By: Leach, et al. (Senate Sponsor - Huffman) H.B. No. 3774
         (In the Senate - Received from the House May 10, 2021;
  May 14, 2021, read first time and referred to Committee on
  Jurisprudence; May 25, 2021, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 5, Nays 0;
  May 25, 2021, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 3774 By:  Huffman
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the operation and administration of and practice and
  procedure related to proceedings in the judicial branch of state
  government.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. DISTRICT COURTS
         SECTION 1.01.  (a) Section 24.129(b), Government Code, is
  amended to read as follows:
         (b)  The 27th, 146th, 169th, 264th, [and] 426th, and 478th
  judicial districts have concurrent jurisdiction in Bell County.
         (b)  Subchapter C, Chapter 24, Government Code, is amended by
  adding Section 24.60022 to read as follows:
         Sec. 24.60022.  478TH JUDICIAL DISTRICT (BELL COUNTY). (a)
  The 478th Judicial District is composed of Bell County.
         (b)  The terms of the 478th District Court begin on the first
  Mondays in January, April, July, and October.
         (c)  Section 24.129, relating to the 27th District Court,
  contains provisions applicable to both that court and the 478th
  District Court.
         (c)  The 478th Judicial District is created on the effective
  date of this Act.
         SECTION 1.02.  (a) Subchapter C, Chapter 24, Government
  Code, is amended by adding Section 24.60027 to read as follows:
         Sec. 24.60027.  482ND JUDICIAL DISTRICT (HARRIS COUNTY).
  The 482nd Judicial District is composed of Harris County.
         (b)  The 482nd Judicial District is created on the effective
  date of this Act.
         SECTION 1.03.  (a)  Effective January 1, 2022, Subchapter C,
  Chapter 24, Government Code, is amended by adding Section 24.60030
  to read as follows:
         Sec. 24.60030.  485TH JUDICIAL DISTRICT (TARRANT COUNTY).
  (a) The 485th Judicial District is composed of Tarrant County.
         (b)  The 485th District Court shall give preference to
  criminal matters.
         (b)  The 485th Judicial District is created on January 1,
  2022.
         SECTION 1.04.  (a) Effective October 1, 2022, Subchapter C,
  Chapter 24, Government Code, is amended by adding Section 24.60025
  to read as follows:
         Sec. 24.60025.  480TH JUDICIAL DISTRICT (WILLIAMSON
  COUNTY).  The 480th Judicial District is composed of Williamson
  County.
         (b)  The 480th Judicial District is created on October 1,
  2022.
         SECTION 1.05.  (a)  Effective January 1, 2022, Subchapter C,
  Chapter 24, Government Code, is amended by adding Section 24.60026
  to read as follows:
         Sec. 24.60026.  481ST JUDICIAL DISTRICT (DENTON COUNTY).  
  The 481st Judicial District is composed of Denton County.
         (b)  The 481st Judicial District is created on January 1,
  2022.
         SECTION 1.06.  (a) Effective September 1, 2022, Subchapter
  C, Chapter 24, Government Code, is amended by adding Section
  24.60028 to read as follows:
         Sec. 24.60028.  483RD JUDICIAL DISTRICT (HAYS COUNTY). The
  483rd Judicial District is composed of Hays County.
         (b)  The 483rd Judicial District is created on September 1,
  2022.
         SECTION 1.07.  (a) Subchapter C, Chapter 24, Government
  Code, is amended by adding Section 24.60029 to read as follows:
         Sec. 24.60029.  484TH JUDICIAL DISTRICT (CAMERON COUNTY).
  (a) The 484th Judicial District is composed of Cameron County.
         (b)  The 484th District Court shall give preference to
  juvenile matters under Title 3, Family Code.
         (b)  The 484th Judicial District is created on the effective
  date of this Act.
         SECTION 1.08.  (a) Effective October 1, 2022, Section
  24.120(b), Government Code, is amended to read as follows:
         (b)  The 19th, 54th, 74th, 170th, [and] 414th, and 474th 
  district courts have concurrent jurisdiction in McLennan County.
         (b)  Effective October 1, 2022, Subchapter C, Chapter 24,
  Government Code, is amended by adding Section 24.60097 to read as
  follows:
         Sec. 24.60097.  474TH JUDICIAL DISTRICT (MCLENNAN COUNTY).
  The 474th Judicial District is composed of McLennan County.
         (c)  The 474th Judicial District is created on October 1,
  2022.
         SECTION 1.09.  (a)  Effective January 1, 2023, Subchapter C,
  Chapter 24, Government Code, is amended by adding Section 24.60098
  to read as follows:
         Sec. 24.60098.  475TH JUDICIAL DISTRICT (SMITH COUNTY). The
  475th Judicial District is composed of Smith County.
         (b)  The 475th Judicial District is created January 1, 2023.
         SECTION 1.10.  (a)  Effective September 1, 2022, Subchapter
  C, Chapter 24, Government Code, is amended by adding Section
  24.60099 to read as follows:
         Sec. 24.60099.  476TH JUDICIAL DISTRICT (HIDALGO COUNTY).
  The 476th Judicial District is composed of Hidalgo County.
         (b)  The 476th Judicial District is created on September 1,
  2022.
  ARTICLE 2.  STATUTORY COUNTY COURTS
         SECTION 2.01.  Section 25.0172(p), Government Code, is
  amended to read as follows:
         (p)  The county clerk shall keep a separate docket for each
  county court at law. The county clerk shall appoint a deputy clerk
  for each county court at law. [An appointment of a deputy clerk of
  County Court at Law No. 2 or 3 takes effect when it is confirmed in
  writing by the judge of the court to which the deputy clerk is
  assigned and the deputy clerk serves at the pleasure of the judge of
  the court to which he is assigned.] A deputy clerk must take the
  constitutional oath of office and may be required to furnish bond in
  an amount, conditioned and payable, as required by the county
  clerk. A deputy clerk must attend all sessions of the court to
  which the deputy clerk [he] is assigned. A deputy clerk acts in the
  name of the county clerk and may perform any official act or service
  required of the county clerk and shall perform any other service
  required by the judge of a county court at law. The deputy clerks
  may act for one another in performing services for the county courts
  at law, but a deputy is not entitled to receive additional
  compensation for acting for another deputy. If a vacancy occurs,
  the county clerk shall immediately appoint another deputy clerk as
  provided by this subsection.  [A deputy clerk of a county court at
  law is entitled to the same amount of compensation as received by
  the deputy clerks of the other county courts at law in Bexar County.
  The commissioners court shall pay the salary of a deputy clerk in
  equal monthly installments from county funds.]
         SECTION 2.02.  Section 25.0173(g), Government Code, is
  amended to read as follows:
         (g)  The county clerk shall appoint a deputy clerk for each
  statutory probate court. [An appointment takes effect when it is
  confirmed in writing by the judge of the court to which the deputy
  clerk is assigned.] A deputy clerk serves at the pleasure of the
  judge of the court to which the deputy clerk is assigned. A deputy
  clerk must take the constitutional oath of office, and the county
  clerk may require the deputy clerk to furnish a bond in an amount,
  conditioned and payable, as required by law. A deputy clerk acts in
  the name of the county clerk and may perform any official act or
  service required of the county clerk and shall perform any other
  service required by the judge of a statutory probate court. A
  deputy clerk must attend all sessions of the court to which the
  deputy clerk [he] is assigned. [A deputy clerk is entitled to
  receive an annual salary set by the judge in an amount that does not
  exceed the amount paid the deputies of the county courts at law of
  Bexar County. The salary shall be paid in equal monthly
  installments as provided by law for the payment of salaries of
  deputy clerks.]
         SECTION 2.03.  (a)  Effective January 1, 2022, Sections
  25.0631(b) and (c), Government Code, are amended to read as
  follows:
         (b)  Denton County has the following statutory probate
  courts:
               (1)  [one statutory probate court, the] Probate Court
  of Denton County; and
               (2)  Probate Court Number 2 of Denton County.
         (c)  The statutory county courts of Denton County sit in the
  county seat or at another location in the county as assigned by the
  local administrative statutory county court judge. The statutory
  probate courts [court] of Denton County sit [sits] in the county
  seat and may conduct docket matters at other locations in the county
  as the statutory probate court judges consider [judge considers]
  necessary for the protection of wards or mental health respondents
  or as otherwise provided by law.
         (b)  Section 25.0632(i), Government Code, is amended to read
  as follows:
         (i)  A judge of a statutory probate court is subject to
  assignment as provided by Section 25.0022.  On request by the judge
  of a Denton County statutory county court, a judge of a statutory
  probate court may be assigned by the regional presiding judge to the
  requesting judge's court pursuant to Chapter 74. A statutory
  probate court judge assigned to a statutory county court by the
  regional presiding judge may hear any matter pending in the
  requesting judge's court.
         (c)  Section 25.0633(e), Government Code, is amended to read
  as follows:
         (e)  The County Court at Law No. 2 of Denton County has
  jurisdiction:
               (1)  over all civil causes and proceedings, original
  and appellate, prescribed by law for county courts; and
               (2)  regardless of the amount in controversy sought,
  over:
                     (A)  eminent domain cases as provided by Section
  21.001, Property Code, for statutory county courts; and
                     (B)  direct and inverse condemnation cases.
         (d)  The Probate Court Number 2 of Denton County is created
  on January 1, 2022.
         SECTION 2.04.  (a)  Effective October 1, 2022, Subchapter C,
  Chapter 25, Government Code, is amended by adding Sections 25.1331
  and 25.1332 to read as follows:
         Sec. 25.1331.  KENDALL COUNTY. Kendall County has one
  statutory county court, the County Court at Law of Kendall County.
         Sec. 25.1332.  KENDALL COUNTY COURT AT LAW PROVISIONS. (a)
  In addition to the jurisdiction provided by Section 25.0003 and
  other law, a county court at law in Kendall County has:
               (1)  concurrent jurisdiction with the district court in
  state jail, third degree, and second degree felony cases on
  assignment from a district judge presiding in Kendall County and
  acceptance of the assignment by the judge of the county court at law
  to:
                     (A)  conduct arraignments;
                     (B)  conduct pretrial hearings;
                     (C)  accept guilty pleas and conduct sentencing;
                     (D)  conduct jury trials and nonjury trials;
                     (E)  conduct probation revocation hearings;
                     (F)  conduct post-trial proceedings; and
                     (G)  conduct family law cases and proceedings; and
               (2)  jurisdiction in:
                     (A)  Class A and Class B misdemeanor cases;
                     (B)  probate proceedings;
                     (C)  disputes ancillary to probate, eminent
  domain, condemnation, or landlord and tenant matters relating to
  the adjudication and determination of land titles and trusts,
  whether testamentary, inter vivos, constructive, resulting, or any
  other class or type of trust, regardless of the amount in
  controversy or the remedy sought;
                     (D)  eminent domain; and
                     (E)  appeals from the justice and municipal
  courts.
