
(1) a justice of the supreme court;
(2) a judge of the court of criminal appeals;
(3) a justice of the courts of appeals;
(4) a judge of a district court;
(5) an associate judge appointed by:
(A) a judge of a district court or a statutory
county court that gives preference to criminal cases in Jefferson
County;
(B) a judge of a district court or a statutory
county court of Brazos County, Nueces County, or Williamson County;
[or]
(C) a judge of a district court under Chapter
54A, Government Code; or
(D) a judge of a district court under Subchapter
B, Chapter 54B, Government Code;
(6) a criminal magistrate appointed by:
(A) the Bell County Commissioners Court;
(B) the Brazoria County Commissioners Court; or
(C) the Burnet County Commissioners Court;
(7) a criminal law hearing officer for:
(A) Harris County appointed under Subchapter L,
Chapter 54, Government Code; or
(B) Cameron County appointed under Subchapter
BB, Chapter 54, Government Code;
(8) a magistrate appointed:
(A) by a judge of a district court of Bexar
County, Dallas County, or Tarrant County that gives preference to
criminal cases;
(B) by a judge of a criminal district court of
Dallas County or Tarrant County;
(C) by a judge of a district court or statutory
county court of Denton or Grayson County;
(D) by a judge of a district court or statutory
county court that gives preference to criminal cases in Travis
County;
(E) by the El Paso Council of Judges;
(F) by the Fort Bend County Commissioners Court;
(G) by the Collin County Commissioners Court; or
(H) under Subchapter JJ, Chapter 54, Government
Code;
(9) a magistrate or associate judge appointed by a
judge of a district court of Lubbock County, Nolan County, or Webb
County;
(10) a county judge;
(11) a judge of:
(A) a statutory county court;
(B) a county criminal court; or
(C) a statutory probate court;
(12) an associate judge appointed by a judge of a
statutory probate court under Chapter 54A, Government Code;
(13) a justice of the peace; and
(14) a mayor or recorder of a municipality or a judge
of a municipal court.
SECTION 5.02. Section 54.1601(b), Government Code, as added
by S.B. 251, Acts of the 89th Legislature, Regular Session, 2025,
is amended to read as follows:
(b) The commissioners court shall establish the minimum
qualifications, salary, benefits, and other compensation of each
magistrate position and shall determine whether the position is
full-time or part-time. Notwithstanding any other provision of
this chapter, to be eligible for appointment under this subchapter,
a person must [The qualifications must require the magistrate to:
[(1) have served as a justice of the peace or municipal
court judge; or
[(2)] have been licensed to practice law in this state
and in good standing with the State Bar of Texas for at least two
years.
SECTION 5.03. Chapter 54B, Government Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. CRIMINAL ASSOCIATE JUDGES IN COKE, CONCHO, IRION,
RUNNELS, SCHLEICHER, STERLING, AND TOM GREEN COUNTIES
Sec. 54B.031. APPOINTMENT. (a) A judge of the 51st, 119th,
340th, or 391st district court may appoint a full-time or part-time
criminal associate judge to perform the duties authorized by this
subchapter if the commissioners court of the county in which the
court has jurisdiction has authorized the creation of an associate
judge position.
(b) If a court has jurisdiction in more than one county, an
associate judge appointed by that court may serve only in a county
in which the commissioners court has authorized the appointment.
(c) If more than one court in a county is subject to this
subchapter, the commissioners court may authorize the appointment
of an associate judge for each court or may authorize one or more
associate judges to share service with two or more courts.
(d) If an associate judge serves more than one court, the
associate judge’s appointment must be made as established by local
rule, but in no event by less than a vote of two-thirds of the judges
under whom the associate judge serves.
Sec. 54B.032. APPLICABILITY. Except as provided by Section
54B.033, Subchapter A, Chapter 54A applies to a criminal associate
judge appointed under this subchapter.
Sec. 54B.033. PROCEEDINGS THAT MAY BE REFERRED. (a) A
judge may refer to a criminal associate judge 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 55A, 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 criminal associate judge 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 criminal associate judge may accept a plea of guilty
from a defendant charged with misdemeanor, felony, or both
misdemeanor and felony offenses.
(d) A criminal associate judge may select a jury. A
criminal associate judge may not preside over a criminal trial on
the merits, whether or not the trial is before a jury.
(e) A criminal associate judge 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
criminal associate judge any proceeding over which a juvenile court
has exclusive original jurisdiction under Title 3, Family Code,
including any matter ancillary to the proceeding.
ARTICLE 6. JUVENILE BOARDS
SECTION 6.01. Section 152.0191(a), Human Resources Code, is
amended to read as follows:
(a) The juvenile board of Bee County is composed of the
county judge, [and] the district judges in Bee County, and the judge
of the 2nd Multicounty Court at Law.
SECTION 6.02. Section 152.0521(a), Human Resources Code, is
amended to read as follows:
(a) The Comal County Juvenile Board is composed of:
(1) the county judge;
(2) the local administrative statutory county court
judge [of each county court at law in the county];
(3) an elected judicial officer of Comal County
appointed by the local administrative statutory county court judge;
(4) the local administrative district judge [of the
22nd District Court];
(5) two elected judicial officers of Comal County
appointed by the local administrative district judge [(4) the
judge of the 207th District Court]; and
[(5) the judge of the 433rd District Court;]
(6) [the judge of the 274th District Court; and
[(7)] the criminal district attorney of Comal County.
SECTION 6.03. Section 152.0971(a), Human Resources Code, is
amended to read as follows:
(a) The juvenile board of Grayson County is composed of the
county judge and the district judges in Grayson County. The county
judge may add a judge of a county court at law to the board.
SECTION 6.04. Section 152.1551(a), Human Resources Code, is
amended to read as follows:
(a) The juvenile board of Live Oak County is composed of the
county judge, [and] the district judges in Live Oak County, and the
judge of the 2nd Multicounty Court at Law.
SECTION 6.05. Section 152.1621(a), Human Resources Code, is
amended to read as follows:
(a) The juvenile board of McMullen County is composed of the
county judge, [and] the district judges in McMullen County, and the
judge of the 2nd Multicounty Court at Law.
ARTICLE 7. COURT ADMINISTRATION
SECTION 7.01. Articles 45A.302(b), (c), and (d), Code of
Criminal Procedure, are amended to read as follows:
(b) In issuing the order of deferral, the judge may impose a
special expense fee [fine] on the defendant in an amount not to
exceed the amount of the fine that could be imposed on the defendant
as punishment for the offense.
(c) The fee [fine] described by Subsection (b) may be
collected at any time before the date on which the period of
deferral ends. A judge who orders the collection of the fee [fine]
must require that the amount of the fee [fine] be credited toward
the payment of the amount of any fine imposed by the judge as
punishment for the offense.
(d) The judge may elect not to impose the special expense
fee [fine] for good cause shown by the defendant.
SECTION 7.02. (a) Subchapter A, Chapter 102, Code of
Criminal Procedure, is amended by adding Article 102.0061 to read
as follows:
Art. 102.0061. FEES IN EXPUNCTION PROCEEDINGS. (a) In
addition to any other fees required by other law and except as
provided by Subsections (c) and (d), a petitioner seeking
expunction of a criminal record in a district court shall pay the
fee charged for filing an ex parte petition in a civil action in
district court.
(b) In addition to any other fees required by other law and
except as provided by Subsection (c), a petitioner seeking
expunction of a criminal record in a justice court or a municipal
court of record under Chapter 55A shall pay a fee of $100 for filing
an ex parte petition for expunction to defray the cost of notifying
state agencies of orders of expunction under that chapter.
(c) The fee under Subsection (a) or the fee under Subsection
(b), as applicable, shall be waived if:
(1) the petitioner seeks expunction of a criminal
record that relates to an arrest for an offense of which the person
was acquitted, other than an acquittal for an offense described by
Article 55A.151; and
(2) the petition for expunction is filed not later
than the 30th day after the date of the acquittal.
(d) The fee under Subsection (a) shall be waived if the
petitioner is entitled to expunction:
(1) under Article 55A.053(a)(2)(A) after successful
completion of a veterans treatment court program created under
Chapter 124, Government Code, or former law; or
(2) under Article 55A.053(a)(2)(B) after successful
completion of a mental health court program created under Chapter
125, Government Code, or former law.
(e) A court that grants a petition for expunction of a
criminal record may order the fee, or portion of the fee, required
to be paid under Subsection (a) to be returned to the petitioner.
(b) This section takes effect January 1, 2026.
SECTION 7.03. Article 102.017, Code of Criminal Procedure,
is amended by adding Subsection (e-1) to read as follows:
(e-1) In administering or directing funds under Subsection
(e), a commissioners court shall consider the recommendations
provided by a court security committee under Section 74.0922,
Government Code, and the governing body of a municipality shall
consider the recommendations provided by a court security committee
under Sections 29.014(d) and 30.00007(c), Government Code.
SECTION 7.04. (a) The heading to Section 22.110,
Government Code, is amended to read as follows:
Sec. 22.110. JUDICIAL INSTRUCTION RELATED TO FAMILY
VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, AND CHILD AND
ELDER ABUSE AND NEGLECT.
(b) Section 22.110, Government Code, is amended by amending
Subsections (a), (b), and (d) and adding Subsection (b-1) to read as
follows:
(a) The court of criminal appeals shall assure that judicial
training related to the problems of family violence, sexual
assault, trafficking of persons, [and] child abuse and neglect, and
elder abuse and neglect is provided.
(b) The court of criminal appeals shall adopt the rules
necessary to accomplish the purposes of this section. The rules
must require:
(1) each district judge, judge of a statutory county
court, associate judge appointed under Chapter 54A of this code or
Chapter 201, Family Code, master, referee, and magistrate within
the judge’s first term of office or the judicial officer’s first
four years of service to complete and provide certification of
completion of 12 hours of training that include at least:
(A) four hours dedicated to issues related to
trafficking of persons, [and] child abuse and neglect, and elder
abuse and neglect that cover at least two of the topics described in
Subsections (d)(8) through (12) and (d)(14) [(d)(8)-(12)];
(B) six hours dedicated to the training described
by Subsections (d)(5), (6), and (7); and
(C) one hour dedicated to the training described
by Subsection (d)(13);
(2) each judge and judicial officer during each
additional term in office or four years of service to complete and
provide certification of completion of an additional five hours of
training that include at least:
(A) two hours dedicated to the training described
by Subsections (d)(11) and (12); and
(B) one hour dedicated to the training described
by Subsection (d)(13); and
(3) each judge of a court with primary responsibility
for family law or family violence matters to complete and provide
certification of completion of an additional hour of training
described by Subsection (d)(13) every two years.
(b-1) The rules adopted under Subsection (b) must exempt
from the training requirements of this section each judge or
judicial officer, including an associate judge, who files an
affidavit stating the judge or judicial officer does not hear cases
involving family violence, sexual assault, trafficking of persons,
child abuse and neglect, or elder abuse and neglect.
(d) The instruction must include information about:
(1) statutory and case law relating to videotaping a
child’s testimony and relating to competency of children to
testify;
(2) methods for eliminating the trauma to the child
caused by the court process;
(3) case law, statutory law, and procedural rules
relating to family violence, sexual assault, trafficking of
persons, and child abuse and neglect;
(4) methods for providing protection for victims of
family violence, sexual assault, trafficking of persons, and child
abuse and neglect;
(5) available community and state resources for
counseling and other aid to victims and to offenders;
(6) gender bias in the judicial process;
(7) dynamics and effects of being a victim of sexual
assault, trafficking of persons, or child abuse and neglect;
(8) dynamics of sexual abuse of children, including
child abuse accommodation syndrome and grooming;
(9) impact of substance abuse on an unborn child and on
a person’s ability to care for a child;
(10) issues of attachment and bonding between children
and caregivers;
(11) issues of child development that pertain to
trafficking of persons and child abuse and neglect;
(12) medical findings regarding physical abuse,
sexual abuse, trafficking of persons, and child abuse and neglect;
[and]
(13) dynamics of family violence; and
(14) elder abuse and neglect.
