By: Huffman  S.B. No. 1329          (In the Senate - Filed March 6, 2017; March 14, 2017, read   first time and referred to Committee on State Affairs;   April 3, 2017, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 9, Nays 0; April 3, 2017,   sent to printer.)Click here to see the committee vote    COMMITTEE SUBSTITUTE FOR S.B. No. 1329 By:  Huffman     A BILL TO BE ENTITLED   AN ACT     relating to the operation and administration of and practice in   courts in the judicial branch of state government.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. JURISDICTION OF ASSOCIATE JUDGES          SECTION 1.01.  Section 101.034, Family Code, as effective   until September 1, 2018, is amended to read as follows:          Sec. 101.034.  TITLE IV-D CASE. "Title IV-D case" means an   action in which services are provided by the Title IV-D agency under   Part D, Title IV, of the federal Social Security Act (42 U.S.C.   Section 651 et seq.), relating to the location of an absent parent,   determination of parentage, or establishment, modification, or   enforcement of a child support or medical support obligation,   including a suit for modification filed by the Title IV-D agency   under Section 231.101(d) and any other action relating to the   services that the Title IV-D agency is required or authorized to   provide under Section 231.101.          SECTION 1.02.  Section 101.034, Family Code, as effective on   September 1, 2018, is amended to read as follows:          Sec. 101.034.  TITLE IV-D CASE.  "Title IV-D case" means an   action in which services are provided by the Title IV-D agency under   Part D, Title IV, of the federal Social Security Act (42 U.S.C.   Section 651 et seq.), relating to the location of an absent parent,   determination of parentage, or establishment, modification, or   enforcement of a child support, medical support, or dental support   obligation, including a suit for modification filed by the Title   IV-D agency under Section 231.101(d) and any other action relating   to the services that the Title IV-D agency is required or authorized   to provide under Section 231.101.          SECTION 1.03.  (a)  Section 201.007, Family Code, is amended   by amending Subsections (a) and (c) and adding Subsection (e) to   read as follows:          (a)  Except as limited by an order of referral, an associate   judge may:                (1)  conduct a hearing;                (2)  hear evidence;                (3)  compel production of relevant evidence;                (4)  rule on the admissibility of evidence;                (5)  issue a summons for:                      (A)  the appearance of witnesses; and                      (B)  the appearance of a parent who has failed to   appear before an agency authorized to conduct an investigation of   an allegation of abuse or neglect of a child after receiving proper   notice;                (6)  examine a witness;                (7)  swear a witness for a hearing;                (8)  make findings of fact on evidence;                (9)  formulate conclusions of law;                (10)  recommend an order to be rendered in a case;                (11)  regulate all proceedings in a hearing before the   associate judge;                (12)  order the attachment of a witness or party who   fails to obey a subpoena;                (13)  order the detention of a witness or party found   guilty of contempt, pending approval by the referring court as   provided by Section 201.013;                (14)  without prejudice to the right to a de novo   hearing before the referring court [of appeal] under Section   201.015 and subject to Subsection (c), render and sign:                      (A)  a final order agreed to in writing as to both   form and substance by all parties;                      (B)  a final default order;                      (C)  a temporary order; or                      (D)  a final order in a case in which a party files   an unrevoked waiver made in accordance with Rule 119, Texas Rules of   Civil Procedure, that waives notice to the party of the final   hearing or waives the party's appearance at the final hearing;                (15)  take action as necessary and proper for the   efficient performance of the associate judge's duties; and                (16)  render and sign a final order if the parties waive    [that includes a waiver of] the right to a de novo hearing before   the referring court under [of appeal pursuant to] Section 201.015   in writing before the start of a hearing conducted by the associate   judge.          (c)  A final order described by Subsection (a)(14) becomes   final after the expiration of the period described by Section   201.015(a) if a party does not request a de novo hearing in   accordance with that section.  