         (b)  A judge of a county court at law shall be paid a total
  annual salary set by the commissioners court in an amount that is
  not less than $1,000 less than the annual salary received by a
  district judge with equivalent years of service as a judge, as
  provided under Section 25.0005, to be paid out of the county
  treasury by the commissioners court.
         (c)  The district clerk serves as clerk of a county court at
  law in matters of concurrent jurisdiction with the district court,
  and the county clerk serves as clerk of a county court at law in all
  other matters. Each clerk shall establish a separate docket for a
  county court at law.
         (d)  The official court reporter of a county court at law is
  entitled to receive the same compensation and to be paid in the same
  manner as the court reporters of the district court in Kendall
  County.
         (b)  The County Court at Law of Kendall County is created on
  October 1, 2022.
         SECTION 2.05.  (a) Section 25.1571, Government Code, is
  amended to read as follows:
         Sec. 25.1571.  MCLENNAN COUNTY. McLennan County has the
  following statutory county courts:
               (1)  County Court at Law of McLennan County; [and]
               (2)  County Court at Law No. 2 of McLennan County; and
               (3)  County Court at Law No. 3 of McLennan County.
         (b)  Section 25.1572, Government Code, is amended by
  amending Subsections (a), (d), and (i) and adding Subsections (b),
  (c), and (e) 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 McLennan County has jurisdiction in third
  degree felony cases and jurisdiction to conduct arraignments,
  conduct pretrial hearings, accept guilty pleas, and conduct
  probation revocation hearings in felony cases.
         (b)  On request of a district judge presiding in McLennan
  County, the regional presiding judge may assign a judge of a county
  court at law in McLennan County to the requesting judge's court
  under Chapter 74. A county court at law judge assigned to a
  district court may hear any matter pending in the requesting
  judge's court.
         (c)  A county court at law does not have jurisdiction in:
               (1)  suits on behalf of the state to recover penalties
  or escheated property;
               (2)  misdemeanors involving official misconduct; or
               (3)  contested elections.
         (d)  A judge of a county court at law shall be paid an annual
  base salary set by the commissioners court in an amount not less
  than $1,000 less than the annual base salary the state pays to a
  district judge as set by the General Appropriations Act in
  accordance with Section 659.012 with equivalent years of service as
  the judge [of not more than $20,000]. A county court at law judge's
  and a district judge's annual base salaries do not include
  contributions and supplements paid by the county [Each judge
  receives the same amount as salary. The salary shall be paid out of
  the county treasury by the commissioners court].
         (e)  The district clerk serves as clerk of a county court at
  law in matters of concurrent jurisdiction with the district court.
  The county clerk serves as the clerk of a county court at law in all
  other matters. Each clerk shall establish a separate docket for a
  county court at law.
         (i)  The official court reporter of a county court at law is
  entitled to receive a salary set by the judge of a county court at
  law with the approval of the commissioners court [the same
  compensation and to be paid in the same manner as the court
  reporters of the district courts in McLennan County].
         (c)  The County Court at Law No. 3 of McLennan County is
  created on the effective date of this Act.
         SECTION 2.06.  (a)  Section 25.1721, Government Code, is
  amended to read as follows:
         Sec. 25.1721.  MONTGOMERY COUNTY. Montgomery County has the
  following statutory county courts:
               (1)  County Court at Law No. 1 of Montgomery County;
               (2)  County Court at Law No. 2 of Montgomery County;
               (3)  County Court at Law No. 3 of Montgomery County;
               (4)  County Court at Law No. 4 of Montgomery County;
  [and]
               (5)  County Court at Law No. 5 of Montgomery County;
  and
               (6)  County Court at Law No. 6 of Montgomery County.
         (b)  The County Court at Law No. 6 of Montgomery County is
  created on the effective date of this Act.
         SECTION 2.07.  Sections 25.1972(a) and (b), Government Code,
  are amended to read as follows:
         (a)  In addition to the jurisdiction provided by Section
  25.0003 and other law, and except as limited by Subsection (b), a
  county court at law in Reeves County has:
               (1)  concurrent jurisdiction with the district court:
                     (A)  in disputes ancillary to probate, eminent
  domain, condemnation, or landlord and tenant matters relating to
  the adjudication and determination of land titles and trusts,
  whether testamentary, inter vivos, constructive, resulting, or any
  other class or type of trust, regardless of the amount in
  controversy or the remedy sought;
                     (B)  over civil forfeitures, including surety
  bond forfeitures without minimum or maximum limitation as to the
  amount in controversy or remedy sought;
                     (C)  in all actions by or against a personal
  representative, in all actions involving an inter vivos trust, in
  all actions involving a charitable trust, and in all actions
  involving a testamentary trust, whether the matter is appertaining
  to or incident to an estate;
                     (D)  in proceedings under Title 3, Family Code;
  and
                     (E)  in family law cases and proceedings [any
  proceeding involving an order relating to a child in the possession
  or custody of the Department of Family and Protective Services or
  for whom the court has appointed a temporary or permanent managing
  conservator];
               (2)  jurisdiction in mental health matters, original or
  appellate, provided by law for constitutional county courts,
  statutory county courts, or district courts with mental health
  jurisdiction, including proceedings under:
                     (A)  Chapter 462, Health and Safety Code; and
                     (B)  Subtitles C and D, Title 7, Health and Safety
  Code;
               (3)  jurisdiction over the collection and management of
  estates of minors, persons with a mental illness or intellectual
  disability, and deceased persons; and
               (4)  jurisdiction in all cases assigned, transferred,
  or heard under Sections 74.054, 74.059, and 74.094.
         (b)  A county court at law does not have jurisdiction of:
               (1)  felony cases, except as otherwise provided by law;
               (2)  misdemeanors involving official misconduct unless
  assigned under Sections 74.054 and 74.059; or
               (3)  contested elections[; or
               [(4)  except as provided by Subsections (a)(1)(D) and
  (E), family law cases].
         SECTION 2.08.  (a)  Effective January 1, 2023, Section
  25.2071(a), Government Code, is amended to read as follows:
         (a)  San Patricio County has the following [one] statutory
  county courts:
               (1)  [court,] the County Court at Law of San Patricio
  County; and
               (2)  the County Court at Law No. 2 of San Patricio
  County.
         (b)  Effective January 1, 2023, Section 25.2072, Government
  Code, is amended by amending Subsections (a), (d), and (m) and
  adding Subsections (g-1) and (g-2) to read as follows:
         (a)  In addition to the jurisdiction provided by Section
  25.0003 and other law, a county court at law in San Patricio County
  has concurrent jurisdiction with the district court except that a
  county court at law does not have jurisdiction of:
               (1)  felony criminal matters; and
               (2)  civil cases in which the matter in controversy
  exceeds the maximum amount provided by Section 25.0003 [in matters
  involving the juvenile and child welfare law of this state].
         (d)  [The judge of a county court at law shall be paid an
  annual salary in an amount of not less than $43,000.] The judge of a
  county court at law is entitled to receive travel and necessary
  office expenses, including administrative and clerical assistance.
         (g-1)  The county clerk serves as clerk of a county court at
  law except in family law cases. In family law cases, including
  juvenile and child welfare cases, the district clerk serves as
  clerk of a county court at law. The district clerk shall establish
  a separate family law docket for each county court at law.
         (g-2)  The commissioners court shall provide the deputy
  clerks, bailiffs, and other personnel necessary to operate the
  county courts at law.
         (m)  The judge of the county court and the judges [judge] of
  the [a] county courts [court] at law may agree on a plan governing
  the filing, numbering, and docketing of cases within the concurrent
  jurisdiction of their courts and the assignment of those cases for
  trial. The plan may provide for the centralized institution and
  filing of all such cases with one court, clerk, or coordinator
  designated by the plan and for the systemized assignment of those
  cases to the courts participating in the plan, and the provisions of
  the plan for the centralized filing and assignment of cases shall
  control notwithstanding any other provisions of this section. If
  the judges of the county court and the county courts [court] at law
  are unable to agree on a filing, docketing, and assignment of cases
  plan, a board of judges composed of the district judges and the
  county court at law judges for San Patricio County [the presiding
  judge of the 36th Judicial District] shall design a plan for the
  [both] courts.
         (c)  The County Court at Law No. 2 of San Patricio County is
  created January 1, 2023.
         SECTION 2.09.  Effective January 1, 2023, Section
  25.2223(l), Government Code, is amended to read as follows:
         (l)  The County Criminal Court No. 5 of Tarrant County and
  the County Criminal Court No. 6 of Tarrant County shall give
  preference to cases brought under Title 5, Penal Code, involving
  family violence as defined by Section 71.004, Family Code, and
  cases brought under Sections 25.07, 25.072, and 42.072, Penal Code.
         SECTION 2.10.  (a)  Effective October 1, 2022, Section
  25.2481, Government Code, is amended to read as follows:
         Sec. 25.2481.  WILLIAMSON COUNTY. Williamson County has the
  following statutory county courts:
               (1)  County Court at Law No. 1 of Williamson County;
               (2)  County Court at Law No. 2 of Williamson County;
               (3)  County Court at Law No. 3 of Williamson County;
  [and]
               (4)  County Court at Law No. 4 of Williamson County;
  and
               (5)  County Court at Law No. 5 of Williamson County.
         (b)  The County Court at Law No. 5 of Williamson County is
  created on October 1, 2022.
  ARTICLE 3. JUSTICE AND MUNICIPAL COURTS
         SECTION 3.01.  Subchapter B, Chapter 45, Code of Criminal
  Procedure, is amended by adding Article 45.0241 to read as follows:
         Art. 45.0241.  ACCEPTANCE OF DEFENDANT'S PLEA. A justice or
  judge may not accept a plea of guilty or plea of nolo contendere
  from a defendant in open court unless it appears to the justice or
  judge that the defendant is mentally competent and the plea is free
  and voluntary.