(c) As soon as practicable after the effective date of this
Act, the Texas Court of Criminal Appeals shall adopt the rules
necessary to implement Section 22.110, Government Code, as amended
by this article.
(d) Section 22.110, Government Code, as amended by this
article, applies to all judges, masters, referees, and magistrates
elected, appointed, or holding office on or after the effective
date of this Act.
SECTION 7.05. Section 22.216(n-2), Government Code, is
amended to read as follows:
(n-2) Notwithstanding Subsection (n-1), the Court of
Appeals for the Fifteenth Court of Appeals District consists of a
chief justice and of two justices holding places numbered
consecutively beginning with Place 2 for the first three years
following the court’s creation. Place 4 shall be created and the
initial vacancy in that place shall be filled for the fourth year
following the court’s creation. Place 5 shall be created and the
initial vacancy in that place shall be filled for the fifth year
following the court’s creation. This subsection expires September
1, 2029 [2027].
SECTION 7.06. Section 25A.003(d), Government Code, as
amended by H.B. 40, Acts of the 89th Legislature, Regular Session,
2025, and effective September 1, 2025, is amended to read as
follows:
(d) The Second Business Court Division is composed of the
counties composing the Second Administrative Judicial Region under
Section 74.042(c), excluding Montgomery County and Bastrop County,
subject to funding through legislative appropriations.
SECTION 7.07. Section 25A.003(e), Government Code, is
amended to read as follows:
(e) The Third Business Court Division is composed of the
counties composing the Third Administrative Judicial Region under
Section 74.042(d) and Bastrop County.
SECTION 7.08. Section 51.303, Government Code, is amended
by amending Subsections (b) and (f) and adding Subsection (d) to
read as follows:
(b) The clerk of a district court shall:
(1) record the acts and proceedings of the court;
(2) enter all judgments of the court under the
direction of the judge; [and]
(3) record all executions issued and the returns on
the executions; and
(4) accept an application for a protective order filed
under Chapter 82, Family Code.
(d) Paper records must include a reference opposite each
name to the minutes on which is entered the judgment in the case.
(f) A case with an electronic record must be searchable by
each party’s full name, the case number, and the date on which the
record was made [In addition to the other powers and duties of this
section, a district clerk shall accept applications for protective
orders under Chapter 71, Family Code].
SECTION 7.09. Section 51.903(d), Government Code, is
amended to read as follows:
(d) The district clerk may not collect a filing fee under
Section 12.005, Civil Practice and Remedies Code, for a filing [a
motion] under this section.
SECTION 7.10. (a) Subchapter C, Chapter 71, Government
Code, is amended by adding Section 71.0354 to read as follows:
Sec. 71.0354. PROSECUTING ATTORNEY INFORMATION. (a) In
this section, “prosecuting attorney” means a county attorney,
district attorney, or criminal district attorney representing this
state in criminal matters before the district or other courts of the
county.
(b) Each prosecuting attorney shall report in the form and
manner prescribed by the council information on:
(1) the categories of criminal offenses prosecuted by
the prosecuting attorney and the number of criminal cases in each
category;
(2) the number of personnel employed by the
prosecuting attorney and whether that number is sufficient to
support the prosecutor’s caseload;
(3) the number of times a defendant was released as
provided by Article 17.151, Code of Criminal Procedure; and
(4) the number of electronic notices submitted by the
prosecuting attorney to a court as required by Article
17.027(a)(2), Code of Criminal Procedure.
(c) In prescribing the information to be submitted and form
and manner of submission of the information under Subsection (b),
the council shall consult with:
(1) the Texas District and County Attorneys
Association; and
(2) other interested persons.
(b) Not later than September 1, 2026, the Texas Judicial
Council shall prescribe the information, and form and manner of
submission, a prosecuting attorney in this state is required to
report under Section 71.0354, Government Code, as added by this
article.
SECTION 7.11. Section 72.015(c), Government Code, is
amended to read as follows:
(c) The judicial security division shall:
(1) serve as a central resource for information on
local and national best practices for court security and the safety
of court personnel;
(2) provide an expert opinion on the technical aspects
of court security; [and]
(3) keep abreast of and provide training on recent
court security improvements; and
(4) develop a model court emergency management plan as
a resource for court security committees.
SECTION 7.12. Section 72.016, Government Code, is amended
to read as follows:
Sec. 72.016. NOTIFICATION PROCEDURE FOR JUDICIAL PRIVACY.
The director shall develop a procedure to regularly notify county
registrars, the Department of Public Safety, the Texas Ethics
Commission, and any other state or local government agency the
office determines should be notified of the judges, judges’
spouses, employees of the Office of Court Administration of the
Texas Judicial System and entities administratively attached to the
office, employees and commissioners of the State Commission on
Judicial Conduct, and related family members whose personal
information must be kept from public records, as provided under
Sections 552.117 and 572.035 of this code, Sections 13.0021 and
15.0215, Election Code, Section 25.025, Tax Code, and Section
521.121, Transportation Code.
SECTION 7.13. Section 72.083, Government Code, is amended
by adding Subsection (c) to read as follows:
(c) Notwithstanding Subsection (b), if the director
determines a performance measure listed in Subsection (b) does not
accurately reflect a court’s performance in probate and mental
health matters, the director may develop an alternative performance
measure to assess the efficient and timely adjudication of those
matters and include the alternative performance measure in the
annual report required under Subsection (b).
SECTION 7.14. Section 74.024(d), Government Code, is
amended to read as follows:
(d) Any rules adopted under this section remain in effect
unless and until disapproved by the legislature. The clerk of the
supreme court shall file with the secretary of state the rules or
any amendments to the rules adopted by the supreme court under this
section and shall provide [mail] a copy of the rules and any
amendments to each registered member of the State Bar not later than
the 120th day before the date on which they become effective. The
supreme court shall allow a period of 60 days for review and comment
on the rules and any amendments. The clerk of the supreme court
shall report the rules or amendments to the rules to the next
regular session of the legislature by providing [mailing] a copy of
the rules or amendments to the rules to each elected member of the
legislature on or before December 1 immediately preceding the
session.
SECTION 7.15. Section 74.091, Government Code, is amended
by amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) In a county with two or more district courts the judges
of those courts shall elect a district judge as local
administrative district judge:
(1) for a term of [not more than] two years; or
(2) if the district judge’s term ends before the second
anniversary of the date the district judge is elected as local
administrative judge, for the remainder of the district judge’s
term.
(b-1) The local administrative district judge may not be
elected on the basis of rotation or seniority.
SECTION 7.16. Section 74.092, Government Code, as amended
by S.B. 664, Acts of the 89th Legislature, Regular Session, 2025,
and effective September 1, 2025, is amended by amending Subsection
(a) and adding Subsection (c) to read as follows:
(a) A local administrative judge, for the courts for which
the judge serves as local administrative judge, shall:
(1) implement and execute the local rules of
administration, including the assignment, docketing, transfer, and
hearing of cases;
(2) appoint any special or standing committees
necessary or desirable for court management and administration;
(3) promulgate local rules of administration if the
other judges do not act by a majority vote;
(4) recommend to the regional presiding judge any
needs for assignment from outside the county to dispose of court
caseloads;
(5) supervise the expeditious movement of court
caseloads, subject to local, regional, and state rules of
administration;
(6) provide the supreme court and the office of court
administration requested statistical and management information;
(7) set the hours and places for holding court in the
county;
(8) supervise the employment and performance of
nonjudicial personnel;
(8-a) supervise the performance of each master,
magistrate, referee, associate judge, or hearing officer who was
appointed under Chapter 54 to serve a court for which the judge
serves as a local administrative judge and whose duties include
duties under Article 15.17, Code of Criminal Procedure;
(9) supervise the budget and fiscal matters of the
local courts, subject to local rules of administration;
(10) coordinate and cooperate with any other local
administrative judge in the district in the assignment of cases in
the courts’ concurrent jurisdiction for the efficient operation of
the court system and the effective administration of justice;
(11) if requested by the courts the judge serves,
establish and maintain the lists required by Section 37.003 and
ensure appointments are made from the lists in accordance with
Section 37.004;
(12) perform other duties as may be directed by the
chief justice or a regional presiding judge; and
(13) establish a court security committee to adopt
security policies and procedures for the trial courts served by the
local administrative district judge, including by adopting a court
emergency management plan, that is composed of:
(A) the local administrative district judge, or
the judge’s designee, who serves as presiding officer of the
committee;
(B) a representative of the sheriff’s office;
(C) a representative of a constable’s office;
(D) a representative of the county commissioners
court;
(E) [(D)] one judge of each type of court in the
county, including a justice of the peace and excluding the judge of
[other than] a municipal court or a municipal court of record;
(F) [(E)] a representative of any county
attorney’s office, district attorney’s office, or criminal district
attorney’s office that serves in the applicable courts; and
(G) [(F)] any other person the committee
determines necessary to assist the committee.
(c) Notwithstanding Section 551.001 or 552.003, a court
security committee established under this section is not a
governmental body for the purposes of Chapter 551 or 552.
SECTION 7.17. Section 74.092(b), Government Code, is
redesignated as Section 74.0922, Government Code, and amended to
read as follows:
Sec. 74.0922. DUTIES OF COURT SECURITY COMMITTEE. [(b)] A
court security committee established under Section 74.092(a)(13)
shall meet at least once annually and shall develop and submit
recommendations [may recommend] to the county commissioners court
on the uses of resources and expenditures of money for courthouse
security, but may not direct the assignment of those resources or
the expenditure of those funds.
SECTION 7.18. Chapter 74, Government Code, is amended by
adding Subchapter D-1 to read as follows:
SUBCHAPTER D-1. COURT LEADERSHIP CONFERENCE
Sec. 74.0981. COURT LEADERSHIP CONFERENCE. The Office of
Court Administration of the Texas Judicial System shall hold an
annual leadership conference to provide information to presiding
judges of administrative regions, local administrative judges, and
court administrators related to:
(1) court budgets and operational funding;
(2) court activity statistics and case-level
information on the amount and character of the business transacted
by the state trial courts;
(3) the duties of a local administrative judge; and
(4) other matters related to court administration.
Sec. 74.0982. REIMBURSEMENT. The Office of Court
Administration of the Texas Judicial System may reimburse a
presiding judge of an administrative region, a local administrative
judge, or a court administrator for the expense of attending the
leadership conference described by Section 74.0981 to the extent
money is appropriated to the office for that purpose.
SECTION 7.19. Section 75.001(d), Government Code, is
amended to read as follows:
(d) A retiree who makes an election under this section shall
be:
(1) designated a senior judge; and
(2) considered a judge of a court of this state for the
purpose of appointment to a judicial branch board, commission, or
council.
SECTION 7.20. Section 121.002(c), Government Code, is
amended to read as follows:
(c) Notwithstanding any other law, a specialty court
program may not operate until the judge, magistrate, or
coordinator:
(1) provides to the Office of Court Administration of
the Texas Judicial System:
(A) written notice of the program;
(B) any resolution or other official declaration
under which the program was established; and
(C) a copy of the program policy manual,
participant handbook, or other adopted documentation describing
the operational plan of [applicable strategic plan that
incorporates duties related to supervision that will be required
under] the program; and
(2) receives from the office written verification of
the program’s compliance with Subdivision (1).