An order described by Subsection   (a)(14) or (16) that is rendered and signed by an associate judge   constitutes an order of the referring court.          (e)  An order signed before May 1, 2017, by an associate   judge under Subsection (a)(16) is a final order rendered as of the   date the order was signed.          (b)  Section 201.013(b), Family Code, is amended to read as   follows:          (b)  Except as provided by Section 201.007(c), if a request   for a de novo hearing before the referring court is not timely filed   [or the right to a de novo hearing before the referring court is   waived], the proposed order or judgment of the associate judge   becomes the order or judgment of the referring court only on the   referring court's signing the proposed order or judgment.          (c)  Section 201.014(a), Family Code, is amended to read as   follows:          (a)  Except as otherwise provided in this subchapter, unless    [Unless] a party files a written request for a de novo hearing   before the referring court, the referring court may:                (1)  adopt, modify, or reject the associate judge's   proposed order or judgment;                (2)  hear further evidence; or                (3)  recommit the matter to the associate judge for   further proceedings.          (d)  Section 201.016(c), Family Code, is amended to read as   follows:          (c)  The date an agreed order, [or] a default order, or a   final order described by Section 201.007(a)(16) is signed by an   associate judge is the controlling date for the purpose of an appeal   to, or a request for other relief relating to the order from, a   court of appeals or the supreme court.          (e)  The change in law made by this section to Section   201.007(a), Family Code, applies only to a final order signed by an   associate judge on or after the effective date of this Act.          (f)  Section 201.007(e), Family Code, as added by this   section, applies to an order signed by an associate judge before the   effective date of this Act, as provided by that section.          SECTION 1.04.  Section 201.204, Family Code, is amended by   adding Subsection (d) to read as follows:          (d)  An associate judge may hear and render an order in a suit   for the adoption of a child for whom the Texas Department of Family   and Protective Services has been named managing conservator.   ARTICLE 2.  DISTRICT COURTS          SECTION 2.01.  (a)  Subchapter C, Chapter 24, Government   Code, is amended by adding Section 24.6002 to read as follows:          Sec. 24.6002.  458TH JUDICIAL DISTRICT (FORT BEND COUNTY).     The 458th Judicial District is composed of Fort Bend County.          (b)  The 458th Judicial District is created on January 1,   2018.          SECTION 2.02.  (a)  Subchapter C, Chapter 24, Government   Code, is amended by adding Section 24.6003 to read as follows:          Sec. 24.6003.  459TH JUDICIAL DISTRICT (TRAVIS COUNTY).   (a)  The 459th Judicial District is composed of Travis County.          (b)  The 459th District Court shall give preference to civil   matters.          (b)  The 459th Judicial District is created on October 1,   2017.          SECTION 2.03.  (a)  Effective October 1, 2019, Subchapter C,   Chapter 24, Government Code, is amended by adding Section 24.6004   to read as follows:          Sec. 24.6004.  460TH JUDICIAL DISTRICT (TRAVIS COUNTY).   (a)  The 460th Judicial District is composed of Travis County.          (b)  The 460th District Court shall give preference to   criminal matters.          (b)  The 460th Judicial District is created on October 1,   2019.          SECTION 2.04.  (a)  Subchapter C, Chapter 24, Government   Code, is amended by adding Section 24.6006 to read as follows:          Sec. 24.6006.  462ND JUDICIAL DISTRICT (DENTON COUNTY). The   462nd Judicial District is composed of Denton County.          (b)  The 462nd Judicial District is created on January 1,   2019.          SECTION 2.05.  (a)  Subchapter C, Chapter 24, Government   Code, is amended by adding Section 24.6008 to read as follows:          Sec. 24.6008.  464TH JUDICIAL DISTRICT (HIDALGO COUNTY).   The 464th Judicial District is composed of Hidalgo County.          (b)  The 464th Judicial District is created on January 1,   2019.   ARTICLE 3.  STATUTORY COUNTY COURTS          SECTION 3.01.  Effective January 1, 2019, Section 25.0634,   Government Code, is amended by amending Subsection (b) and adding   Subsection (c) to read as follows:          (b)  Except as provided by Subsection (c), a [A] county   criminal court has no jurisdiction over civil, civil appellate,   probate, or mental health matters.          (c)  The County Criminal Court No. 4 of Denton County has   jurisdiction over mental health matters.          SECTION 3.02.  (a)  Section 25.0811, Government Code, is   amended to read as follows:          Sec. 25.0811.  FORT BEND COUNTY.  Fort Bend County has the   following statutory county courts:                (1)  County Court at Law No. 1 of Fort Bend County;                (2)  County Court at Law No. 2 of Fort Bend County;                (3)  County Court at Law No. 3 of Fort Bend County;                (4)  County Court at Law No. 4 of Fort Bend County;   [and]                (5)  County Court at Law No. 5 of Fort Bend County; and                (6)  County Court at Law No. 6 of Fort Bend County.          (b)  The County Court at Law No. 6 of Fort Bend County is   created on January 1, 2018.          SECTION 3.03.  (a)  Subchapter C, Chapter 25, Government   Code, is amended by adding Sections 25.0951 and 25.0952 to read as   follows:          Sec. 25.0951.  GRIMES COUNTY. Grimes County has one   statutory county court, the County Court at Law of Grimes County.          Sec. 25.0952.  GRIMES 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 Grimes County has concurrent   jurisdiction with the district court in family law cases and   proceedings.          (b)  The judge of the county court at law shall be paid an   annual salary set by the commissioners court in an amount that is at   least equal to the amount that is $1,000 less than the total annual   salary, including contributions and supplements, received by a   district judge in the county. The salary shall be paid by the   county treasurer by order of the commissioners court.          (c)  The judge of the county court at law is entitled to   travel expenses and necessary office expenses, including   administrative and clerical assistance, in the same manner as the   district judge.          (d)  The judge of a county court at law may not engage in the   private practice of law.          (e)  The district clerk serves as clerk of a county court at   law for family cases and proceedings, and the county clerk serves as   clerk for all other cases. The commissioners court may employ as   many deputy sheriffs and bailiffs as are necessary to serve the   court.          (f)  If a case or proceeding in which a county court at law   has concurrent jurisdiction with a district court is tried before a   jury, the jury shall be composed of 12 members. In all other cases,   the jury shall be composed of 6 members.          (g)  The judge of a county court at law may, instead of   appointing an official court reporter, contract for the services of   a court reporter under guidelines established by the commissioners   court.          (h)  The laws governing the drawing, selection, service, and   pay of jurors for county courts apply to a county court at law.   Jurors regularly impaneled for a week by the district court may, on   a request of a judge of the county court at law, be made available   and shall serve for the week in a county court at law.          (i)  A county court at law has the same terms of court as a   district court in Grimes County.          (b)  The County Court at Law of Grimes County is created on   October 1, 2017.          SECTION 3.04.  (a)  Effective October 1, 2018, Section   25.1071, Government Code, is amended to read as follows:          Sec. 25.1071.  HAYS COUNTY. Hays County has the following   statutory county courts:                (1)  the County Court at Law No. 1 of Hays County; [and]                (2)  the County Court at Law No. 2 of Hays County; and                 (3)  the County Court at Law No. 3 of Hays County.          (b)  The County Court at Law No. 3 of Hays County is created   on October 1, 2018.   ARTICLE 4.  JUDICIAL OATHS          SECTION 4.01.  Chapter 602, Government Code, is amended by   adding Section 602.007 to read as follows:          Sec. 602.007.  FILING OF OATH MADE BY CERTAIN JUDICIAL   OFFICERS AND JUDICIAL APPOINTEES. The oath made and signed   statement executed as required by Section 1, Article XVI, Texas   Constitution, by any of the following judicial officers and   judicial appointees shall be filed with the secretary of state:                (1)  an officer appointed by the supreme court, the   court of criminal appeals, or the State Bar of Texas; and                (2)  an associate judge appointed under Subchapter B or   C, Chapter 201, Family Code.   ARTICLE 5.  EFFECTIVE DATE          SECTION 5.01.  Except as otherwise provided by this Act,   this Act takes effect September 1, 2017.     * * * * *