         SECTION 3.02.  Section 292.001(d), Local Government Code, is
  amended to read as follows:
         (d)  A justice of the peace court may not be housed or
  conducted in a building located outside the court's precinct except
  as provided by Section 27.051(f) or 27.0515, Government Code, or
  unless the justice of the peace court is situated in the county
  courthouse in a county with a population of at least 305,000
  [275,000] persons and the county seat of which is located in the
  Llano Estacado region of this state [but no more than 285,000
  persons].
  ARTICLE 4. JUVENILE JUSTICE AND FAMILY COURTS
         SECTION 4.01.  Section 51.02, Family Code, is amended by
  adding Subdivision (3-a) to read as follows:
               (3-a)  "Dual status child" means a child who has been
  referred to the juvenile justice system and is:
                     (A)  in the temporary or permanent managing
  conservatorship of the Department of Family and Protective
  Services;
                     (B)  the subject of a case for which family-based
  safety services have been offered or provided by the department;
                     (C)  an alleged victim of abuse or neglect in an
  open child protective investigation; or
                     (D)  a victim in a case in which, after an
  investigation, the department concluded there was reason to believe
  the child was abused or neglected.
         SECTION 4.02.  Section 51.04(h), Family Code, is amended to
  read as follows:
         (h)  A judge exercising jurisdiction over a child in a suit
  instituted under Subtitle E, Title 5, may refer any aspect of a suit
  involving a dual status [the] child that is instituted under this
  title to the appropriate associate judge appointed under Subchapter
  C, Chapter 201, serving in the county and exercising jurisdiction
  over the child under Subtitle E, Title 5, if the associate judge
  consents to the referral. The scope of an associate judge's
  authority over a suit referred under this subsection is subject to
  any limitations placed by the court judge in the order of referral.
         SECTION 4.03.  Section 51.0414(a), Family Code, is amended
  to read as follows:
         (a)  The juvenile court may transfer a dual status child's
  case, including transcripts of records and documents for the case,
  to a district or statutory county court located in another county
  that is exercising jurisdiction over the child in a suit instituted
  under Subtitle E, Title 5. A case may only be transferred under this
  section with the consent of the judge of the court to which the case
  is being transferred.
         SECTION 4.04.  Sections 107.004(d) and (e), Family Code, are
  amended to read as follows:
         (d)  Except as provided by Subsection (e), an attorney ad
  litem appointed for a child in a proceeding under Chapter 262, [or]
  263, or 264 shall:
               (1)  meet before each court hearing with:
                     (A)  the child, if the child is at least four years
  of age; or
                     (B)  the individual with whom the child ordinarily
  resides, including the child's parent, conservator, guardian,
  caretaker, or custodian, if the child is younger than four years of
  age; and
               (2)  report to the court whether [if the child or
  individual is not present at the court hearing, file a written
  statement with the court indicating that] the attorney ad litem:
                     (A)  complied with Subdivision (1); or
                     (B)  requests that the court find good cause for
  noncompliance because compliance was not feasible or in the best
  interest of the child under Subsection (e).
         (e)  An attorney ad litem appointed for a child in a
  proceeding under Chapter 262, [or] 263, or 264 is not required to
  comply with Subsection (d) before a hearing if the court finds at
  that hearing that the attorney ad litem has shown good cause why the
  attorney ad litem's compliance with that subsection is not feasible
  or in the best interest of the child.  Additionally, a court may, on
  a showing of good cause, authorize an attorney ad litem to comply
  with Subsection (d) by conferring with the child or other
  individual, as appropriate, by telephone or video conference.
  ARTICLE 5. MAGISTRATES AND MAGISTRATE COURTS
         SECTION 5.01.  Article 4.01, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 4.01.  WHAT COURTS HAVE CRIMINAL JURISDICTION. The
  following courts have jurisdiction in criminal actions:
               1.  The Court of Criminal Appeals;
               2.  Courts of appeals;
               3.  The district courts;
               4.  The criminal district courts;
               5.  The magistrates appointed by the judges of the
  district courts of Bexar County, Dallas County, Tarrant County, or
  Travis County that give preference to criminal cases and the
  magistrates appointed by the judges of the criminal district courts
  of Dallas County or Tarrant County;
               6.  The county courts;
               7.  All county courts at law with criminal
  jurisdiction;
               8.  County criminal courts;
               9.  Justice courts;
               10.  Municipal courts;
               11.  The magistrates appointed by the judges of the
  district courts of Lubbock County; [and]
               12.  The magistrates appointed by the El Paso Council
  of Judges;
               13.  The magistrates appointed by the Collin County
  Commissioners Court;
               14.  The magistrates appointed by the Brazoria County
  Commissioners Court or the local administrative judge for Brazoria
  County; and
               15.  The magistrates appointed by the judges of the
  district courts of Tom Green County.
         SECTION 5.02.  Section 54.1502, Government Code, is amended
  to read as follows:
         Sec. 54.1502.  JURISDICTION. A magistrate has concurrent
  criminal jurisdiction with:
               (1)  the judges of the justice of the peace courts of
  Burnet County; and
               (2)  a municipal court in Burnet County, if approved by
  a memorandum of understanding between the municipality and Burnet
  County.
         SECTION 5.03.  Chapter 54, Government Code, is amended by
  adding Subchapter PP to read as follows:
  SUBCHAPTER PP. BRAZORIA COUNTY CRIMINAL LAW MAGISTRATE COURT
         Sec. 54.2501.  CREATION. The Brazoria County Criminal Law
  Magistrate Court is a court with the jurisdiction provided by this
  subchapter.
         Sec. 54.2502.  APPOINTMENT. (a) On recommendation from the
  local administrative judge, the commissioners court of Brazoria
  County may appoint one or more full- or part-time judges to preside
  over the criminal law magistrate court for the term determined by
  the commissioners court.  The local administrative judge shall
  appoint one or more full- or part-time judges to preside over the
  criminal law magistrate court if the commissioners court is
  prohibited by law from appointing a judge.
         (b)  To be eligible for appointment as a judge of the
  criminal law magistrate court, a person must meet all the
  requirements and qualifications to serve as a district court judge.
         (c)  A judge of the criminal law magistrate court is entitled
  to the salary set by the commissioners court. The salary may not be
  less than the annual base salary paid to a district judge under
  Chapter 659.
         (d)  A judge appointed under this section serves at the
  pleasure of the commissioners court or the local administrative
  judge, as applicable.
         Sec. 54.2503.  JURISDICTION. (a) Except as provided by this
  subsection, the criminal law magistrate court has the criminal
  jurisdiction provided by the constitution and laws of this state
  for county courts at law.  The criminal law magistrate court does
  not have jurisdiction to:
               (1)  hear a trial of a misdemeanor offense, other than a
  Class C misdemeanor, on the merits if a jury trial is demanded; or
               (2)  hear a trial of a misdemeanor, other than a Class C
  misdemeanor, on the merits if a defendant pleads not guilty.
         (b)  The criminal law magistrate court has the jurisdiction
  provided by the constitution and laws of this state for
  magistrates. A judge of the criminal law magistrate court is a
  magistrate as that term is defined by Article 2.09, Code of Criminal
  Procedure.
         (c)  Except as provided by this subsection, the criminal law
  magistrate court has the criminal jurisdiction provided by the
  constitution and laws of this state for a district court.  The
  criminal law magistrate court does not have jurisdiction to:
               (1)  hear a trial of a felony offense on the merits if a
  jury trial is demanded;
               (2)  hear a trial of a felony offense on the merits if a
  defendant pleads not guilty;
               (3)  sentence in a felony case unless the judge in whose
  court the case is pending assigned the case to the criminal law
  magistrate court for a guilty plea and sentence; or
               (4)  hear any part of a capital murder case after
  indictment.
         (d)  A criminal law magistrate court may not issue writs of
  habeas corpus in felony cases but may hear and grant relief on a
  writ of habeas corpus issued by a district court and assigned by the
  district court to the criminal law magistrate court.
         (e)  A felony or misdemeanor indictment or information may
  not be filed in or transferred to the criminal law magistrate court.
         (f)  A judge of the criminal law magistrate court shall
  exercise jurisdiction granted by this subchapter over felony and
  misdemeanor indictments and informations only as judge presiding
  for the court in which the indictment or information is pending and
  under the limitations set out in the assignment order by the
  assigning court or as provided by local administrative rules.
         (g)  The criminal law magistrate court has concurrent
  criminal jurisdiction with the justice courts located in Brazoria
  County.
         Sec. 54.2504.  POWERS AND DUTIES. (a) The criminal law
  magistrate court or a judge of the criminal law magistrate court may
  issue writs of injunction and all other writs necessary for the
  enforcement of the jurisdiction of the court and may issue
  misdemeanor writs of habeas corpus in cases in which the offense
  charged is within the jurisdiction of the court or of any other
  court of inferior jurisdiction in the county. The court and the
  judge may punish for contempt as provided by law for district
  courts. A judge of the criminal law magistrate court has all other
  powers, duties, immunities, and privileges provided by law for:
               (1)  justices of the peace when acting in a Class C
  misdemeanor case;
               (2)  county court at law judges when acting in a Class A
  or Class B misdemeanor case; and
               (3)  district court judges when acting in a felony
  case.
         (b)  A judge of the criminal law magistrate court may hold an
  indigency hearing and a capias pro fine hearing. When acting as the
  judge who issued the capias pro fine, a judge of the criminal law
  magistrate court may make all findings of fact and conclusions of
  law required of the judge who issued the capias pro fine. In
  conducting a hearing under this subsection, the judge of the
  criminal law magistrate court is empowered to make all findings of
  fact and conclusions of law and to issue all orders necessary to
  properly dispose of the capias pro fine or indigency hearing in
  accordance with the provisions of the Code of Criminal Procedure
  applicable to a misdemeanor or felony case of the same type and
  level.
         (c)  A judge of the magistrate court may accept a plea of
  guilty or nolo contendere from a defendant charged with a
  misdemeanor or felony offense.