SECTION 7.21. Section 118.011(a), Local Government Code, as
amended by S.B. 1547, Acts of the 89th Legislature, Regular
Session, 2025, is amended to read as follows:
(a) A county clerk shall collect the following fees for
services rendered to any person:
(1) Personal Property Records Filing (Sec. 118.012):
(A) for the first page$ 5.00;
(B) for each additional page or part of a page on
which there are visible marks of any kind$ 4.00;
(2) Real Property Records Filing (Sec. 118.013):
(A) for the first page$ 5.00;
(B) for each additional page or part of a page on
which there are visible marks of any kind$ 4.00;
(C) for all or part of each 8-1/2″ X 14″
attachment or rider$ 4.00;
(D) for each name in excess of five names that
has to be indexed in all records in which the document must be
indexed $ 0.25;
(3) Certified Papers (Sec. 118.014):
(A) for the clerk’s certificate$ 5.00;
(B) printed on paper, plus a fee for each page or
part of a page$ 1.00;
(C) that is a paper document converted to
electronic format, for each page or part of a page$1;
(D) that is an electronic copy of an electronic
document:
(i) for each document up to 10 pages in
length$1;
(ii) for each page or part of a page of a
document over 10 pages$0.10;
(4) Noncertified Papers (Sec. 118.0145):
(A) printed on paper, for each page or part of a
page$ 1.00;
(B) that is a paper document converted to
electronic format, for each page or part of a page$1;
(C) that is an electronic copy of an electronic
document, except for real property records:
(i) for each document up to 10 pages in
length$1;
(ii) for each page or part of a page of a
document over 10 pages$0.10;
(5) Birth or Death Certificate (Sec. 118.015)same
as state registrar;
(6) Bond Approval (Sec. 118.016)$ 5.00 [3.00];
(7) Marriage License (Sec. 118.018)$60.00;
(8) Declaration of Informal Marriage (Sec.
118.019)$25.00;
(9) Brand Registration (Sec. 118.020)$ 5.00;
(10) Oath Administration (Sec. 118.021)$ 1.00.
SECTION 7.22. Section 135.101(a), Local Government Code, is
amended to read as follows:
(a) A person shall pay in a district court, statutory county
court, or county court in addition to all other fees and court costs
a local consolidated filing fee of:
(1) $213 on filing any civil case except a probate,
guardianship, or mental health case; and
(2) $35 on any action other than an original action for
a case subject to Subdivision (1), including [an appeal and] any
counterclaim, cross-action, intervention, contempt action,
interpleader, motion for new trial, motion to reinstate, or
third-party action.
SECTION 7.23. (a) In this section:
(1) “Digital court recording” means the act of making
a verbatim record of an oral court proceeding, deposition, or
proceeding before a grand jury, referee, or court commissioner for
use in litigation in the courts of this state through the use of
digital technology, electronic recording equipment, or other
recording and transcribing technology.
(2) “Office” means the Office of Court Administration
of the Texas Judicial System.
(3) “Official court reporter” and “shorthand
reporter” have the meanings assigned by Section 154.001, Government
Code.
(b) The office shall conduct a study on digital court
recording, including:
(1) an evaluation of the current use of digital court
recording in the courts of this state, including the cost, access,
accuracy, and effectiveness of digital court recording;
(2) an analysis of the use of digital court recording
in other states and jurisdictions; and
(3) recommendations on any necessary changes to
statutes, rules, regulations, or standards regarding the use of
digital court recording in this state.
(c) The office shall establish a workgroup of stakeholders
to provide information to the office related to the study conducted
under this section. The workgroup must include representatives of
each of the following groups:
(1) judges of courts of record;
(2) organizations of shorthand reporters who serve as
official court reporters;
(3) organizations of shorthand reporters who
specialize in reporting depositions;
(4) individuals who provide digital court recording
services;
(5) attorneys who use shorthand reporting and digital
court recording services; and
(6) the public.
(d) Nothing in this section may be construed to limit:
(1) the methods the office may use to gather and
evaluate information related to the study conducted under this
section; or
(2) the ability of the office to employ individuals or
enter into contracts for assistance with conducting the study.
(e) Not later than October 1, 2026, the office shall submit
a report on the study conducted under this section to the governor,
lieutenant governor, speaker of the house of representatives, and
appropriate standing committees of the legislature.
(f) This section expires September 1, 2027.
ARTICLE 8. COPIES CERTIFIED BY CLERKS
SECTION 8.01. Subchapter D, Chapter 51, Government Code, is
amended by adding Section 51.3033 to read as follows:
Sec. 51.3033. CERTIFIED COPIES. A certified copy made of an
original document on file in a district clerk’s office must
include:
(1) on each page of the copy:
(A) the clerk’s signature or initials;
(B) the district court seal; or
(C) a unique document certification and
paginated page number; and
(2) on the final page of the copy:
(A) the clerk’s attestation certifying that the
copy is a true and correct copy of the original document filed in
the clerk’s office;
(B) the number of pages copied; and
(C) the date the copy was issued.
SECTION 8.02. Subchapter F, Chapter 51, Government Code, is
amended by adding Section 51.503 to read as follows:
Sec. 51.503. CERTIFIED COPIES. A certified copy made of an
original document on file in a joint clerk’s office must include:
(1) on each page of the copy:
(A) the clerk’s signature or initials;
(B) the applicable court’s seal; or
(C) a unique document certification and
paginated page number; and
(2) on the final page of the copy:
(A) the clerk’s attestation certifying that the
copy is a true and correct copy of the original document filed in
the clerk’s office;
(B) the number of pages copied; and
(C) the date the copy was issued.
SECTION 8.03. Chapter 191, Local Government Code, is
amended by adding Section 191.0041 to read as follows:
Sec. 191.0041. CERTIFIED COPIES. A certified copy made of
an original document on file in a county clerk’s office must
include:
(1) on each page of the copy:
(A) either:
(i) the clerk’s signature or initials; or
(ii) a unique document certification and
paginated page number; and
(B) either:
(i) the commissioners court seal on a copy
of a document that is not a court document; or
(ii) the court seal on a copy of a court
document; and
(2) on the final page of the copy:
(A) the clerk’s attestation certifying that the
copy is a true and correct copy of the original document filed in
the clerk’s office;
(B) the number of pages copied; and
(C) the date the copy was issued.
ARTICLE 9. CIVIL, CRIMINAL, AND APPELLATE COURT PROCEDURES
SECTION 9.01. Section 16.073, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 16.073. APPLICABILITY OF LIMITATIONS PERIODS TO
ARBITRATION. A claim that is sought to be arbitrated is subject to
the same limitations period that would apply to the claim if the
claim had been brought in court. Commencing an action asserting a
claim by filing suit in a court of competent jurisdiction will toll
the applicable limitations period for arbitration of the same
claim. [(a) A party may not assert a claim in an arbitration
proceeding if the party could not bring suit for the claim in court
due to the expiration of the applicable limitations period.
[(b) A party may assert a claim in an arbitration proceeding
after expiration of the applicable limitations period if:
[(1) the party brought suit for the claim in court
before the expiration of the applicable limitations period; and
[(2) the parties to the claim agreed to arbitrate the
claim or a court ordered the parties to arbitrate the claim.]
SECTION 9.02. Section 30.015(a), Civil Practice and
Remedies Code, as amended by H.B. 40, Acts of the 89th Legislature,
Regular Session, 2025, and effective September 1, 2025, is amended
to read as follows:
(a) In a civil action filed in a district court, a county
court, a statutory county court, a statutory probate court, or the
business court, each party or the party’s attorney must provide the
clerk of the court with written notice of the party’s name, the
party’s [and] current residence or business address, and for a
party who is an individual:
(1) the last three digits of the party’s social
security number; or
(2) the last three digits of the party’s Texas driver’s
license.
SECTION 9.03. Section 30.015(b), Civil Practice and
Remedies Code, is amended to read as follows:
(b) Unless the party is the defendant in a tax suit, the
[The] notice required by Subsection (a) may not be required from any
party or party’s attorney if the [such] party has not appeared or
answered in the civil action.
SECTION 9.04. (a) Article 17.292(n), Code of Criminal
Procedure, is amended to read as follows:
(n) On request [motion, notice, and hearing, or on agreement
of the parties], all or part of an order for emergency protection
issued under this article may be modified by [transferred to] the
court that assumed [assuming] jurisdiction over the offense
[criminal act] giving rise to the issuance of the [emergency] order
[for protection]. The standards under Subsection (j) are
applicable to a [On transfer, the criminal] court modifying [may
modify] all or part of an order [issued] under this subsection [in
the same manner and under the same standards as the issuing court
under Subsection (j)].
(b) Article 17.292(n), Code of Criminal Procedure, as
amended by this article, applies only to a magistrate’s order for
emergency protection entered on or after the effective date of this
Act. A magistrate’s order for emergency protection entered before
the effective date of this Act is governed by the law in effect on
the date the order was entered, and the former law is continued in
effect for that purpose.
SECTION 9.05. (a) Articles 43.09(a) and (k), Code of
Criminal Procedure, are amended to read as follows:
(a) When a defendant is convicted of a misdemeanor and the
defendant’s punishment is assessed at a pecuniary fine or is
confined in a jail after conviction of a felony for which a fine is
imposed, if the defendant is unable to pay the fine and costs
adjudged against the defendant, the defendant may for such time as
will satisfy the judgment be put to work in the county jail
industries program, in the workhouse, or on the county farm, or
public improvements and maintenance projects of the county or a
political subdivision located in whole or in part in the county, as
provided in Article 43.10; or if there is no such county jail
industries program, workhouse, farm, or improvements and
maintenance projects, the defendant shall be confined in jail for a
sufficient length of time to discharge the full amount of fine and
costs adjudged against the defendant; rating such confinement at
$150 [$100] for each day and rating such labor at $150 [$100] for
each day; provided, however, that the defendant may pay the
pecuniary fine assessed against the defendant at any time while the
defendant is serving at work in the county jail industries program,
in the workhouse, or on the county farm, or on the public
improvements and maintenance projects of the county or a political
subdivision located in whole or in part in the county, or while the
defendant is serving the defendant’s jail sentence, and in such
instances the defendant is entitled to the credit earned under this
subsection during the time that the defendant has served and the
defendant shall only be required to pay the balance of the pecuniary
fine assessed against the defendant. A defendant who performs
labor under this article during a day in which the defendant is
confined is entitled to both the credit for confinement and the
credit for labor provided by this article.
(k) A defendant is considered to have discharged $150 [$100]
of fines or costs for each eight hours of community service
performed under Subsection (f) of this article.
(b) Article 43.09(a), Code of Criminal Procedure, as
amended by this article, applies to a defendant who is confined or
performs labor to discharge fines or costs on or after the effective
date of this Act, regardless of whether the offense for which the
fines or costs were imposed occurred before, on, or after that date.
SECTION 9.06. (a) Article 45A.251(e), Code of Criminal
Procedure, is amended to read as follows:
(e) In addition to credit under Subsection (d), in imposing
a fine and costs in a case involving a misdemeanor punishable by
fine only, the justice or judge shall credit the defendant for any
period the defendant was confined in jail or prison while awaiting
trial or serving a sentence for another offense if that confinement
occurred after the commission of the misdemeanor. The credit under
this subsection shall be applied to the amount of the fine and costs
at the rate of not less than $150 for each day of confinement.
(b) Article 45A.251(e), Code of Criminal Procedure, as
amended by this article, applies to a defendant who is sentenced for
an offense on or after the effective date of this Act, regardless of
whether the offense was committed before, on, or after that date.
SECTION 9.07. Article 45A.254(e), Code of Criminal
Procedure, is amended to read as follows:
(e) A defendant is considered to have discharged not less
than $150 [$100] of fines or costs for each eight hours of community
service performed under this article.
SECTION 9.08. Article 45A.459(i), Code of Criminal
Procedure, is amended to read as follows:
(i) A defendant is considered to have discharged not less
than $150 [$100] of fines or costs for each eight hours of community
service performed under this article.
SECTION 9.09. Article 45A.460(i), Code of Criminal
Procedure, is amended to read as follows:
(i) A defendant is considered to have discharged not less
than $150 [$100] of fines or costs for each eight hours of community
service performed under this article.
SECTION 9.10. (a) Subchapter A, Chapter 102, Code of
Criminal Procedure, is amended by adding Article 102.006 to read as
follows:
Art. 102.006. FEES IN EXPUNCTION PROCEEDINGS. (a) In
addition to any other fees required by other law and except as
provided by Subsections (b) and (b-1), a petitioner seeking
expunction of a criminal record in a district court shall pay the
following fees:
(1) the fee charged for filing an ex parte petition in
a civil action in district court;
(2) $1 plus postage for each certified mailing of
notice of the hearing date; and
(3) $2 plus postage for each certified mailing of
certified copies of an order of expunction.