         Sec. 54.2505.  TRANSFER AND ASSIGNMENT OF CASES. (a) Except
  as provided by Subsection (b) or local administrative rules, the
  local administrative judge or a judge of the criminal law
  magistrate court may transfer between courts a case that is pending
  in the court of any magistrate in the criminal law magistrate
  court's jurisdiction if the case is:
               (1)  an unindicted felony case;
               (2)  a Class A or Class B misdemeanor case if an
  information has not been filed; or
               (3)  a Class C misdemeanor case.
         (b)  A case may not be transferred from or to the magistrate
  docket of a district court judge, county court at law judge, or
  justice of the peace without the consent of the judge of the court
  to which it is transferred.
         (c)  Except as provided by Subsection (d) or local
  administrative rules, the local administrative judge may assign a
  judge of the criminal law magistrate court to act as presiding judge
  in a case that is pending in the court of any magistrate in the
  criminal law magistrate court's jurisdiction if the case is:
               (1)  an unindicted felony case;
               (2)  a Class A or Class B misdemeanor case if an
  information has not been filed; or
               (3)  a Class C misdemeanor case.
         (d)  A case may not be assigned to a district court judge,
  county court at law judge, or justice of the peace without the
  assigned judge's consent.
         (e)  This section applies only to the district courts, county
  courts at law, and justice courts in the county.
         Sec. 54.2506.  PROCEEDING THAT MAY BE REFERRED. A district
  judge, county court at law judge, or justice of the peace may refer
  to a judge of the criminal law magistrate court any criminal case or
  matter relating to a criminal case for any proceeding other than
  presiding over a criminal trial on the merits, whether or not the
  trial is before a jury.
         Sec. 54.2507.  OATH OF OFFICE. A judge of the criminal law
  magistrate court must take the constitutional oath of office
  prescribed for appointed officers.
         Sec. 54.2508.  JUDICIAL IMMUNITY. A judge of the criminal
  law magistrate court has the same judicial immunity as a district
  judge.
         Sec. 54.2509.  CLERK. The clerk of a district court or
  county court at law that refers a proceeding to a magistrate under
  this subchapter shall perform the statutory duties necessary for
  the magistrate to perform the duties authorized by this subchapter.
         Sec. 54.2510.  SHERIFF. The county sheriff, either in
  person or by deputy, shall attend the criminal law magistrate court
  as required by the judge of that court.
         Sec. 54.2511.  WITNESSES. (a) A witness who is sworn and who
  appears before a magistrate is subject to the penalties for perjury
  and aggravated perjury provided by law. 
         (b)  A referring court may fine or imprison a witness or
  other court participant for failure to appear after being summoned,
  refusal to answer questions, or other acts of direct contempt
  before a magistrate.
         SECTION 5.04.  Chapter 54, Government Code, is amended by
  adding Subchapter QQ to read as follows:
  SUBCHAPTER QQ.  CRIMINAL LAW MAGISTRATES IN TOM GREEN COUNTY
         Sec. 54.2601.  APPOINTMENT. (a)  The judges of the district
  courts of Tom Green County, with the consent and approval of the
  commissioners court of Tom Green County, shall jointly appoint the
  number of magistrates set by the commissioners court to perform the
  duties authorized by this subchapter.
         (b)  Each magistrate's appointment must be made with the
  approval of at least two-thirds of all the judges described in
  Subsection (a).
         (c)  If the number of magistrates is less than the number of
  district judges, each magistrate shall serve equally in the courts
  of those judges.
         Sec. 54.2602.  QUALIFICATIONS. To be eligible for
  appointment as a magistrate, a person must:
               (1)  be a resident of this state; and
               (2)  have been licensed to practice law in this state
  for at least four years.
         Sec. 54.2603.  COMPENSATION. (a)  A full-time magistrate is
  entitled to the salary determined by the commissioners court of Tom
  Green County.  The salary may not be less than an amount equal to the
  salary, supplements, and allowances paid to a justice of the peace
  of Tom Green County as set by the annual budget of Tom Green County.
         (b)  A magistrate's salary is paid from the county fund
  available for payment of officers' salaries.
         (c)  The salary of a part-time magistrate is equal to the
  per-hour salary of a full-time magistrate.  The per-hour salary is
  determined by dividing the annual salary by a 2,080 work-hour year.  
  The judges of the courts trying criminal cases in Tom Green County
  shall approve the number of hours for which a part-time magistrate
  is to be paid.
         Sec. 54.2604.  JUDICIAL IMMUNITY. A magistrate has the same
  judicial immunity as a district judge.
         Sec. 54.2605.  TERMINATION OF SERVICES. (a)  A magistrate
  who serves a single court serves at the will of the judge.
         (b)  The services of a magistrate who serves more than one
  court may be terminated by a majority vote of all the judges whom
  the magistrate serves.
         Sec. 54.2606.  PROCEEDING THAT MAY BE REFERRED. (a)  A judge
  may refer to a magistrate any criminal case or matter relating to a
  criminal case for proceedings involving:
               (1)  a negotiated plea of guilty or no contest and
  sentencing before the court;
               (2)  a bond forfeiture, remittitur, and related
  proceedings;
               (3)  a pretrial motion;
               (4)  a writ of habeas corpus;
               (5)  an examining trial;
               (6)  an occupational driver's license;
               (7)  a petition for an order of expunction under
  Chapter 55, Code of Criminal Procedure;
               (8)  an asset forfeiture hearing as provided by Chapter
  59, Code of Criminal Procedure;
               (9)  a petition for an order of nondisclosure of
  criminal history record information or an order of nondisclosure of
  criminal history record information that does not require a
  petition provided by Subchapter E-1, Chapter 411;
               (10)  a motion to modify or revoke community
  supervision or to proceed with an adjudication of guilty;
               (11)  setting conditions, modifying, revoking, and
  surrendering of bonds, including surety bonds;
               (12)  specialty court proceedings;
               (13)  a waiver of extradition; and
               (14)  any other matter the judge considers necessary
  and proper.
         (b)  A judge may refer to a magistrate a civil case arising
  out of Chapter 59, Code of Criminal Procedure, for any purpose
  authorized by that chapter, including issuing orders, accepting
  agreed judgments, enforcing judgments, and presiding over a case on
  the merits if a party has not requested a jury trial.
         (c)  A magistrate may accept a plea of guilty from a
  defendant charged with misdemeanor, felony, or both misdemeanor and
  felony offenses.
         (d)  A magistrate may select a jury. A magistrate may not
  preside over a criminal trial on the merits, whether or not the
  trial is before a jury.
         (e)  A magistrate may not hear a jury trial on the merits of a
  bond forfeiture.
         (f)  A judge of a designated juvenile court may refer to a
  magistrate any proceeding over which a juvenile court has exclusive
  original jurisdiction under Title 3, Family Code, including any
  matter ancillary to the proceeding.
         Sec. 54.2607.  ORDER OF REFERRAL. (a)  To refer one or more
  cases to a magistrate, a judge must issue an order of referral
  specifying the magistrate's duties.
         (b)  An order of referral may:
               (1)  limit the powers of the magistrate and direct the
  magistrate to report only on specific issues, perform particular
  acts, or only receive and report on evidence;
               (2)  set the time and place for the hearing;
               (3)  prescribe a closing date for the hearing;
               (4)  provide a date for filing the magistrate's
  findings;
               (5)  designate proceedings for more than one case over
  which the magistrate shall preside;
               (6)  direct the magistrate to call the court's docket;
  and
               (7)  provide the general powers and limitations of
  authority of the magistrate applicable to any case referred.
         Sec. 54.2608.  POWERS. (a)  Except as limited by an order of
  referral, a magistrate to whom a case is referred may:
               (1)  conduct hearings;
               (2)  hear evidence;
               (3)  compel production of relevant evidence;
               (4)  rule on admissibility of evidence;
               (5)  issue summons for the appearance of witnesses;
               (6)  examine witnesses;
               (7)  swear witnesses for hearings;
               (8)  make findings of fact on evidence;
               (9)  formulate conclusions of law;
               (10)  rule on a pretrial motion;
               (11)  recommend the rulings, orders, or judgment to be
  made in a case;
               (12)  regulate proceedings in a hearing;
               (13)  accept a plea of guilty from a defendant charged
  with misdemeanor, felony, or both misdemeanor and felony offenses;
               (14)  select a jury;
               (15)  accept a negotiated plea on probation revocation;
               (16)  conduct a contested probation revocation
  hearing;
               (17)  sign a dismissal in a misdemeanor case;
               (18)  in any case referred under Section 54.656(a)(1),
  accept a negotiated plea of guilty or no contest and:
                     (A)  enter a finding of guilty and impose or
  suspend the sentence; or
                     (B)  defer adjudication of guilty; and
               (19)  perform any act and take any measure necessary
  and proper for the efficient performance of the duties required by
  the order of referral.
         (b)  A magistrate may sign a motion to dismiss submitted by
  an attorney representing the state on cases referred to the
  magistrate, or on dockets called by the magistrate, and may
  consider adjudicated cases at sentencing under Section 12.45, Penal
  Code.
         (c)  A magistrate has all the powers of a magistrate under
  the laws of this state and may administer an oath for any purpose.
         Sec. 54.2609.  COURT REPORTER. At the request of a party in
  a felony case, the court shall provide a court reporter to record
  the proceedings before the magistrate.
         Sec. 54.2610.  WITNESS. (a)  A witness who appears before a
  magistrate and is sworn is subject to the penalties for perjury
  provided by law.
         (b)  A referring court may issue attachment against and may
  fine or imprison a witness whose failure to appear after being
  summoned or whose refusal to answer questions has been certified to
  the court.
         Sec. 54.2611.  PAPERS TRANSMITTED TO JUDGE. At the
  conclusion of the proceedings, a magistrate shall transmit to the
  referring court any papers relating to the case, including the
  magistrate's findings, conclusions, orders, recommendations, or
  other action taken.
         Sec. 54.2612.  JUDICIAL ACTION. (a)  A referring court may
  modify, correct, reject, reverse, or recommit for further
  information any action taken by the magistrate.
         (b)  If the court does not modify, correct, reject, reverse,
  or recommit an action of the magistrate, the action becomes the
  decree of the court.
         (c)  At the conclusion of each term during which the services
  of a magistrate are used, the referring court shall enter a decree
  on the minutes adopting the actions of the magistrate of which the
  court approves.