(a-1) In addition to any other fees required by other law
and except as provided by Subsection (b), a petitioner seeking
expunction of a criminal record in a justice court or a municipal
court of record under Chapter 55A shall pay a fee of $100 for filing
an ex parte petition for expunction to defray the cost of notifying
state agencies of orders of expunction under that chapter.
(b) The fees under Subsection (a) or the fee under
Subsection (a-1), as applicable, shall be waived if the petitioner
seeks expunction of a criminal record that relates to an arrest for
an offense of which the person was acquitted, other than an
acquittal for an offense described by Article 55A.151, and the
petition for expunction is filed not later than the 30th day after
the date of the acquittal.
(b-1) The fees under Subsection (a) shall be waived if the
petitioner is entitled to expunction:
(1) under Article 55A.053(a)(2)(A) after successful
completion of a veterans treatment court program created under
Chapter 124, Government Code, or former law; or
(2) under Article 55A.053(a)(2)(B) after successful
completion of a mental health court program created under Chapter
125, Government Code, or former law.
(c) A court that grants a petition for expunction of a
criminal record may order that any fee, or portion of a fee,
required to be paid under Subsection (a) be returned to the
petitioner.
(d) This section expires January 1, 2026.
(b) This section takes effect immediately if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this section takes effect on the effective date of this Act.
SECTION 9.11. Section 233.006(b), Election Code, is amended
to read as follows:
(b) Except as provided by Section 30.023, Civil Practice and
Remedies Code [233.014], the contestant must file the petition not
later than the later of the 30th day after the date the election
records are publicly available under Section 1.012 or the official
result of the contested election is determined.
SECTION 9.12. (a) Section 233.014, Election Code, is
transferred to Chapter 30, Civil Practice and Remedies Code,
redesignated as Section 30.023, Civil Practice and Remedies Code,
and amended to read as follows:
Sec. 30.023 [233.014]. SPECIAL PROCEDURES FOR CONTEST OF
CONSTITUTIONAL AMENDMENT ELECTION. (a) This section applies only
to a contest of an election on a proposed constitutional amendment.
(b) The contestant’s petition must be filed and service of
citation on the secretary of state must be obtained before the final
official canvass is completed.
(c) The filing of an election contest does not suspend
implementation of a constitutional amendment approved by the
majority of the votes cast [The declaration of the official result
of a contested election may not be made until the contest is finally
determined. The secretary of state shall tabulate the county
returns and the governor shall announce the final vote count, as
ascertained from the returns, in a written document. The document
announcing the final vote count must state that a contest of the
election has been filed and that the declaration of the official
result will not be made until the contest is finally determined].
(c-1) The trial court must ensure a written ruling on a
pretrial motion before the court is entered not later than the 30th
day after the date the motion is filed.
(d) The trial date may not be earlier than the 45th day after
the date of the contested election except [nor later than the 180th
day after the date of the contested election. The trial date may be
earlier than the 45th day after the date of the contested election]
at the request of the contestant. The trial court must ensure the
judgment of the court is not filed later than the 180th day after
the date of the contested election.
(e) If an amended petition alleging additional grounds of
contest is filed, the contest may not be called for trial earlier
than the 20th day after the date the amended petition is filed
unless the secretary of state agrees to calling the contest for
trial at an earlier date.
(f) The court shall include in its judgment in a contest an
order directing the governor to declare the [official result of the
election or to declare the] election valid or void, as appropriate,
not later than the 10th day after the date the judgment becomes
final.
(g) Any question relating to the validity or outcome of a
constitutional amendment election may be raised in an election
contest. A contest is the exclusive method for adjudicating such
questions.
(h) If a contestant files an appeal of the contest, the
appellate court must ensure that the action is brought to final
disposition not later than the 60th [180th] day after the date the
judgment becomes final.
(b) Section 233.014, Election Code, as redesignated and
amended by this article, applies to a contest of a constitutional
amendment election filed on or after the effective date of this Act.
A contest of a constitutional amendment election filed before that
date is governed by the law in effect on the date that the suit is
filed, and the former law is continued in effect for that purpose.
SECTION 9.13. Section 6.4035(e), Family Code, is amended to
read as follows:
(e) The party executing the waiver may [not] sign the waiver
using a digitized signature.
SECTION 9.14. (a) Section 22.220, Government Code, is
amended by adding Subsection (e) to read as follows:
(e) A party may not file a notice of appeal in a civil case
requesting assignment of the appeal to the Court of Appeals for the
Fifteenth Court of Appeals District unless the notice includes a
matter arising out of or related to the case that is within the
court’s exclusive intermediate appellate jurisdiction.
(b) Section 22.220(e), Government Code, as added by this
article, applies only to a notice of appeal filed on or after the
effective date of this Act. A notice of appeal filed before that
date is governed by the law in effect on the date the notice was
filed, and the former law is continued in effect for that purpose.
SECTION 9.15. (a) Section 23.303, Government Code, as
added by S.B. 293, Acts of the 89th Legislature, Regular Session,
2025, and effective September 1, 2025, is amended by amending
Subsections (a) and (b) and adding Subsection (b-1) to read as
follows:
(a) The business court, a district court, or a statutory
county court shall, with respect to a motion for summary judgment:
(1) set the motion for a hearing by [hear] oral
argument [on the motion] or by submission on a date [consider the
motion without oral argument] not later than:
(A) the 60th [45th] day after the date [the
response to] the motion was filed; or
(B) the 90th day after the date the motion was
filed:
(i) if the court’s docket requires a hearing
on a date later than the 60th day after the date the motion was
filed;
(ii) on a showing of good cause; or
(iii) if the movant consents; and
(2) file with the clerk of the court and provide to the
parties a written ruling on the motion not later than the 90th day
after the date the motion was heard [argued] or considered.
(b) The [If a motion for summary judgment is considered by a
court described by Subsection (a) without oral argument, the] court
shall record in the docket the date the motion was heard or
considered [without argument].
(b-1) Subsections (a) and (b) do not apply to a motion for
summary judgment that is withdrawn.
(b) Section 23.303, Government Code, as amended by this
section, applies only to a motion for summary judgment filed on or
after the effective date of this Act. A motion for summary judgment
filed before the effective date of this Act is governed by the law
in effect on the date the motion was filed, and that law is
continued in effect for that purpose.
SECTION 9.16. Section 406.026, Government Code, is amended
to read as follows:
Sec. 406.026. ELECTRONIC NOTARIZATION. In a proceeding
filed under Title 1 or 5, Family Code, if a signature is required to
be notarized, acknowledged, verified, or made under oath, the
requirement may be satisfied if the electronic signature of the
person authorized to perform that act, together with all other
information required to be included by other applicable law, is
attached to or logically associated with the signature required to
be notarized, acknowledged, verified, or made under oath.
SECTION 9.17. Section 21.049, Property Code, is amended to
read as follows:
Sec. 21.049. NOTICE OF DECISION OF SPECIAL COMMISSIONERS.
The judge of a court hearing a proceeding under this chapter shall
inform the clerk of the court as to a decision by the special
commissioners on the day the decision is filed or on the next
working day after the day the decision is filed. Not later than the
next working day after the day the decision is filed, the clerk
shall send notice of the decision by a delivery method described
under Rule 21a, Texas Rules of Civil Procedure [certified or
registered United States mail, return receipt requested], to the
parties in the proceeding, or to their attorneys of record, at their
addresses of record.
SECTION 9.18. Section 34.03(a), Tax Code, is amended to
read as follows:
(a) The clerk of the court shall:
(1) if the amount of excess proceeds is more than $25,
before the 31st day after the date the excess proceeds are received
by the clerk, send by a delivery method described by Rule 21a, Texas
Rules of Civil Procedure [certified mail, return receipt
requested], a written notice to the former owner of the property, at
the former owner’s last known address according to the records of
the court or any other source reasonably available to the court,
that:
(A) states the amount of the excess proceeds;
(B) informs the former owner of that owner’s
rights to claim the excess proceeds under Section 34.04; and
(C) includes a copy or the complete text of this
section and Section 34.04;
(2) regardless of the amount, keep the excess proceeds
paid into court as provided by Section 34.02(d) for a period of two
years after the date of the sale unless otherwise ordered by the
court; and
(3) regardless of the amount, send to the attorney
general notice of the deposit and amount of excess proceeds if the
attorney general or a state agency represented by the attorney
general is named as an in rem defendant in the underlying suit for
seizure of the property or foreclosure of a tax lien on the
property.
SECTION 9.19. Section 521.243(a), Transportation Code, is
amended to read as follows:
(a) Unless the petition is dismissed under Section
521.2421(f), the clerk of the court shall send electronically or by
a delivery method described by Rule 21a, Texas Rules of Civil
Procedure, [by certified mail] to the attorney representing the
state a copy of the petition and notice of the hearing if the
petitioner’s license was suspended, revoked, or canceled following
a conviction for:
(1) an offense under Section 19.05 or Sections
49.04-49.08, Penal Code; or
(2) an offense to which Section 521.342 applies.
SECTION 9.20. The changes in law made by this article to
Articles 43.09(k), 45A.254(e), 45A.459(i), and 45A.460(i), Code of
Criminal Procedure, apply to a defendant who performs community
service to discharge fines or costs on or after the effective date
of this Act, regardless of whether the offense for which the fines
or costs were imposed occurred before, on, or after that date.
SECTION 9.21. Section 6.4035(e), Family Code, and Section
406.026, Government Code, as amended by this article, apply to a
waiver of citation executed in a suit for dissolution of a marriage
that is pending in a trial court on the effective date of this Act,
or that is filed on or after that date.
SECTION 9.22. (a) Notwithstanding Section 19, S.B. 1760,
Acts of the 89th Legislature, Regular Session, 2025, Section
1023.0071, Estates Code, as added by Section 5, S.B. 1760, Acts of
the 89th Legislature, Regular Session, 2025, takes effect January
1, 2026.
(b) This section takes effect immediately if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this section takes effect on the effective date of this Act.
ARTICLE 10. YOUTH DIVERSION
SECTION 10.01. Article 45A.253(b), Code of Criminal
Procedure, as amended by H.B. 1620, Acts of the 89th Legislature,
Regular Session, 2025, and effective September 1, 2025, is amended
to read as follows:
(b) If a diversion is not required under Subchapter K [or
Article 45A.251(a-1)], a judge shall allow a defendant who is a
child, as defined by Article 45A.453(a), to elect at the time of
conviction, as defined by Section 133.101, Local Government Code,
to discharge the fine and costs by:
(1) performing community service or receiving
tutoring under Article 45A.460, regardless of whether the
applicable offense occurred at a location specified by Subsection
(a) of that article; or
(2) paying the fine and costs in a manner described by
Article 45A.251(b).
SECTION 10.02. Article 45A.501, Code of Criminal Procedure,
as added by H.B. 1620, Acts of the 89th Legislature, Regular
Session, 2025, and effective September 1, 2025, is amended by
adding Subdivision (8-a) to read as follows:
(8-a) “Traffic offense” has the meaning assigned by
Section 51.02, Family Code.
SECTION 10.03. Article 45A.504, Code of Criminal Procedure,
as added by H.B. 1620, Acts of the 89th Legislature, Regular
Session, 2025, and effective September 1, 2025, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) A child is eligible to enter into a diversion agreement
under this subchapter only once every 12 months [365 days].
(b-1) A child is eligible to enter into a diversion
agreement under this subchapter for more than one offense if the
offenses are alleged to have occurred as part of the same criminal
episode, as defined by Section 3.01, Penal Code.
SECTION 10.04. Article 45A.510(a), Code of Criminal
Procedure, as added by H.B. 1620, Acts of the 89th Legislature,
Regular Session, 2025, and effective September 1, 2025, is amended
to read as follows:
(a) If a charge involving a child who is eligible for
diversion is filed with a court, and [a justice or judge shall
divert the case under this article as follows:
[(1) if] the child does not contest the charge, a
justice or judge shall divert the case under this article without
the child having to enter a plea[; or
[(2) if the child contests the charge, a justice or
judge shall divert the case under this article at the conclusion of
trial on a finding of guilt without entering a judgment of
conviction as provided by Article 45A.251].