         Sec. 54.2613.  MAGISTRATE. (a) If a magistrate appointed
  under this subchapter is absent or unable to serve, the judge
  referring the case may appoint another magistrate to serve for the
  absent magistrate.
         (b)  A magistrate serving for another magistrate under this
  section has the powers and shall perform the duties of the
  magistrate for whom the magistrate is serving.
         Sec. 54.2614.  CLERK. The clerk of a district court that
  refers a proceeding to a magistrate under this subchapter shall
  perform the statutory duties necessary for the magistrate to
  perform the duties authorized by this subchapter.
         SECTION 5.05.  Section 54.653(b), Government Code, is
  repealed.
  ARTICLE 6.  ELECTRONIC FILING SYSTEM
         SECTION 6.01.  Section 72.031(a), Government Code, is
  amended by adding Subdivision (5) to read as follows:
               (5)  "State court document database" means a database
  accessible by the public and established or authorized by the
  supreme court for storing documents filed with a court in this
  state.
         SECTION 6.02.  Section 72.031(b), Government Code, is
  amended to read as follows:
         (b)  The office as authorized by supreme court rule or order
  may:
               (1)  implement an electronic filing system for use in
  the courts of this state;
               (2)  allow public access to view information or
  documents in the state court document database; and
               (3)  charge a reasonable fee for additional optional
  features in the state court document database.
  ARTICLE 7.  TRANSFER OF CASES
         SECTION 7.01.  Section 155.207, Family Code, is amended to
  read as follows:
         Sec. 155.207.  TRANSFER OF COURT FILES. (a)  Not later than
  the 10th working day after the date an order of transfer is signed,
  the clerk of the court transferring a proceeding shall send, using
  the electronic filing system established under Section 72.031,
  Government Code, to the proper court in the county to which transfer
  is being made:
               (1)  a transfer certificate and index of transferred
  documents [the pleadings in the pending proceeding and any other
  document specifically requested by a party];
               (2)  [certified copies of all entries in the minutes;
               [(3)]  a [certified] copy of each final order;
               (3)  [and
               [(4)]  a [certified] copy of the order of transfer
  signed by the transferring court;
               (4)  a copy of the original papers filed in the
  transferring court;
               (5)  a copy of the transfer certificate and index of
  transferred documents from each previous transfer; and
               (6)  a bill of any costs that have accrued in the
  transferring court.
         (a-1)  The clerk of the transferring court shall use the
  standardized transfer certificate and index of transferred
  documents form created by the Office of Court Administration of the
  Texas Judicial System under Section 72.037, Government Code, when
  transferring a proceeding under this section.
         (b)  The clerk of the transferring court shall keep a copy of
  [the] transferred pleadings [and other requested documents.  If the
  transferring court retains jurisdiction of another child who was
  the subject of the suit, the clerk shall send a copy of the
  pleadings and other requested documents to the court to which the
  transfer is made and shall keep the original pleadings and other
  requested documents].
         (c)  The [On receipt of the pleadings, documents, and orders
  from the transferring court, the] clerk of the transferee court
  shall:
               (1)  accept documents transferred under Subsection
  (a);
               (2)  docket the suit; and
               (3)  [shall] notify, using the electronic filing system
  established under Section 72.031, Government Code [the judge of the
  transferee court], all parties, the clerk of the transferring
  court, and, if appropriate, the transferring court's local registry
  that the suit has been docketed.
         (c-1)  The clerk of the transferee court shall physically or
  electronically mark or stamp the transfer certificate and index of
  transferred documents to evidence the date and time of acceptance
  under Subsection (c), but may not physically or electronically mark
  or stamp any other document transferred under Subsection (a).
         (d)  The clerk of the transferring court shall send a
  certified copy of the order directing payments to the transferee
  court:
               (1)  [,] to any party [or employer] affected by the
  [that] order, and, if appropriate, to the local registry of the
  transferee court using the electronic filing system established
  under Section 72.031, Government Code; and
               (2)  to an employer affected by the order
  electronically or by first class mail.
         (e)  The clerks of both the transferee and transferring
  courts may each produce under Chapter 51, Government Code,
  certified or uncertified copies of documents filed in a case
  transferred under this section, but shall also include a copy of the
  transfer certificate and index of transferred documents with each
  document produced.
         (f)  Sections 80.001 and 80.002, Government Code, do not
  apply to the transfer of documents under this section.
         SECTION 7.02.  Section 51.3071, Government Code, is amended
  to read as follows:
         Sec. 51.3071.  TRANSFER OF CASES.  (a) If a case is
  transferred from a district court to a county court, the clerk of
  the district court shall [may] send to the county clerk using the
  electronic filing system established under Section 72.031 [in
  electronic or paper form]:
               (1)  a transfer certificate and index of transferred
  documents [certified transcript of the proceedings held in the
  district court];
               (2)  a copy of the original papers filed in the
  transferring [district] court; [and]
               (3)  a copy of the order of transfer signed by the
  transferring court;
               (4)  a copy of each final order;
               (5)  a copy of the transfer certificate and index of
  transferred documents from each previous transfer; and
               (6)  a bill of any [the] costs that have accrued in the
  transferring [district] court.
         (b)  The clerk of the transferring court shall use the
  standardized transfer certificate and index of transferred
  documents form created by the Office of Court Administration of the
  Texas Judicial System under Section 72.037 when transferring a case
  under this section.
         (c)  The clerk of the transferee court shall accept documents
  transferred under Subsection (a) and docket the case.
         (d)  The clerk of the transferee court shall physically or
  electronically mark or stamp the transfer certificate and index of
  transferred documents to evidence the date and time of acceptance
  under Subsection (c), but may not physically or electronically mark
  or stamp any other document transferred under Subsection (a).
         (e)  Sections 80.001 and 80.002 do not apply to the transfer
  of documents under this section.
         SECTION 7.03.  Section 51.403, Government Code, is amended
  to read as follows:
         Sec. 51.403.  TRANSFER OF CASES. (a)  If a case is
  transferred from a county court to a district court, the clerk of
  the county court shall send to the district clerk using the
  electronic filing system established under Section 72.031 [in
  electronic or paper form]:
               (1)  a transfer certificate and index of transferred
  documents [certified transcript of the proceedings held in the
  county court];
               (2)  a copy of the original papers filed in the
  transferring [county] court; [and]
               (3)  a copy of the order of transfer signed by the
  transferring court;
               (4)  a copy of each final order;
               (5)  a copy of the transfer certificate and index of
  transferred documents from each previous transfer; and
               (6)  a bill of any [the] costs that have accrued in the
  transferring [county] court.
         (a-1)  The clerk of the transferring court shall use the
  standardized transfer certificate and index of transferred
  documents form created by the Office of Court Administration of the
  Texas Judicial System under Section 72.037 when transferring a case
  under this section.
         (a-2)  The clerk of the transferee court shall accept
  documents transferred under Subsection (a) and docket the case.
         (a-3)  The clerk of the transferee court shall physically or
  electronically mark or stamp the transfer certificate and index of
  transferred documents to evidence the date and time of acceptance
  under Subsection (a-2), but may not physically or electronically
  mark or stamp any other document transferred under Subsection (a).
         (b)  If civil or criminal jurisdiction of a county court is
  transferred to a district court, the clerk of the county court shall
  send using the electronic filing system established under Section
  72.031 a certified copy of the judgments rendered in the county
  court that remain unsatisfied[, in electronic or paper form,] to
  the district clerks of the appropriate counties.
         (c)  Sections 80.001 and 80.002 do not apply to the transfer
  of documents under this section.
         SECTION 7.04.  Subchapter C, Chapter 72, Government Code, is
  amended by adding Section 72.037 to read as follows:
         Sec. 72.037.  TRANSFER CERTIFICATE AND INDEX OF TRANSFERRED
  DOCUMENTS FORM. (a) The office shall develop and make available a
  standardized transfer certificate and an index of transferred
  documents form to be used for the transfer of cases and proceedings
  under Section 155.207, Family Code, and Sections 51.3071 and 51.403
  of this code.
         (b)  In developing a form under this section, the office
  shall consult with representatives of county and district clerks.
         SECTION 7.05.  As soon as practicable after the effective
  date of this Act, the Office of Court Administration of the Texas
  Judicial System shall adopt rules and develop and make available
  all forms and materials required by Section 72.037, Government
  Code, as added by this Act.
  ARTICLE 8.  HABEAS CORPUS
         SECTION 8.01.  Section 3(b), Article 11.07, Code of Criminal
  Procedure, is amended to read as follows:
         (b)  An application for writ of habeas corpus filed after
  final conviction in a felony case, other than a case in which the
  death penalty is imposed, must be filed with the clerk of the court
  in which the conviction being challenged was obtained, and the
  clerk shall assign the application to that court. When the
  application is received by that court, a writ of habeas corpus,
  returnable to the Court of Criminal Appeals, shall issue by
  operation of law. The clerk of that court shall make appropriate
  notation thereof, assign to the case a file number (ancillary to
  that of the conviction being challenged), and forward a copy of the
  application by certified mail, return receipt requested, by secure
  electronic mail, or by personal service to the attorney
  representing the state in that court, who shall answer the
  application not later than the 30th [15th] day after the date the
  copy of the application is received. Matters alleged in the
  application not admitted by the state are deemed denied.
         SECTION 8.02.  Section 5(a), Article 11.072, Code of
  Criminal Procedure, is amended to read as follows:
         (a)  Immediately on filing an application, the applicant
  shall serve a copy of the application on the attorney representing
  the state[,] by:
               (1)  [either] certified mail, return receipt
  requested;
               (2)  [, or] personal service;
               (3)  electronic service through the electronic filing
  manager authorized by Rule 21, Texas Rules of Civil Procedure; or
               (4)  a secure electronic transmission to the attorney's
  e-mail address filed with the electronic filing system as required
  under Section 80.003, Government Code.
         SECTION 8.03.  Section 3(b), Article 11.07, Code of Criminal
  Procedure, as amended by this Act, applies only to an application
  for a writ of habeas corpus filed on or after the effective date of
  this Act. An application filed before the effective date of this
  Act is governed by the law in effect on the date the application was
  filed, and the former law is continued in effect for that purpose.
         SECTION 8.04.  Section 5(a), Article 11.072, Code of
  Criminal Procedure, as amended by this Act, applies only to an
  application for a writ of habeas corpus filed on or after the
  effective date of this Act.  An application filed before the
  effective date of this Act is governed by the law in effect when the
  application was filed, and the former law is continued in effect for
  that purpose.