SECTION 10.05. Article 45A.512(a), Code of Criminal
Procedure, as added by H.B. 1620, Acts of the 89th Legislature,
Regular Session, 2025, and effective September 1, 2025, is amended
to read as follows:
(a) The clerk of a justice or municipal court may collect
from a child’s parent an [a $50] administrative fee not to exceed
$50 to defray the costs of the diversion of the child’s case under
this subchapter.
SECTION 10.06. Section 53.01(b-1), Family Code, is amended
to read as follows:
(b-1) The person who is conducting the preliminary
investigation shall, as appropriate, refer the child’s case to a
community resource coordination group, a local-level interagency
staffing group, or other community juvenile service provider for
services under Section 53.011, if the person determines that:
(1) [the child is younger than 12 years of age;
[(2)] there is probable cause to believe the child
engaged in delinquent conduct or conduct indicating a need for
supervision;
(2) [(3)] the child’s case does not require referral
to the prosecuting attorney under Subsection (d) or (f);
(3) [(4)] the child is eligible for deferred
prosecution under Section 53.03; and
(4) [(5)] the child:
(A) is younger than 12 years of age, and the
child and the child’s family are not currently receiving services
under Section 53.011 and would benefit from receiving the services;
or
(B) resides in a general residential operation,
as that term is defined by Section 42.002, Human Resources Code.
SECTION 10.07. Section 82.004, Family Code, is amended to
read as follows:
Sec. 82.004. FORM AND CONTENT OF APPLICATION. (a) A person
filing an application under this chapter shall use the protective
order application form created by the Office of Court
Administration of the Texas Judicial System under Section 72.039,
Government Code, that is available on the office’s Internet
website, and shall include in the application:
(1) the name [and county of residence] of each
applicant;
(2) the county of residence of each applicant, unless
the applicant requests confidentiality pursuant to Section 82.011
or 85.007;
(3) the name and county of residence of each
individual alleged to have committed family violence;
(4) [(3)] the relationships between the applicants
and the individual alleged to have committed family violence;
(5) [(4)] a request for one or more protective orders;
[and]
(6) [(5)] whether an applicant is receiving services
from the Title IV-D agency in connection with a child support case
and, if known, the agency case number for each open case; and
(7) any additional information known by the applicant
that may assist in finding the respondent for the purposes of
services.
(b) An applicant may submit an affidavit of confidentiality
to the court pursuant to Section 72.039, Government Code, or
Section 82.011 or 85.007, Family Code, to omit confidential
information from the application and any subsequent protective
order. An affidavit of confidentiality is only for the court’s use
and shall not be transmitted to the respondent.
(c) A party’s failure to use the standardized protective
order form as required under Subsection (a) does not affect the
validity or enforceability of the application or any subsequent
protective order issued.
SECTION 10.08. Section 42.0426(b), Human Resources Code, is
amended to read as follows:
(b) A residential child-care facility shall implement a
behavior intervention program approved by the department for the
benefit of a child served by the facility who needs assistance in
managing the child’s conduct. The program must include:
(1) behavior intervention instruction for staff
members who work directly with children served by the facility,
including crisis response training for emergency behavior
intervention with a goal of limiting law enforcement involvement;
and
(2) training for all employees regarding the risks
associated with the use of prone restraints.
SECTION 10.09. Section 152.00145, Human Resources Code, is
amended to read as follows:
Sec. 152.00145. DIVERSION AND DETENTION POLICY FOR CERTAIN
JUVENILES. (a) In this section, “general residential operation”
has the meaning assigned by Section 42.002.
(b) A juvenile board shall establish policies that
prioritize:
(1) the diversion from referral to a prosecuting
attorney under Chapter 53, Family Code, of children who are:
(A) younger than 12 years of age [from referral
to a prosecuting attorney under Chapter 53, Family Code]; or
(B) residing in a general residential operation,
particularly children alleged to have engaged in conduct
constituting a misdemeanor involving violence to a person; and
(2) the limitation of detention, to circumstances of
last resort, of children who are:
(A) younger than 12 years of age; or
(B) residing in a general residential operation
[to circumstances of last resort].
(c) To monitor the success of policies implemented under
Subsection (b) for children who reside in general residential
operations, a juvenile board shall track:
(1) the number of children referred to the board who
reside in a general residential operation;
(2) the number of children described by Subdivision
(1) who receive deferred prosecution or are referred to the
juvenile probation department; and
(3) the general residential operation where a child
described by Subdivision (1) resides.
SECTION 10.10. Article 45A.251(a-1), Code of Criminal
Procedure, as added by H.B. 1620, Acts of the 89th Legislature,
Regular Session, 2025, and effective September 1, 2025, is
repealed.
SECTION 10.11. Section 53.01(b-1), Family Code, as amended
by this article, applies only to conduct that occurs on or after the
effective date of this Act. Conduct that occurs before that date is
governed by the law in effect on the date the conduct occurred, and
the former law is continued in effect for that purpose. For the
purposes of this section, conduct occurred before the effective
date of this Act if any element of the conduct occurred before that
date.
ARTICLE 11A. COURT-ORDERED MENTAL HEALTH SERVICES
SECTION 11A.01. The following SECTIONS of S.B. 1164, Acts
of the 89th Legislature, Regular Session, 2025, as effective
September 1, 2025, are repealed:
(1) SECTION 8, which amends Sections 574.011(a) and
(b), Health and Safety Code;
(2) SECTION 9, which amends Sections 574.034(a) and
(d), Health and Safety Code; and
(3) SECTION 10, which amends Sections 574.035(a) and
(e), Health and Safety Code.
SECTION 11A.02. (a) This article takes effect only if the
2nd Called Session of the 89th Legislature, 2025, ends before
September 1, 2025. If the 2nd Called Session of the 89th
Legislature, 2025, ends on or after September 1, 2025, this article
has no effect.
(b) Subject to Subsection (a) of this section, this article
takes effect immediately if it receives a vote of two-thirds of all
the members elected to each house, as provided by Section 39,
Article III, Texas Constitution. If this article does not receive
the vote necessary for immediate effect, this article has no
effect.
ARTICLE 11B. COURT-ORDERED MENTAL HEALTH SERVICES
SECTION 11B.01. Sections 574.011(a) and (b), Health and
Safety Code, as amended by S.B. 1164, Acts of the 89th Legislature,
Regular Session, 2025, and effective September 1, 2025, are amended
to read as follows:
(a) A certificate of medical examination for mental illness
must be sworn to, dated, and signed by the examining
physician. The certificate must include:
(1) the name and address of the examining physician;
(2) the name and address of the person examined;
(3) the date and place of the examination;
(4) a brief diagnosis of the examined person’s
physical and mental condition;
(5) the period, if any, during which the examined
person has been under the care of the examining physician;
(6) an accurate description of the mental health
treatment, if any, given by or administered under the direction of
the examining physician; and
(7) the examining physician’s opinion that:
(A) the examined person is a person with mental
illness; and
(B) as a result of that illness the examined
person is[:
[(i)] likely to cause serious harm to the
person or to others or is:
(i) [;
[(ii)] suffering severe and abnormal
mental, emotional, or physical distress;
(ii) [(iii)] experiencing substantial
mental or physical deterioration of the proposed patient’s ability
to function independently, which is exhibited by the proposed
patient’s inability, except for reasons of indigence, to provide
for the proposed patient’s basic needs, including food, clothing,
health, or safety; and
(iii) [(iv)] not able to make a rational
and informed decision as to whether to submit to treatment[; or
[(v) evidencing an inability to recognize
symptoms or appreciate the risks and benefits of treatment; and
[(B) in the absence of inpatient mental health
treatment, the examined person is likely to suffer serious risk of
harm or to inflict serious harm on another person].
(b) The examining physician must specify in the certificate
which criterion listed in Subsection (a)(7)(B) [(a)(7)] forms the
basis for the physician’s opinion.
SECTION 11B.02. Sections 574.034(a) and (d), Health and
Safety Code, as amended by S.B. 1164, Acts of the 89th Legislature,
Regular Session, 2025, and effective September 1, 2025, are amended
to read as follows:
(a) The judge may order a proposed patient to receive
court-ordered temporary inpatient mental health services only if
the judge or jury finds, from clear and convincing evidence, that:
(1) the proposed patient is a person with mental
illness; and
(2) as a result of that mental illness the proposed
patient:
(A) is likely to cause serious harm to the
proposed patient;
(B) is likely to cause serious harm to others; or
(C) is:
(i) suffering severe and abnormal mental,
emotional, or physical distress;
(ii) experiencing substantial mental or
physical deterioration of the proposed patient’s ability to
function independently, which is exhibited by the proposed
patient’s inability, except for reasons of indigence, to provide
for the proposed patient’s basic needs, including food, clothing,
health, or safety; and
(iii) unable to make a rational and
informed decision as to whether or not to submit to treatment[; or
[(iv) evidencing an inability to recognize
symptoms or to appreciate the risks and benefits of treatment; and
[(D) in the absence of court-ordered temporary
inpatient mental health services, is likely to suffer serious risk
of harm or to inflict serious harm on another person].
(d) To be clear and convincing under Subsection (a), the
evidence must include expert testimony and, unless waived, evidence
of a recent overt act or a continuing pattern of behavior that tends
to confirm:
(1) the likelihood of serious harm to the proposed
patient or others; or
(2) [and] the proposed patient’s distress and the
deterioration of the proposed patient’s ability to function[; or
[(2) the proposed patient’s inability to recognize
symptoms or appreciate the risks and benefits of treatment].
SECTION 11B.03. Sections 574.035(a) and (e), Health and
Safety Code, as amended by S.B. 1164, Acts of the 89th Legislature,
Regular Session, 2025, and effective September 1, 2025, are amended
to read as follows:
(a) The judge may order a proposed patient to receive
court-ordered extended inpatient mental health services only if the
jury, or the judge if the right to a jury is waived, finds, from
clear and convincing evidence, that:
(1) the proposed patient is a person with mental
illness;
(2) as a result of that mental illness the proposed
patient:
(A) is likely to cause serious harm to the
proposed patient;
(B) is likely to cause serious harm to others; or
(C) is:
(i) suffering severe and abnormal mental,
emotional, or physical distress;
(ii) experiencing substantial mental or
physical deterioration of the proposed patient’s ability to
function independently, which is exhibited by the proposed
patient’s inability, except for reasons of indigence, to provide
for the proposed patient’s basic needs, including food, clothing,
health, or safety; and
(iii) unable to make a rational and
informed decision as to whether or not to submit to treatment; [or
[(iv) evidencing an inability to recognize
symptoms or appreciate the risks and benefits of treatment; and
[(D) in the absence of court-ordered extended
inpatient mental health services, is likely to suffer serious risk
of harm or to inflict serious harm on another person;]
(3) the proposed patient’s condition is expected to
continue for more than 90 days; and
(4) the proposed patient has received court-ordered
inpatient mental health services under this subtitle or under
Chapter 46B, Code of Criminal Procedure, for at least 60
consecutive days during the preceding 12 months.
(e) To be clear and convincing under Subsection (a), the
evidence must include expert testimony and evidence of a recent
overt act or a continuing pattern of behavior that tends to confirm:
(1) the likelihood of serious harm to the proposed
patient or others; or
(2) [and] the proposed patient’s distress and the
deterioration of the proposed patient’s ability to function[; or
[(2) the proposed patient’s inability to recognize
symptoms or appreciate the risks and benefits of treatment].
SECTION 11B.04. Chapter 574, Health and Safety Code, as
amended by this article, applies only to an application or
proceeding for court-ordered mental health services submitted or
that occurs on or after the effective date of this Act, regardless
of when an offense with which the defendant is charged was
committed.
SECTION 11B.05. (a) This article takes effect only if
Article 11A of this Act does not become law. If Article 11A of this
Act becomes law, this article has no effect.