  ARTICLE 9. PUBLICATION OF CITATION FOR RECEIVERSHIP
         SECTION 9.01.  Section 64.101(c), Civil Practice and
  Remedies Code, is amended to read as follows:
         (c)  Except as provided by Section 17.032, the [The] citation
  shall be published on the public information Internet website
  maintained as required by Section 72.034, Government Code, as added
  by Chapter 606 (S.B. 891), Acts of the 86th Legislature, Regular
  Session, 2019, and in a newspaper of general circulation:
               (1)  once in the county in which the missing person
  resides; and
               (2)  once in each county in which property of the
  missing person's estate is located.
         SECTION 9.02.  Section 51.103(b), Estates Code, is amended
  to read as follows:
         (b)  Proof of service consists of:
               (1)  if the service is made by a sheriff or constable,
  the return of service;
               (2)  if the service is made by a private person, the
  person's affidavit;
               (3)  if the service is made by mail:
                     (A)  the certificate of the county clerk making
  the service, or the affidavit of the personal representative or
  other person making the service, stating that the citation or
  notice was mailed and the date of the mailing; and
                     (B)  the return receipt attached to the
  certificate or affidavit, as applicable, if the mailing was by
  registered or certified mail and a receipt has been returned; and
               (4)  if the service is made by publication:
                     (A)  a statement [an affidavit]:
                           (i)  made by the Office of Court
  Administration of the Texas Judicial System or an employee of the
  office;
                           (ii)  that contains or to which is attached a
  copy of the published citation or notice; and
                           (iii)  that states the date of publication
  on the public information Internet website maintained as required
  by Section 72.034, Government Code, as added by Chapter 606 (S.B.
  891), Acts of the 86th Legislature, Regular Session, 2019; and
                     (B)  an affidavit:
                           (i)  made by the publisher of the newspaper
  in which the citation or notice was published or an employee of the
  publisher;
                           (ii)  that contains or to which is attached a
  copy of the published citation or notice; and
                           (iii)  that states the date of publication
  printed on the newspaper in which the citation or notice was
  published.
         SECTION 9.03.  Section 1051.153(b), Estates Code, is amended
  to read as follows:
         (b)  Proof of service consists of:
               (1)  if the service is made by a sheriff or constable,
  the return of service;
               (2)  if the service is made by a private person, the
  person's affidavit;
               (3)  if the service is made by mail:
                     (A)  the certificate of the county clerk making
  the service, or the affidavit of the guardian or other person making
  the service that states that the citation or notice was mailed and
  the date of the mailing; and
                     (B)  the return receipt attached to the
  certificate, if the mailing was by registered or certified mail and
  a receipt has been returned; and
               (4)  if the service is made by publication:
                     (A)  a statement [an affidavit] that:
                           (i)  is made by the Office of Court
  Administration of the Texas Judicial System or an employee of the
  office;
                           (ii)  contains or to which is attached a copy
  of the published citation or notice; and
                           (iii)  states the date of publication on the
  public information Internet website maintained as required by
  Section 72.034, Government Code, as added by Chapter 606 (S.B.
  891), Acts of the 86th Legislature, Regular Session, 2019; and
                     (B)  an affidavit that:
                           (i)  is made by the publisher of the
  newspaper in which the citation or notice was published or an
  employee of the publisher;
                           (ii)  contains or to which is attached a copy
  of the published citation or notice; and
                           (iii)  states the date of publication
  printed on the newspaper in which the citation or notice was
  published.
  ARTICLE 10.  EVIDENCE
         SECTION 10.01.  Section 2, Article 38.01, Code of Criminal
  Procedure, is amended by adding Subdivision (4-a) to read as
  follows:
               (4-a)  "Forensic examination or test not subject to
  accreditation" means an examination or test described by Article
  38.35(a)(4)(A), (B), (C), or (D) that is exempt from accreditation.
         SECTION 10.02.  Article 38.01, Code of Criminal Procedure,
  is amended by adding Section 3-b to read as follows:
         Sec. 3-b.  CODE OF PROFESSIONAL RESPONSIBILITY. (a)  The
  commission shall adopt a code of professional responsibility to
  regulate the conduct of persons, laboratories, facilities, and
  other entities regulated under this article.
         (b)  The commission shall publish the code of professional
  responsibility adopted under Subsection (a).
         (c)  The commission shall adopt rules establishing sanctions
  for code violations.
         (d)  The commission shall update the code of professional
  responsibility as necessary to reflect changes in science,
  technology, or other factors affecting the persons, laboratories,
  facilities, and other entities regulated under this article.
         SECTION 10.03.  Sections 4(a), (a-1), (b-1), and (c),
  Article 38.01, Code of Criminal Procedure, are amended to read as
  follows:
         (a)  The commission shall:
               (1)  develop and implement a reporting system through
  which a crime laboratory may report professional negligence or
  professional misconduct;
               (2)  require a crime laboratory that conducts forensic
  analyses to report professional negligence or professional
  misconduct to the commission; and
               (3)  investigate, in a timely manner, any allegation of
  professional negligence or professional misconduct that would
  substantially affect the integrity of:
                     (A)  the results of a forensic analysis conducted
  by a crime laboratory;
                     (B)  an examination or test that is conducted by a
  crime laboratory and that is a forensic examination or test not
  subject to accreditation; or
                     (C)  testimony related to an analysis,
  examination, or test described by Paragraph (A) or (B).
         (a-1)  The commission may initiate [for educational
  purposes] an investigation of a forensic analysis or a forensic
  examination or test not subject to accreditation, without receiving
  a complaint[,] submitted through the reporting system implemented
  under Subsection (a)(1), [that contains an allegation of
  professional negligence or professional misconduct involving the
  forensic analysis conducted] if the commission determines by a
  majority vote of a quorum of the members of the commission that an
  investigation of the [forensic] analysis, examination, or test
  would advance the integrity and reliability of forensic science in
  this state.
         (b-1)  If the commission conducts an investigation under
  Subsection (a)(3) of a crime laboratory that is not accredited
  under this article or the investigation involves a forensic
  examination or test not subject to accreditation [is conducted
  pursuant to an allegation involving a forensic method or
  methodology that is not an accredited field of forensic science],
  the investigation may include the preparation of a written report
  that contains:
               (1)  observations of the commission regarding the
  integrity and reliability of the applicable [forensic] analysis,
  examination, or test conducted;
               (2)  best practices identified by the commission during
  the course of the investigation; or
               (3)  other recommendations that are relevant, as
  determined by the commission.
         (c)  The commission by contract may delegate the duties
  described by Subsections (a)(1) and (3) and Sections 4-d(b)(1),
  (b-1), and (d) to any person the commission determines to be
  qualified to assume those duties.
         SECTION 10.04.  Section 4-a(c), Article 38.01, Code of
  Criminal Procedure, is amended to read as follows:
         (c)  The commission by rule may establish voluntary
  licensing programs for forensic examinations or tests [disciplines
  that are] not subject to accreditation [under this article].
         SECTION 10.05.  Section 4-d(b-1), Article 38.01, Code of
  Criminal Procedure, is amended to read as follows:
         (b-1)  As part of the accreditation process established and
  implemented under Subsection (b), the commission may:
               (1)  establish minimum standards that relate to the
  timely production of a forensic analysis to the agency requesting
  the analysis and that are consistent with this article and
  applicable laws;
               (2)  validate or approve specific forensic methods or
  methodologies; and
               (3)  establish procedures, policies, standards, and
  practices to improve the quality of forensic analyses conducted in
  this state.
         SECTION 10.06.  Article 38.01, Code of Criminal Procedure,
  is amended by adding Section 14 to read as follows:
         Sec. 14.  FUNDING FOR TRAINING AND EDUCATION. The
  commission may use appropriated funds for the training and
  education of forensic analysts.
         SECTION 10.07.  Section 2254.002(2), Government Code, is
  amended to read as follows:
               (2)  "Professional services" means services:
                     (A)  within the scope of the practice, as defined
  by state law, of:
                           (i)  accounting;
                           (ii)  architecture;
                           (iii)  landscape architecture;
                           (iv)  land surveying;
                           (v)  medicine;
                           (vi)  optometry;
                           (vii)  professional engineering;
                           (viii)  real estate appraising; [or]
                           (ix)  professional nursing; or
                           (x)  forensic science;
                     (B)  provided in connection with the professional
  employment or practice of a person who is licensed or registered as:
                           (i)  a certified public accountant;
                           (ii)  an architect;
                           (iii)  a landscape architect;
                           (iv)  a land surveyor;
                           (v)  a physician, including a surgeon;
                           (vi)  an optometrist;
                           (vii)  a professional engineer;
                           (viii)  a state certified or state licensed
  real estate appraiser; [or]
                           (ix)  a registered nurse; or
                           (x)  a forensic analyst or forensic science
  expert; or
                     (C)  provided by a person lawfully engaged in
  interior design, regardless of whether the person is registered as
  an interior designer under Chapter 1053, Occupations Code.
  ARTICLE 11.  JURY SERVICE
         SECTION 11.01.  Sections 61.003(a) and (c), Government Code,
  are amended to read as follows:
         (a)  Each person who reports for jury service shall be
  personally provided a form letter that when signed by the person
  directs the county treasurer to donate all, or a specific amount
  designated by the person, of the person's daily reimbursement under
  this chapter to:
               (1)  the compensation to victims of crime fund
  established under Subchapter J, Chapter 56B, Code of Criminal
  Procedure;
               (2)  the child welfare, child protective services, or
  child services board of the county appointed under Section 264.005,
  Family Code, that serves abused and neglected children;
               (3)  any program selected by the commissioners court
  that is operated by a public or private nonprofit organization and
  that provides shelter and services to victims of family violence;
               (4)  any other program approved by the commissioners
  court of the county, including a program established under Article
  56A.205, Code of Criminal Procedure, that offers psychological
  counseling in criminal cases involving graphic evidence or
  testimony; [or]
               (5)  a veterans treatment court program established by
  the commissioners court as provided by Chapter 124; or
               (6)  a veterans county service office established by
  the commissioners court as provided by Subchapter B, Chapter 434.