(b) Subject to Subsection (a) of this section, this article
takes effect immediately if it receives a vote of two-thirds of all
the members elected to each house, as provided by Section 39,
Article III, Texas Constitution. If this article does not receive
the vote necessary for immediate effect, this article takes effect
on the 91st day after the last day of the legislative session.
ARTICLE 12. POWERS OF THE SUPREME COURT
SECTION 12.01. Section 22.004, Government Code, is amended
by amending Subsection (c) and adding Subsections (c-1) and (c-2)
to read as follows:
(c) To ensure [So that] the supreme court has full
rulemaking power in civil actions, [a rule adopted by the supreme
court repeals] all [conflicting] laws and parts of laws governing
practice and procedure in civil actions enacted before May 15,
1939, are repealed, subject to Subsection (c-1)[, but substantive
law is not repealed]. This subsection does not repeal a substantive
law.
(c-1) A law or part of a law described by Subsection (c) is
not superseded until the supreme court adopts a rule that governs
the subject matter of the law or part of a law.
(c-2) At the time the supreme court files a rule, the court
shall file with the secretary of state a list of each article or
section of general law or each part of an article or section of
general law that is superseded under Subsection (c-1) [is repealed
or modified in any way]. The list has the same weight and effect as
a decision of the court.
SECTION 12.02. Section 30.0035, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 30.0035. PERSONAL SERVICE OF PROCESS DURING
LEGISLATIVE PROCEEDING PROHIBITED. A person may not serve citation
or other civil process in person on a member, officer, or employee
of the senate or house of representatives during any legislative
proceeding. A court shall quash any service made in violation of
this section. The supreme court shall revoke the certification of a
process server who violates this section. [This section is not
subject to Section 22.004(c), Government Code.]
SECTION 12.03. Section 34.041(c), Civil Practice and
Remedies Code, is amended to read as follows:
(c) A sale of real property under this subchapter must take
place between 10 a.m. and 4 p.m. on the first Tuesday of a month or,
if the first Tuesday of a month occurs on January 1 or July 4,
between 10 a.m. and 4 p.m. on the first Wednesday of the month.
[Notwithstanding Section 22.004, Government Code, the supreme
court may not amend or adopt rules in conflict with this
subsection.]
SECTION 12.04. Section 1162.007(c), Estates Code, is
amended to read as follows:
(c) An attorney does not violate the attorney-client
privilege solely by complying with a court order to release an
instrument subject to this section and Sections 1162.005 and
1162.006. [Notwithstanding Section 22.004, Government Code, the
supreme court may not amend or adopt rules in conflict with this
subsection.]
SECTION 12.05. Section 52.047(g), Government Code, is
amended to read as follows:
(g) Notwithstanding the Texas Rules of Appellate Procedure,
an official court reporter who is required to prepare a transcript
in a criminal case without charging a fee is not entitled to payment
for the transcript from the state or county if the county paid a
substitute court reporter to perform the official court reporter’s
regular duties while the transcript was being prepared. To the
extent that this subsection conflicts with the Texas Rules of
Appellate Procedure, this subsection controls. [Notwithstanding
Sections 22.004 and 22.108(b), the supreme court or the court of
criminal appeals may not amend or adopt rules in conflict with this
subsection.]
SECTION 12.06. Section 2273.004(c), Government Code, as
added by S.B. 33, Acts of the 89th Legislature, Regular Session,
2025, and effective September 1, 2025, is amended to read as
follows:
(c) Notwithstanding any other law:
(1) a court may not award costs or attorney’s fees
under Rule 91a, Texas Rules of Civil Procedure, [or under another
rule the supreme court adopts under Section 22.004(g)] to any
defendant against whom an action is brought under this section; and
(2) Chapters 27 and 110, Civil Practice and Remedies
Code, do not apply to an action brought under this section.
SECTION 12.07. Section 171.208(i), Health and Safety Code,
is amended to read as follows:
(i) Notwithstanding any other law, a court may not award
costs or attorney’s fees under the Texas Rules of Civil Procedure
[or any other rule adopted by the supreme court under Section
22.004, Government Code,] to a defendant in an action brought under
this section.
SECTION 12.08. Section 455.351(h), Occupations Code, is
amended to read as follows:
(h) Notwithstanding any other law or rule [Section 22.004,
Government Code]:
(1) a person may not continue the enjoined activity
pending appeal or trial on the merits of an injunctive order entered
in a suit brought under this subchapter;
(2) not later than the 90th day after the date of the
injunctive order, the appropriate court of appeals shall hear and
decide an appeal taken by a party enjoined under this subchapter;
and
(3) if an appeal is not taken by a party temporarily
enjoined under this subchapter [article], the parties are entitled
to a full trial on the merits not later than the 90th day after the
date of the temporary injunctive order.
SECTION 12.09. Effective January 1, 2026, Section
24.0043(a), Property Code, as added by S.B. 38, Acts of the 89th
Legislature, Regular Session, 2025, and effective January 1, 2026,
is amended to read as follows:
(a) Except as provided by Subsection (b) but
notwithstanding any other law, [including Section 22.004,
Government Code,] only the legislature may modify or suspend
procedures prescribed by this chapter.
SECTION 12.10. The following provisions of the Civil
Practice and Remedies Code are repealed:
(1) Section 10.006;
(2) Section 14.013(c);
(3) Section 14.014;
(4) Section 14A.061(c);
(5) Section 14A.062;
(6) Section 15.066;
(7) Section 30.010(d);
(8) Section 30.013(f);
(9) Section 30.018(b);
(10) Section 51.017(b);
(11) Section 52.005(b);
(12) Section 64.091(k);
(13) Section 64.093(k);
(14) Section 65.045(b);
(15) Section 98.007(e);
(16) Section 98B.008(e), as added by S.B. 441, Acts of
the 89th Legislature, Regular Session, 2025, and effective
September 1, 2025;
(17) Section 100B.004(e), as added by S.B. 2373, Acts
of the 89th Legislature, Regular Session, 2025, and effective
September 1, 2025;
(18) Section 134A.0065(k), as added by H.B. 4081, Acts
of the 89th Legislature, Regular Session, 2025, and effective
September 1, 2025;
(19) Section 134A.007(c); and
(20) Section 154.028(m).
SECTION 12.11. The following provisions are repealed:
(1) Section 111.002(b), Family Code;
(2) Section 301.002, Family Code;
(3) Section 276.002(e), Finance Code;
(4) Section 23.303(e), Government Code, as added by
S.B. 293, Acts of the 89th Legislature, Regular Session, 2025, and
effective September 1, 2025;
(5) Section 74.1625(b), Government Code; and
(6) Section 410.305(b), Labor Code.
SECTION 12.12. On the effective date of this Act, a rule
adopted by the Texas Supreme Court under Section 22.004, Government
Code, as that section existed before the effective date of this Act,
that conflicts with a provision of law is invalid and has no effect
in any action commenced in any court in this state on or after the
effective date of this Act.
ARTICLE 13. JURORS
SECTION 13.01. Article 19A.105(b), Code of Criminal
Procedure, as amended by H.B. 2637, Acts of the 89th Legislature,
Regular Session, 2025, and effective September 1, 2025, is amended
to read as follows:
(b) The following qualified persons may be exempted [claim
an exemption] from grand jury service:
(1) a person who is 75 years of age or older;
(2) a person responsible for the care of a child who is
younger than 18 years of age and who will be without adequate
supervision if the person serves on the grand jury;
(3) a student of a public or private secondary school;
(4) a person enrolled in and in actual attendance at an
institution of higher education; and
(5) any other person the court determines has a
reasonable excuse from service.
SECTION 13.02. Section 62.107(c), Government Code, as
amended by H.B. 2637, Acts of the 89th Legislature, Regular
Session, 2025, and effective September 1, 2025, is amended to read
as follows:
(c) A person who files a statement with a clerk of the court,
as provided by Subsection (a), claiming an exemption because the
person is 75 years of age or older, may also claim the permanent
exemption on that ground authorized by Section 62.108 by including
in the statement filed with the clerk a declaration that the person
desires the permanent exemption. The clerk of the court with whom
the declaration is filed shall notify the district clerk [secretary
of state].
SECTION 13.03. Section 62.108(e), Government Code, as
amended by H.B. 2637, Acts of the 89th Legislature, Regular
Session, 2025, and effective September 1, 2025, is amended to read
as follows:
(e) A person who has claimed a permanent exemption from jury
service because the person is 75 years of age or older may rescind
the exemption at any time by filing a signed request for the
rescission with the district clerk [voter registrar] of the county.
Rescission of a permanent exemption does not affect the right of a
person who is 75 years of age or older to claim permanent exemption
at a later time.
SECTION 13.04. Sections 62.109(a) and (b), Government Code,
as amended by H.B. 2637, Acts of the 89th Legislature, Regular
Session, 2025, and effective September 1, 2025, are amended to read
as follows:
(a) The judge of a district court or, if authorized by the
local administrative district judge or the county jury plan, the
district clerk may permanently or for a specified period exempt
from service as a juror in all the county and district courts in the
county a person with a physical or mental impairment or with an
inability to comprehend or communicate in the English language that
makes it impossible or very difficult for the person to serve on a
jury.
(b) A person requesting an exemption under this section must
submit to the court or the district clerk described by Subsection
(a) an affidavit stating the person’s name and address and the
reason for and the duration of the requested exemption. A person
requesting an exemption due to a physical or mental impairment must
attach to the affidavit a statement from a physician. The affidavit
and physician’s statement may be submitted to the court at the time
the person is summoned for jury service or at any other time.
SECTION 13.05. The changes in law made by this article apply
only to a person who is summoned to appear for service on a grand
jury or petit jury on or after the effective date of this Act. A
person who is summoned to appear for service on a grand jury or
petit jury before the effective date of this Act is governed by the
law in effect on the date the person was summoned, and the former
law is continued in effect for that purpose.
ARTICLE 14. SPECIAL PROSECUTION UNIT
SECTION 14.01. Section 41.311, Government Code, as added by
S.B. 1610, Acts of the 89th Legislature, Regular Session, 2025, and
effective September 1, 2025, is amended to read as follows:
Sec. 41.311. PROSECUTION OF CERTAIN OFFENSES. An [A
prosecuting] attorney serving on the unit has the same authority to
represent this state in the prosecution of a criminal offense
committed by a person civilly committed as a sexually violent
predator under Chapter 841, Health and Safety Code, including an
offense under Section 841.085, Health and Safety Code, as is
conferred on a prosecuting [county attorney, district attorney, or
criminal district] attorney of a court with jurisdiction of the
offense.
SECTION 14.02. (a) Subchapter E, Chapter 41, Government
Code, is amended by adding Sections 41.312, 41.313, and 41.314 to
read as follows:
Sec. 41.312. IMMUNITY. (a) The following persons are
immune from liability for good faith conduct under this chapter or
Chapter 841, Health and Safety Code:
(1) a member of the board of directors;
(2) a member of the executive board;
(3) the chief of the unit;
(4) the counselor serving the unit; and
(5) any other employee or officer of the unit.
(b) A court shall immediately dismiss any action asserting a
claim against a person described by Subsection (a) that arose from
the person’s good faith conduct.
(c) This section does not affect a defense, immunity, or
jurisdictional bar available to a person described by Subsection
(a).
Sec. 41.313. ATTORNEY GENERAL REPRESENTATION. (a) The
attorney general shall defend any person described by Section
41.312(a) in an action if:
(1) the unit requests the attorney general defend the
person; and
(2) the action arises from a service performed under
this chapter or Chapter 841, Health and Safety Code.
(b) The unit or the person described by Section 41.312(a) is
not responsible for and may not pay any costs associated with the
assistance.
Sec. 41.314. RECOVERY OF COURT COSTS AND ATTORNEY’S FEES.
(a) In an action against a person described by Section 41.312(a),
the court shall award to the person court costs and attorney’s fees
incurred in the action if the person is found immune under that
section and the person is not represented by the attorney general.
(b) In an action against a person described by Section
41.312(a) who is represented by the attorney general, the court
shall award to the attorney general court costs and attorney’s fees
incurred in the action if the person is found immune under that
section.
(b) Sections 41.312, 41.313, and 41.314, Government Code,
as added by this article, apply 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 the effective date of this Act, and that law is
continued in effect for that purpose.
ARTICLE 15. MISCELLANEOUS JUDICIAL, COURT, AND RECORD PROVISIONS
SECTION 15.01. The heading to Section 13.0021, Election
Code, is amended to read as follows:
Sec. 13.0021. ADDITIONAL REGISTRATION INFORMATION FROM
CERTAIN FEDERAL AND STATE JUDGES, FEDERAL OFFICIALS, CLERKS,
GOVERNMENTAL EMPLOYEES, INCLUDING MUNICIPAL COURT PERSONNEL, AND
FAMILY MEMBERS.
SECTION 15.02. Section 13.0021(b), Election Code, is
amended to read as follows:
(b) The registrar of the county shall omit from the
registration list the residence address for a [If the] registration
applicant who is:
(1) a federal judge, including a federal bankruptcy
judge;
(2) [,] a state judge;
(3) [,] a marshal of the United States Marshals
Service;
(4) [,] a United States attorney;
(5) a current or former county clerk, district clerk,
or county and district clerk, or a current or former employee of the
office of a county clerk, district clerk, or county and district
clerk or municipal court personnel;
(6) a current or former employee whose duties relate
to court administration, including a court clerk, court
coordinator, court administrator, juvenile case manager, law
clerk, or staff attorney;
(7) a current or former employee of the Office of Court
Administration of the Texas Judicial System and entities
administratively attached to the office;
(8) a current or former employee or commissioner of
the State Commission on Judicial Conduct; or
(9) [, or] a family member of a person listed in
Subdivisions (1)-(8) [state judge, a federal judge, including a
federal bankruptcy judge, a marshal of the United States Marshals
Service, or a United States attorney, the registrar of the county
shall omit the applicant’s residence address from the registration
list].
SECTION 15.03. Section 253.152(7), Election Code, is
amended to read as follows:
(7) “Statewide judicial office” means the office of
chief justice or justice, supreme court, or presiding judge or
judge, court of criminal appeals, or chief justice or justice,
Court of Appeals for the Fifteenth Court of Appeals District.
SECTION 15.04. Subchapter A, Chapter 58, Family Code, is
amended by adding Section 58.010 to read as follows:
Sec. 58.010. CONFIDENTIALITY OF WARRANTS OF ARREST.
Notwithstanding Article 15.26, Code of Criminal Procedure, an
arrest warrant issued for a child and a complaint or affidavit on
which an arrest warrant issued for a child is based are confidential
and may be disclosed only to the following:
(1) the judge, probation officer, and professional
staff or consultants of the juvenile court;
(2) a juvenile justice agency, as defined by Section
58.101;
(3) a criminal justice agency, as defined by Section
411.082, Government Code;
(4) an attorney representing the child’s parent in a
proceeding under this title;
(5) an attorney representing the child;
(6) a prosecuting attorney; or
(7) with permission from the juvenile court, another
individual, agency, or institution with a legitimate interest in
the information or court.
SECTION 15.05. (a) Section 81.113(a), Government Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), the state bar
shall credit an attorney licensed in this state with meeting the
minimum continuing legal education requirements of the state bar
for a reporting year if during the reporting year the attorney is:
(1) employed full-time as an attorney by:
(A) [(1)] the senate;
(B) [(2)] the house of representatives;
(C) [(3)] a committee, division, department, or
office of the senate or house;
(D) [(4)] the Texas Legislative Council;
(E) [(5)] the Legislative Budget Board;
(F) [(6)] the Legislative Reference Library;
(G) [(7)] the office of the state auditor; or
(H) [(8)] the Sunset Advisory Commission; or
(2) serving as a state official appointed by the
governor and confirmed by the senate.
(b) Section 81.113, Government Code, as amended by this
article, applies only to the minimum requirements for a continuing
legal education compliance year that ends on or after the effective
date of this Act. The minimum requirements for continuing legal
education for a compliance year that ends before that date are
covered by the law and rules in effect when the compliance year
ended, and that law and those rules are continued in effect for that
purpose.
SECTION 15.06. Section 92.001(1), Government Code, as added
by H.B. 5081, Acts of the 89th Legislature, Regular Session, 2025,
and effective September 1, 2025, is amended to read as follows:
(1) “At-risk individual” means:
(A) a judge, as defined by Section 33.001;
(B) a federal judge, as defined by Section
411.201, who resides in this state;
(C) a court clerk; or [and]
(D) [(C)] an employee of a state court, a court
clerk, the office, or another agency in the judicial branch of state
government.
SECTION 15.07. Section 552.117(a), Government Code, as
amended by S.B. 370 and S.B. 1569, Acts of the 89th Legislature,
Regular Session, 2025, and effective September 1, 2025, is
reenacted and amended to read as follows:
(a) Information is excepted from the requirements of
Section 552.021 if it is information that relates to the home
address, home telephone number, emergency contact information, or
social security number of the following person or that reveals
whether the person has family members:
(1) a current or former official or employee of a
governmental body, except as otherwise provided by Section 552.024;
(2) a current or honorably retired peace officer as
defined by Article 2A.001, Code of Criminal Procedure, or a current
or honorably retired security officer commissioned under Section
51.212, Education Code, regardless of whether the officer complies
with Section 552.024 or 552.1175, as applicable;
(3) a current or former employee of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department, regardless of
whether the current or former employee complies with Section
552.1175;
(4) a peace officer as defined by Article 2A.001, Code
of Criminal Procedure, or other law, a reserve law enforcement
officer, a commissioned deputy game warden, or a corrections
officer in a municipal, county, or state penal institution in this
state who was killed in the line of duty, regardless of whether the
deceased complied with Section 552.024 or 552.1175;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code, regardless of whether the
officer complies with Section 552.024 or 552.1175, as applicable;
(6) an officer or employee of a community supervision
and corrections department established under Chapter 76 who
performs a duty described by Section 76.004(b), regardless of
whether the officer or employee complies with Section 552.024 or
552.1175;
(7) a current or former employee of the office of the
attorney general and a family member of the current or former
employee, regardless of whether the person complies with Section
552.024 or 552.1175;
(8) a current or former employee of the Texas Juvenile
Justice Department or of the predecessors in function of the
department, regardless of whether the current or former employee
complies with Section 552.024 or 552.1175;
(9) a current or former juvenile probation or
supervision officer certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code, regardless of whether the
current or former officer complies with Section 552.024 or
552.1175;
(10) a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code, regardless of whether the current or former
employee complies with Section 552.024 or 552.1175;
(11) a current or former member of the United States
Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
service of one of those branches of the armed forces, or the Texas
military forces, as that term is defined by Section 437.001;
(12) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters, regardless of whether the current or former attorney
complies with Section 552.024 or 552.1175;
(13) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters, regardless of whether the current or
former employee complies with Section 552.024 or 552.1175;
(14) a current or former employee of the Texas Civil
Commitment Office or of the predecessor in function of the office or
a division of the office, regardless of whether the current or
former employee complies with Section 552.024 or 552.1175;
(15) a current or former federal judge or state judge,
as those terms are defined by Section 1.005, Election Code, a
federal bankruptcy judge, a marshal of the United States Marshals
Service, a United States attorney, or a family member of a current
or former federal judge, including a federal bankruptcy judge, a
marshal of the United States Marshals Service, a United States
attorney, or a state judge;
(16) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services, regardless of
whether the caseworker or investigator complies with Section
552.024 or 552.1175, or a current or former employee of a department
contractor performing child protective services caseworker, adult
protective services caseworker, or investigator functions for the
contractor on behalf of the department;
(17) an elected public officer, regardless of whether
the officer complies with Section 552.024 or 552.1175;
(18) a current or former United States attorney,
assistant United States attorney, federal public defender, deputy
federal public defender, or assistant federal public defender and
the spouse or child of the current or former attorney or public
defender, regardless of whether the person complies with Section
552.024 or 552.1175; [or]
(19) a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code, regardless of whether the firefighter or
volunteer firefighter or emergency medical services personnel
comply with Section 552.024 or 552.1175, as applicable;
(20) a current or former employee of a public
defender’s office as defined by Article 26.044(a), Code of Criminal
Procedure, regardless of whether the current or former employee
complies with Section 552.024 or 552.1175;
(21) [(20)] a member of the governing board of an
institution of higher education or a private or independent
institution of higher education, as those terms are defined by
Section 61.003, Education Code;
(22) [(21)] the chancellor or other chief executive
officer of a university system, as defined by Section 61.003,
Education Code; [or]
(23) [(22)] the president or other chief executive
officer of an institution of higher education or a private or
independent institution of higher education, as those terms are
defined by Section 61.003, Education Code;
(24) a current or former county clerk, district clerk,
or county and district clerk, or a current or former employee of the
office of a county clerk, district clerk, or county and district
clerk, regardless of whether the current or former clerk or
employee complies with Section 552.024 or 552.1175;
(25) a current or former employee whose duties relate
to court administration, including a court clerk, court
coordinator, court administrator, juvenile case manager, law
clerk, or staff attorney, regardless of whether the employee
complies with Section 552.024 or 552.1175;
(26) a current or former employee of the Office of
Court Administration of the Texas Judicial System and entities
administratively attached to the office, regardless of whether the
employee complies with Section 552.024 or 552.1175; or
(27) a current or former employee or commissioner of
the State Commission on Judicial Conduct, regardless of whether the
employee or commissioner complies with Section 552.024 or 552.1175.
SECTION 15.08. Section 552.117, 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), all [All]
documents filed with a county clerk and all documents filed with a
district clerk are exempt from this section.
(b-1) A county clerk or district clerk on request of a
person to whom this section applies shall redact information
described by Subsection (a) that relates to the person posted on an
Internet website by:
(1) the clerk; or
(2) an entity with which the county contracts for the
provision or maintenance of the Internet website.
SECTION 15.09. Section 552.1175(a), Government Code, as
amended by S.B. 370, S.B. 1540, and S.B. 1569, Acts of the 89th
Legislature, Regular Session, 2025, and effective September 1,
2025, is reenacted and amended to read as follows:
(a) This section applies only to:
(1) current or honorably retired peace officers as
defined by Article 2A.001, Code of Criminal Procedure, or special
investigators as described by Article 2A.002, Code of Criminal
Procedure;
(2) current or honorably retired county jailers as
defined by Section 1701.001, Occupations Code;
(3) current or former employees of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department;
(4) commissioned security officers as defined by
Section 1702.002, Occupations Code;
(5) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(5-a) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters;
(6) officers and employees of a community supervision
and corrections department established under Chapter 76 who perform
a duty described by Section 76.004(b);
(7) criminal investigators of the United States as
described by Article 2A.002(a), Code of Criminal Procedure;
(8) current or honorably retired police officers and
inspectors of the United States Federal Protective Service;
(9) current or former employees of the office of the
attorney general and a family member of the current or former
employee;
(10) current or former juvenile probation and
detention officers certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code;
(11) current or former employees of a juvenile justice
program or facility, as those terms are defined by Section 261.405,
Family Code;
(12) current or former employees of the Texas Juvenile
Justice Department or the predecessors in function of the
department;
(13) federal judges and state judges as defined by
Section 1.005, Election Code;
(14) current or former employees of the Texas Civil
Commitment Office or of the predecessor in function of the office or
a division of the office;
(15) a current or former member of the United States
Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
service of one of those branches of the armed forces, or the Texas
military forces, as that term is defined by Section 437.001;
(16) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services or a current or
former employee of a department contractor performing child
protective services caseworker, adult protective services
caseworker, or investigator functions for the contractor on behalf
of the department;
(17) an elected public officer;
(18) a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code;
(19) a current or former United States attorney,
assistant United States attorney, federal public defender, deputy
federal public defender, or assistant federal public defender; [or]
(20) a current or former employee of a public
defender’s office as defined by Article 26.044(a), Code of Criminal
Procedure;
(21) [(20)] a current or former election official, as
defined by Section 1.005, Election Code, or employee, volunteer, or
designee of an election official, or an employee of the secretary of
state’s office who performs duties relating to elections;
(22) [(20)] a member of the governing board of an
institution of higher education or a private or independent
institution of higher education, as those terms are defined by
Section 61.003, Education Code;
(23) [(21)] the chancellor or other chief executive
officer of a university system, as defined by Section 61.003,
Education Code; [and]
(24) [(22)] the president or other chief executive
officer of an institution of higher education or a private or
independent institution of higher education, as those terms are
defined by Section 61.003, Education Code;
(25) a current or former county clerk, district clerk,
or county and district clerk, or a current or former employee of the
office of a county clerk, district clerk, or county and district
clerk;
(26) a current or former employee whose duties relate
to court administration, including a court clerk, court
coordinator, court administrator, juvenile case manager, law
clerk, or staff attorney;
(27) a current or former employee of the Office of
Court Administration of the Texas Judicial System and entities
administratively attached to the office; and
(28) a current or former employee or commissioner of
the State Commission on Judicial Conduct.