         (c)  The county treasurer shall:
               (1)  send all donations made under Subsection (a)(1) to
  the comptroller, at the time and in the manner prescribed by the
  attorney general, for deposit to the credit of the compensation to
  victims of crime fund;
               (2)  deposit donations made to the county child welfare
  board under Subsection (a)(2) in a fund established by the county to
  be used by the child welfare board in a manner authorized by the
  commissioners court of the county; and
               (3)  send all donations made under Subsection (a)(3),
  [or] (a)(4), or (a)(6) directly to the program or office, as
  applicable, specified on the form letter signed by the person who
  reported for jury service.
         SECTION 11.02.  Section 62.202(b), Government Code, is
  amended to read as follows:
         (b)  The district judge may draw a warrant on the jury fund or
  other appropriate fund of the county in which the civil case is
  tried to cover the cost of buying and transporting the meals to the
  jury room. The judge may spend a reasonable amount [Not more than
  $3] per meal [may be spent] for a juror serving on a jury in a civil
  case.
         SECTION 11.03.  Section 434.032, Government Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  The commissioners court of a county that maintains an
  office:
               (1)  may not consider a juror's donation to the office
  of the juror's daily reimbursement under Section 61.003 for
  purposes of determining the county's budget for the office; and
               (2)  may use donations described by Subdivision (1)
  only to supplement, rather than supplant, amounts budgeted by the
  county for the office.
  ARTICLE 12.  SPECIALTY COURT PROGRAMS
         SECTION 12.01.  Chapter 121, Government Code, is amended by
  adding Sections 121.003 and 121.004 to read as follows:
         Sec. 121.003.  APPOINTMENT OF PRESIDING JUDGE OR MAGISTRATE
  FOR REGIONAL SPECIALTY COURT PROGRAM. A judge or magistrate of a
  district court or statutory county court who is authorized by law to
  hear criminal cases may be appointed to preside over a regional
  specialty court program recognized under this subtitle only if:
               (1)  the local administrative district and statutory
  county court judges of each county participating in the program
  approve the appointment by majority vote or another approval method
  selected by the judges; and
               (2)  the presiding judges of each of the administrative
  judicial regions in which the participating counties are located
  sign an order granting the appointment.
         Sec. 121.004.  JURISDICTION AND AUTHORITY OF JUDGE OR
  MAGISTRATE IN REGIONAL SPECIALTY COURT PROGRAM. (a) A judge or
  magistrate appointed to preside over a regional specialty court
  program may hear any misdemeanor or felony case properly
  transferred to the program by an originating trial court
  participating in the program, regardless of whether the originating
  trial court and specialty court program are in the same county. The
  appointed judge or magistrate may exercise only the authority
  granted under this subtitle.
         (b)  The judge or magistrate of a regional specialty court
  program may for a case properly transferred to the program:
               (1)  enter orders, judgments, and decrees for the case;
               (2)  sign orders of detention, order community service,
  or impose other reasonable and necessary sanctions;
               (3)  send recommendations for dismissal and expunction
  to the originating trial court for a defendant who successfully
  completes the program; and
               (4)  return the case and documentation required by this
  subtitle to the originating trial court for final disposition on a
  defendant's successful completion of or removal from the program.
         (c)  A visiting judge assigned to preside over a regional
  specialty court program has the same authority as the judge or
  magistrate appointed to preside over the program.
         SECTION 12.02.  Section 124.003(b), Government Code, is
  amended to read as follows:
         (b)  A veterans treatment court program established under
  this chapter shall make, establish, and publish local procedures to
  ensure maximum participation of eligible defendants in the program
  [county or counties in which those defendants reside].
         SECTION 12.03.  Sections 124.006(a) and (d), Government
  Code, are amended to read as follows:
         (a)  A veterans treatment court program that accepts
  placement of a defendant may transfer responsibility for
  supervising the defendant's participation in the program to another
  veterans treatment court program that is located in the county
  where the defendant works or resides or in a county adjacent to the
  county where the defendant works or resides. The defendant's
  supervision may be transferred under this section only with the
  consent of both veterans treatment court programs and the
  defendant.
         (d)  If a defendant is charged with an offense in a county
  that does not operate a veterans treatment court program, the court
  in which the criminal case is pending may place the defendant in a
  veterans treatment court program located in the county where the
  defendant works or resides or in a county adjacent to the county
  where the defendant works or resides, provided that a program is
  operated in that county and the defendant agrees to the placement.
  A defendant placed in a veterans treatment court program in
  accordance with this subsection must agree to abide by all rules,
  requirements, and instructions of the program.
         SECTION 12.04.  (a) Section 121.003, Government Code, as
  added by this Act, applies only to the appointment of a judge or
  magistrate to preside over a regional specialty court program that
  occurs on or after the effective date of this Act.
         (b)  Section 121.004, Government Code, as added by this Act,
  applies to a case pending in a regional specialty court program on
  or after the effective date of this Act.
  ARTICLE 13.  PROTECTIVE ORDERS
         SECTION 13.01.  Section 72.151(3), Government Code, is
  amended to read as follows:
               (3)  "Protective order" means:
                     (A)  an order issued by a court in this state under
  Chapter 83 or 85, Family Code, to prevent family violence, as
  defined by Section 71.004, Family Code;
                     (B)  an order issued by a court in this state under
  Subchapter A, Chapter 7B, Code of Criminal Procedure, to prevent
  sexual assault or abuse, stalking, trafficking, or other harm to
  the applicant; or
                     (C)  [.  The term includes] a magistrate's order
  for emergency protection issued under Article 17.292, Code of
  Criminal Procedure, with respect to a person who is arrested for an
  offense involving family violence.
         SECTION 13.02.  Section 72.152, Government Code, is amended
  to read as follows:
         Sec. 72.152.  APPLICABILITY. This subchapter applies only
  to:
               (1)  an application for a protective order filed under:
                     (A)  Chapter 82, Family Code;
                     (B)  Subchapter A, Chapter 7B, Code of Criminal
  Procedure; or
                     (C) [(B)]  Article 17.292, Code of Criminal
  Procedure, with respect to a person who is arrested for an offense
  involving family violence; and
               (2)  a protective order issued under:
                     (A)  Chapter 83 or 85, Family Code;
                     (B)  Subchapter A, Chapter 7B, Code of Criminal
  Procedure; or
                     (C) [(B)]  Article 17.292, Code of Criminal
  Procedure, with respect to a person who is arrested for an offense
  involving family violence.
         SECTION 13.03.  Sections 72.154(b) and (d), Government Code,
  are amended to read as follows:
         (b)  Publicly accessible information regarding each
  protective order must consist of the following:
               (1)  the court that issued the protective order;
               (2)  the case number;
               (3)  the full name, county of residence, birth year,
  and race or ethnicity of the person who is the subject of the
  protective order;
               (4)  the dates the protective order was issued and
  served; and
               (5)  [the date the protective order was vacated, if
  applicable; and
               [(6)]  the date the protective order expired or will
  expire, as applicable.
         (d)  The office may not allow a member of the public to access
  through the registry any information related to:
               (1)  a protective order issued under Article 7B.002 or
  17.292, Code of Criminal Procedure, or Chapter 83, Family Code; or
               (2)  a protective order that was vacated.
         SECTION 13.04.  Section 72.155(a), Government Code, is
  amended to read as follows:
         (a)  The registry must include a copy of each application for
  a protective order filed in this state and a copy of each protective
  order issued in this state, including an [a vacated or] expired
  order, or a vacated order other than an order that was vacated as
  the result of an appeal or bill of review from a district or county
  court.  Only an authorized user, the attorney general, a district
  attorney, a criminal district attorney, a county attorney, a
  municipal attorney, or a peace officer may access that information
  under the registry.
         SECTION 13.05.  Section 72.157, Government Code, is amended
  by amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  Except as provided by Subsection (b-1), for [For] a
  protective order that is vacated or that has expired, the clerk of
  the applicable court shall modify the record of the order in the
  registry to reflect the order's status as vacated or expired.  The
  clerk shall ensure that a record of a vacated order is not
  accessible by the public.
         (b-1)  For a protective order that is vacated as the result
  of an appeal or bill of review from a district or county court, the
  clerk of the applicable court shall notify the office not later than
  the end of the next business day after the date the protective order
  was vacated.  The office shall remove the record of the order from
  the registry not later than the third business day after the date
  the notice from the clerk was received.
         SECTION 13.06.  Section 72.158(a), Government Code, is
  amended to read as follows:
         (a)  The office shall ensure that the public may access
  information about protective orders, other than information about
  vacated orders or orders under Article 7B.002 or 17.292, Code of
  Criminal Procedure, or Chapter 83, Family Code, through the
  registry, only if:
               (1)  a protected person requests that the office grant
  the public the ability to access the information described by
  Section 72.154(b) for the order protecting the person; and
               (2)  the office approves the request.
         SECTION 13.07.  Section 72.152, Government Code, as amended
  by this Act, applies only to an application for a protective order
  filed or a protective order issued on or after the effective date of
  this Act.
         SECTION 13.08.  As soon as practicable after the effective
  date of this Act, the Office of Court Administration of the Texas
  Judicial System shall:
               (1)  remove the record of any protective orders that
  have been vacated as the result of an appeal or bill of review from a
  district or county court from the protective order registry
  established under Subchapter F, Chapter 72, Government Code, as
  amended by this Act; and
               (2)  ensure that the records of vacated orders, other
  than orders described by Subdivision (1) of this section that are
  removed from the registry, are not accessible by the public.
  ARTICLE 14.  DISTRICT AND COUNTY ATTORNEYS
         SECTION 14.01.  Section 43.137, Government Code, is amended
  by adding Subsections (c) and (d) to read as follows:
         (c)  In addition to exercising the duties and authority
  conferred on district attorneys by general law, the district
  attorney represents the state in the district and inferior courts
  in Ector County in all criminal cases, juvenile matters under Title
  3, Family Code, and matters involving children's protective
  services.
         (d)  The district attorney has no power, duty, or privilege
  in any civil matter, other than civil asset forfeiture and civil
  bond forfeiture matters.
         SECTION 14.02.  Subchapter B, Chapter 45, Government Code,
  is amended by adding Section 45.168 to read as follows:
         Sec. 45.168.  ECTOR COUNTY. (a) It is the primary duty of
  the county attorney in Ector County to represent the state, Ector
  County, and the officials of the county in all civil matters, other
  than asset forfeiture and bond forfeiture matters for which the
  district attorney is responsible, pending before the courts of
  Ector County and any other court in which the state, Ector County,
  or the county officials have matters pending.
         (b)  The county attorney has no power, duty, or privilege in
  Ector County relating to criminal matters, juvenile matters under
  Title 3, Family Code, or matters involving children's protective
  services.
         SECTION 14.03.  Section 43.137, Government Code, as amended
  by this Act, and Section 45.168, Government Code, as added by this
  Act, apply only to a proceeding commenced on or after the effective
  date of this Act. A proceeding commenced before the effective date
  of this Act is governed by the law in effect on the date the
  proceeding was commenced, and the former law is continued in effect
  for that purpose.
  ARTICLE 15. MISDEMEANOR CASES
         SECTION 15.01.  The heading to Article 45.0445, Code of
  Criminal Procedure, is amended to read as follows:
         Art. 45.0445.  RECONSIDERATION OF SATISFACTION OF FINE OR
  COSTS.
  ARTICLE 16. COURT REPORTERS
         SECTION 16.01.  Chapter 42, Code of Criminal Procedure, is
  amended by adding Article 42.25 to read as follows:
         Art. 42.25.  FILING OF REPORTER NOTES. A court reporter may
  comply with Rule 13.6, Texas Rules of Appellate Procedure, by
  electronically filing with the trial court clerk not later than the
  20th day after the expiration of the time the defendant is allotted
  to perfect the appeal the untranscribed notes created by the court
  reporter using computer-aided software.
         SECTION 16.02.  Section 52.001(a)(4), Government Code, is
  amended to read as follows:
               (4)  "Shorthand reporter" and "court reporter" mean a
  person who is certified as a court reporter, apprentice court
  reporter, or provisional court reporter under Chapter 154 to engage
  [engages] in shorthand reporting.
         SECTION 16.03.  Section 52.011, Government Code, is amended
  to read as follows:
         Sec. 52.011.  PROVISION OF SIGNED DEPOSITION CERTIFICATE;
  CERTIFICATE REQUIREMENTS [CERTIFICATION]. (a)  A court reporting
  firm representative or a court reporter who reported a deposition
  for a case shall complete and sign a deposition certificate, known
  as the further certification.
         (b)  On request of a court reporter who reported a deposition
  for a case, a court reporting firm shall provide the reporter with a
  copy of the deposition certificate [document related to the
  deposition, known as the further certification,] that the reporter
  has signed or to which the reporter's signature has been applied.
         (c)  The deposition certificate must include:
               (1)  a statement that the deposition transcript was
  submitted to the deponent or the deponent's attorney for
  examination and signature;
               (2)  the date the transcript was submitted to the
  deponent or the deponent's attorney;
               (3)  the date the deponent returned the transcript, if
  returned, or a statement that the deponent did not return the
  transcript;
               (4)  a statement that any changes the deponent made to
  the transcript are reflected in a separate document attached to the
  transcript;
               (5)  a statement that the transcript was delivered in
  accordance with Rule 203.3, Texas Rules of Civil Procedure;
               (6)  the amount charged for preparing the original
  deposition transcript;
               (7)  a statement that a copy of the certificate was
  served on all parties to the case; and
               (8)  the date the copy of the certificate was served on
  the parties to the case.
         SECTION 16.04.  Section 52.041, Government Code, is amended
  to read as follows:
         Sec. 52.041.  APPOINTMENT OF OFFICIAL COURT REPORTER. (a)
  Each judge of a court of record shall appoint an official court
  reporter. An official court reporter is a sworn officer of the
  court and holds office at the pleasure of the court.
         (b)  Notwithstanding any other law, a certified shorthand
  reporter may be appointed by more than one judge of a court of
  record to serve more than one court. A certified shorthand reporter
  appointed to serve as an official court reporter by more than one
  judge of a court of record may be an employee of more than one county
  or may serve more than one county as an official court reporter
  under contract with a county.
         SECTION 16.05.  Section 52.042, Government Code, is amended
  by adding Subsection (e) to read as follows:
         (e)  A certified shorthand reporter may be appointed by more
  than one judge of a court of record to serve as a deputy court
  reporter serving more than one court. A certified shorthand
  reporter appointed to serve as a deputy court reporter by more than
  one judge of a court of record may be an employee of more than one
  county or may serve more than one county as a deputy court reporter
  under contract with a county and the agreement of the court
  reporter.
         SECTION 16.06.  Section 52.046(d), Government Code, is
  amended to read as follows:
         (d)  A judge of a county court or county court at law shall
  appoint a [certified] shorthand reporter to report the oral
  testimony given in any contested probate matter in that judge's
  court.
         SECTION 16.07.  Subchapter E, Chapter 52, Government Code,
  is amended by adding Section 52.060 to read as follows:
         Sec. 52.060.  MODEL INTERLOCAL AGREEMENT REGARDING
  COMPENSATION AND EXPENSES OF MULTI-COURT OFFICIAL COURT REPORTERS.
  (a) In this section, "office" means the Office of Court
  Administration of the Texas Judicial System.
         (b)  The office shall coordinate the development of a model
  interlocal agreement that may be used by counties or courts to share
  the compensation and expenses of an official court reporter or
  deputy court reporter who serves more than one court of record under
  Section 52.041 or 52.042, whether the deputy court reporter serves
  as an employee of one or more counties or courts or under contract
  to one or more counties or courts.
         (c)  The office shall develop the model interlocal agreement
  with the participation of the counties and courts of this state.
         (d)  A county or court is not required to use the model
  interlocal agreement developed under Subsection (b) and may enter
  into agreements as the counties or courts determine appropriate.
         (e)  In the event of a conflict between this subchapter and a
  model interlocal agreement or any other agreement between counties
  or courts for the compensation and expenses of official court
  reporters or deputy court reporters serving more than one court,
  this subchapter prevails.
         SECTION 16.08.  Section 154.001(a)(4), Government Code, is
  amended to read as follows:
               (4)  "Shorthand reporter" and "court reporter" mean a
  person who is certified as a court reporter, apprentice court
  reporter, or provisional court reporter under this chapter to
  engage [engages] in shorthand reporting.
         SECTION 16.09.  Section 154.101(e), Government Code, is
  amended to read as follows:
         (e)  A person may not assume or use the title or designation
  "court recorder," "court reporter," or "shorthand reporter," or any
  abbreviation, title, designation, words, letters, sign, card, or
  device tending to indicate that the person is a court reporter or
  shorthand reporter, unless the person is certified as a shorthand
  reporter or provisional court reporter by the supreme court.  
  Nothing in this subsection shall be construed to either sanction or
  prohibit the use of electronic court recording equipment operated
  [by a noncertified court reporter pursuant and] according to rules
  adopted or approved by the supreme court.
         SECTION 16.10.  Section 154.105, Government Code, is amended
  by amending Subsection (b) and adding Subsections (c), (d), and (e)
  to read as follows:
         (b)  A [certified] shorthand reporter may administer oaths
  to witnesses:
               (1)  anywhere in this state;
               (2)  in a jurisdiction outside this state if:
                     (A)  the reporter is at the same location as the
  witness; and
                     (B)  the witness is or may be a witness in a case
  filed in this state; and
               (3)  at any location authorized in a reciprocity
  agreement between this state and another jurisdiction under Section
  152.202(b).
         (c)  Notwithstanding Subsection (b), a shorthand reporter
  may administer an oath as provided under this subsection to a person
  who is or may be a witness in a case filed in this state without
  being at the same location as the witness:
               (1)  if the reporter is physically located in this
  state at the time the oath is administered; or
               (2)  as authorized in a reciprocity agreement between
  this state and another jurisdiction under Section 152.202(b) if:
                     (A)  the witness is at a location in the other
  jurisdiction; and
                     (B)  the reporter is at a location in the same
  jurisdiction as the witness.
         (d)  The identity of a witness who is not in the physical
  presence of a shorthand reporter may be proven by:
               (1)  a statement under oath on the record by a party to
  the case stating that the party has actual knowledge of the
  witness's identity;
               (2)  a statement on the record by an attorney for a
  party to the case, or an attorney for the witness, verifying the
  witness's identity;
               (3)  a statement on the record by a notary who is in the
  presence of the witness verifying the witness's identity; or
               (4)  the witness's presentation for inspection by the
  court reporter of an official document issued by this state,
  another state, a federal agency, or another jurisdiction that
  verifies the witness's identity.
         (e)  A shorthand reporter to which this section applies shall
  state on the record and certify in each transcript of the deposition
  the physical location of:
               (1)  the witness; and
               (2)  the reporter.
         SECTION 16.11.  Section 154.112, Government Code, is amended
  to read as follows:
         Sec. 154.112.  EMPLOYMENT OF NONCERTIFIED PERSON FOR
  SHORTHAND REPORTING [REPORTERS]. (a) A person who is not certified
  as a court [noncertified shorthand] reporter may be employed to
  engage in shorthand reporting until a certified shorthand reporter
  is available.
         (b)  A person who is not certified as a court [noncertified
  shorthand] reporter may engage in shorthand reporting to report an
  oral deposition only if:
               (1)  the person [noncertified shorthand reporter]
  delivers an affidavit to the parties or to their counsel present at
  the deposition stating that a certified shorthand reporter is not
  available; or
               (2)  the parties or their counsel stipulate on the
  record at the beginning of the deposition that a certified
  shorthand reporter is not available.
         (c)  This section does not apply to a deposition taken
  outside this state for use in this state.
         SECTION 16.12.  The changes in law made by this article apply
  only to a deposition taken on or after the effective date of this
  Act. A deposition taken before that date is governed by the law in
  effect on the date the deposition was taken, and the former law is
  continued in effect for that purpose.
  ARTICLE 17. TRANSITION
         SECTION 17.01.  A state agency subject to this Act is
  required to implement a provision of this Act only if the
  legislature appropriates money specifically for that purpose.  If
  the legislature does not appropriate money specifically for that
  purpose, the state agency may, but is not required to, implement a
  provision of this Act using other appropriations available for that
  purpose.
  ARTICLE 18. EFFECTIVE DATE
         SECTION 18.01.  Except as otherwise provided by this Act,
  this Act takes effect September 1, 2021.
 
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