SECTION 15.10. Section 552.1175, Government Code, is
amended by amending Subsection (e) and adding Subsection (e-1) to
read as follows:
(e) Except as provided by Subsection (e-1), all [All]
documents filed with a county clerk and all documents filed with a
district clerk are exempt from this section.
(e-1) A county clerk or district clerk on request of a
person to whom this section applies shall redact information
described by Subsection (b) that relates to the person from any
document the clerk posts on an Internet website.
SECTION 15.11. Section 615.003(a), Local Government Code,
is amended to read as follows:
(a) A county [with a population of 150,000 or more] may
construct, enlarge, equip, and operate a parking lot or parking
garage adjacent to or near the county courthouse.
SECTION 15.12. Section 42.07(b), Penal Code, is amended by
amending Subdivision (1) and adding Subdivision (1-a) to read as
follows:
(1) “Court employee” means an employee whose duties
relate to court administration, including a court clerk, court
coordinator, court administrator, juvenile case manager, law
clerk, or staff attorney. The term does not include a judge.
(1-a) “Electronic communication” means a transfer of
signs, signals, writing, images, sounds, data, or intelligence of
any nature transmitted in whole or in part by a wire, radio,
electromagnetic, photoelectronic, or photo-optical system. The
term includes:
(A) a communication initiated through the use of
electronic mail, instant message, network call, a cellular or other
type of telephone, a computer, a camera, text message, a social
media platform or application, an Internet website, any other
Internet-based communication tool, or facsimile machine; and
(B) a communication made to a pager.
SECTION 15.13. Section 42.07(c), Penal Code, as amended by
S.B. 482, Acts of the 89th Legislature, Regular Session, 2025, and
effective September 1, 2025, is amended to read as follows:
(c) An offense under this section is a Class B misdemeanor,
except that the offense is:
(1) a Class A misdemeanor if:
(A) [(1)] the actor has previously been
convicted under this section;
(B) [(2)] the offense was committed under
Subsection (a)(7) or (8) and:
(i) [(A)] the offense was committed against
a child under 18 years of age with the intent that the child:
(a) [(i)] commit suicide; or
(b) [(ii)] engage in conduct causing
serious bodily injury to the child; or
(ii) [(B)] the actor has previously
violated a temporary restraining order or injunction issued under
Chapter 129A, Civil Practice and Remedies Code; [or]
(C) [(3)] the offense was committed against a
person the actor knows or reasonably should know is an employee or
agent of a utility while the person is performing a duty within the
scope of that employment or agency; or
(D) the offense was committed against a person
the actor knows is a court employee;
(2) a state jail felony if the offense was committed
against a person the actor knows is:
(A) a court employee and the actor has previously
been convicted under this section; or
(B) a judge; and
(3) a felony of the third degree if the offense was
committed against a person the actor knows is a judge and the actor
has previously been convicted under this section.
SECTION 15.14. Section 25.025(a), Tax Code, as amended by
H.B. 1620, S.B. 370, and S.B. 1569, Acts of the 89th Legislature,
Regular Session, 2025, and effective September 1, 2025, is
reenacted and amended to read as follows:
(a) This section applies only to:
(1) a current or former peace officer as defined by
Article 2A.001, Code of Criminal Procedure, and the spouse or
surviving spouse of the peace officer;
(2) the adult child of a current peace officer as
defined by Article 2A.001, Code of Criminal Procedure;
(3) a current or honorably retired county jailer as
defined by Section 1701.001, Occupations Code;
(4) an employee of the Texas Department of Criminal
Justice;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code;
(6) an individual who shows that the individual, the
individual’s child, or another person in the individual’s household
is a victim of family violence as defined by Section 71.004, Family
Code, by providing:
(A) a copy of a protective order issued under
Chapter 85, Family Code, or a magistrate’s order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
or
(B) other independent documentary evidence
necessary to show that the individual, the individual’s child, or
another person in the individual’s household is a victim of family
violence;
(7) an individual who shows that the individual, the
individual’s child, or another person in the individual’s household
is a victim of sexual assault or abuse, stalking, or trafficking of
persons by providing:
(A) a copy of a protective order issued under
Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
magistrate’s order for emergency protection issued under Article
17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence
necessary to show that the individual, the individual’s child, or
another person in the individual’s household is a victim of sexual
assault or abuse, stalking, or trafficking of persons;
(8) a participant in the address confidentiality
program administered by the attorney general under Subchapter B,
Chapter 58, Code of Criminal Procedure, who provides proof of
certification under Article 58.059, Code of Criminal Procedure;
(9) a federal judge, a federal bankruptcy judge, a
marshal of the United States Marshals Service, a state judge, or a
family member of a federal judge, a federal bankruptcy judge, a
marshal of the United States Marshals Service, or a state judge;
(10) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(11) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters;
(12) an officer or employee of a community supervision
and corrections department established under Chapter 76,
Government Code, who performs a duty described by Section 76.004(b)
of that code;
(13) a criminal investigator of the United States as
described by Article 2A.002(a), Code of Criminal Procedure;
(14) a current or honorably retired police officer or
inspector of the United States Federal Protective Service;
(15) a current or former United States attorney,
assistant United States attorney, federal public defender, deputy
federal public defender, or assistant federal public defender and
the spouse and child of the attorney or public defender;
(16) a current or former employee of the office of the
attorney general and a family member of the current or former
employee;
(17) a medical examiner or person who performs
forensic analysis or testing who is employed by this state or one or
more political subdivisions of this state;
(18) a current or former member of the United States
armed forces who has served in an area that the president of the
United States by executive order designates for purposes of 26
U.S.C. Section 112 as an area in which armed forces of the United
States are or have engaged in combat;
(19) a current or former employee of the Texas
Juvenile Justice Department or of the predecessors in function of
the department;
(20) a current or former juvenile probation or
supervision officer certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code;
(21) a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code;
(22) a current or former employee of the Texas Civil
Commitment Office or the predecessor in function of the office or a
division of the office;
(23) a current or former employee of a federal judge or
state judge;
(24) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services or a current or
former employee of a department contractor performing child
protective services caseworker, adult protective services
caseworker, or investigator functions for the contractor on behalf
of the department;
(25) an elected public officer;
(26) a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code;
(27) a customs and border protection officer or border
patrol agent of United States Customs and Border Protection or the
spouse, surviving spouse, or adult child of a customs and border
protection officer or border patrol agent;
(28) a current or former employee or contract staff
member of a university health care provider at a corrections
facility operated by the Texas Department of Criminal Justice or
the Texas Juvenile Justice Department;
(29) a current or former attorney for the Department
of Family and Protective Services;
(30) a member of the governing board of an institution
of higher education or a private or independent institution of
higher education, as those terms are defined by Section 61.003,
Education Code;
(31) the chancellor or other chief executive officer
of a university system, as defined by Section 61.003, Education
Code; [and]
(32) the president or other chief executive officer of
an institution of higher education or a private or independent
institution of higher education, as those terms are defined by
Section 61.003, Education Code;
(33) [(30)] a current or former employee of a public
defender’s office as defined by Article 26.044(a), Code of Criminal
Procedure;
(34) a current or former county clerk, district clerk,
or county and district clerk, or a current or former employee of the
office of a county clerk, district clerk, or county and district
clerk;
(35) a current or former employee whose duties relate
to court administration, including a court clerk, court
coordinator, court administrator, juvenile case manager, law
clerk, or staff attorney;
(36) a current or former employee of the Office of
Court Administration of the Texas Judicial System and entities
administratively attached to the office; and
(37) a current or former employee or commissioner of
the State Commission on Judicial Conduct.
SECTION 15.15. Section 521.121, Transportation Code, is
amended by amending Subsections (a) and (c) and adding Subsection
(c-1) to read as follows:
(a) The driver’s license must include:
(1) a distinguishing number assigned by the department
to the license holder;
(2) a photograph of the entire face of the holder;
(3) the full name and date of birth of the holder;
(4) a brief description of the holder; and
(5) the license holder’s residence address or, for a
license holder using the procedure under Subsection (c):
(A) [,] the street address of the courthouse in
which the license holder or license holder’s spouse or parent:
(i) serves as a federal judge, including a
federal bankruptcy judge, a marshal of the United States Marshals
Service, a United States attorney, or a state judge; or
(ii) performs duties related to court
administration, including a court clerk, court coordinator, court
administrator, juvenile case manager, law clerk, or staff attorney;
or
(B) the office address of the office in which the
license holder or the license holder’s spouse or parent performs
duties as an employee of the office of a county clerk, district
clerk, or county and district clerk, or of the Office of Court
Administration of the Texas Judicial System and entities
administratively attached to the office, or as an employee or
commissioner of the State Commission on Judicial Conduct.
(c) The department shall establish a procedure, on a license
holder’s qualification for or appointment to office as a federal or
state judge as defined by Section 1.005, Election Code, or as a
county clerk, district clerk, or county and district clerk, or as a
federal bankruptcy judge, a marshal of the United States Marshals
Service, [or] a United States attorney, or for a license holder
whose duties relate to court administration, including a court
clerk, court coordinator, court administrator, juvenile case
manager, law clerk, or staff attorney, or as an employee of the
office of a county clerk, district clerk, or county and district
clerk, or of the Office of Court Administration of the Texas
Judicial System and entities administratively attached to the
office, or as an employee or commissioner of the State Commission on
Judicial Conduct, to omit the residence address of the judge, [or]
official, employee, or commissioner and any family member of the
judge, [or] official, employee, or commissioner on the license
holder’s license and to print [include], in lieu of that address,
the street address of the courthouse or office building in which the
license holder or license holder’s spouse or parent serves as a
federal or state judge, [or] official, employee, or commissioner.
(c-1) The residence address of a license holder whose
residence address is omitted using the procedure under Subsection
(c) is confidential and is available only for the official use of
the department or a law enforcement agency.
SECTION 15.16. Section 42.07, Penal Code, as amended by
this article, applies only to an offense committed on or after the
effective date of this Act. An offense committed before that date
is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 15.17. Not later than November 1, 2026, the
Department of Public Safety shall:
(1) review the department’s processes for
implementation of and compliance with Section 521.121,
Transportation Code, as amended by this article; and
(2) submit to the governor, the lieutenant governor,
the speaker of the house of representatives, each member of the
legislature, and the Texas Judicial Council a written report
containing the results of the review, a description of the methods
used to prepare the review, and any recommendations for legislative
or other action.
ARTICLE 16. EFFECTIVE DATE
SECTION 16.01. Except as otherwise provided by a provision
of this Act, this Act takes effect on the 91st day after the last day
of the legislative session.
This Act takes effect January 1, 2024.
_____________________________________
President of the Senate
_____________________________________
Speaker of the House
I certify that H.B. No. 16 was passed by the House on August 25, 2025, by the following vote: Yeas 130, Nays 1, 1 present, not voting.
_____________________________________
Chief Clerk of the House
I certify that H.B. No. 16 was passed by the Senate on August 26, 2025, by the following vote: Yeas 27, Nays 0.
_____________________________________
Secretary of the Senate
APPROVED:
________________
Date
________________
Governor
