reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 22 - Appellate Courts › Subchapter C. Courts of Appeals › Section 22.228. Special Commissioner

Sec. 22.228.  SPECIAL COMMISSIONER.  (a)  The other justices of a court of appeals shall certify to the governor the following facts when they occur:
(1)  a justice of the court of appeals is totally disabled to discharge any of the duties of his office because of physical or mental illness that probably is permanent, has remained in that condition continuously for at least one year, and probably will continue to be incapacitated by the illness for the balance of his term of office;  or
(2)  a justice of the court of appeals has been called or ordered into the active military service of the United States.
(b)  On receipt of a certificate that a justice is disabled or on active military service, the governor shall investigate and verify the facts contained in the certificate.  If the governor determines that the appointment of a special commissioner is necessary, he promptly shall appoint a special commissioner who has the qualifications of a member of a court of appeals to assist the court.
(c)  A special commissioner may sit with the court, hear arguments on submitted cases, and write opinions on the cases if directed to do so by the court.  When the opinion of a special commissioner is adopted by the court of appeals, it becomes the opinion of the court.
(d)  A special commissioner appointed by the governor shall receive the same compensation as a regular justice of the courts of appeals.
(e)  A special commissioner who is appointed because of the disability of a justice serves on the court until the recovery from the disability, the death, or the expiration of the term of the disabled justice, except that a special commissioner may not serve for more than two years under the same appointment.  In the event of a recovery from the disability, a majority of the justices of the court of appeals shall certify to the governor that the disabled justice is recovered.  The certificate of a majority of the justices is conclusive evidence of the recovery of the disabled justice.
(f)  A special commissioner who is appointed because a justice is on active military service serves on the court until the discharge of the justice from the military service or the expiration of the term of the justice who is on military service, except that a special commissioner may not serve more than two years under the same appointment.  When the active military service of a justice of a court of appeals is terminated, the other justices of the court shall certify the termination to the governor.  The certificate of the other justices is conclusive evidence of the termination of the active military service.
(g)  This section does not give the members of a court of appeals or the governor the power to remove or suspend from office a justice of a court of appeals or to interfere with a justice in his constitutional rights and powers.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 22 - Appellate Courts › Subchapter C. Courts of Appeals › Section 22.229. Appellate Judicial System Fund

Sec. 22.229.  APPELLATE JUDICIAL SYSTEM FUND.  (a)  An appellate judicial system fund is established for each court of appeals, other than the Court of Appeals of the Fifteenth Court of Appeals District, to:
(1)  assist the court of appeals in the processing of appeals filed with the court of appeals from the county courts, statutory county courts, statutory probate courts, and district courts in the counties the court of appeals serves; and
(2)  defray costs and expenses incurred in the operation of the court of appeals.
(b)  To fund the appellate judicial system each county treasurer shall allocate to the fund the percentage of the local consolidated filing fee provided by Section 135.101(b)(1) or 135.102(b)(1), Local Government Code.
(c)  The fee required under Subsection (b)(2) shall be taxed, collected, and paid as other court costs in a suit.  The clerk of the court shall collect the fee and pay it to the county treasurer.
(d)  The county treasurer shall monthly forward the money collected under this section to the clerk of the court of appeals serving the county for deposit in the appellate judicial system fund.  The court of appeals may spend money in the fund for the purposes described by Subsection (a).  Money in the fund may not be used for any other purpose.
(e)  The chief justice of each court of appeals is responsible for the management of all money deposited in the appellate judicial system fund for the chief justice's court of appeals and has sole discretion on use of the money in the fund, except that the money must be used for purposes consistent with the purposes described by Subsection (a) for which the fund was established.
Added by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 2.01, eff. January 1, 2022.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 459 (S.B. 1045), Sec. 1.07, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 22 - Appellate Courts › Subchapter D. General Provisions › Section 22.301. Salaries of Officers and Personnel of Appellate Courts

Sec. 22.301.  SALARIES OF OFFICERS AND PERSONNEL OF APPELLATE COURTS.  The salaries of the state prosecuting attorney and the clerks, other officers, and employees of the supreme court, court of criminal appeals, and courts of appeals shall be determined by the legislature in its appropriation acts for the support of the judiciary.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 22 - Appellate Courts › Subchapter D. General Provisions › Section 22.3015. Expenses of Appellate Court Judge or Justice

Sec. 22.3015.  EXPENSES OF APPELLATE COURT JUDGE OR JUSTICE.  (a)  A justice of the supreme court, a judge of the court of criminal appeals, or a justice of a court of appeals engaged in the discharge of official duties in a county other than the justice's or judge's county of residence is entitled to traveling and other necessary expenses, as provided by Chapter 660.
(b)  A justice of the supreme court, a judge of the court of criminal appeals, or a justice of a court of appeals is entitled to receive from the state the actual and necessary postage, telegraph, and telephone expenses incurred in the discharge of official duties.
(c)  The expenses shall be paid by the state on a sworn itemized account showing the expenses.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 1.001, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 22 - Appellate Courts › Subchapter D. General Provisions › Section 22.302. Use of Teleconferencing Technology

Sec. 22.302.  USE OF TELECONFERENCING TECHNOLOGY.  (a)  At the discretion of its chief justice or presiding judge, the supreme court, the court of criminal appeals, or a court of appeals may order that oral argument be presented through the use of teleconferencing technology.  The court and the parties or their attorneys may participate in oral argument from any location through the use of teleconferencing technology.
(b)  In this section, "teleconferencing technology" means technology that provides for a conference of individuals in different locations, connected by electronic means, through both audio and video.
Added by Acts 1997, 75th Leg., ch. 732, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1085, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 22 - Appellate Courts › Subchapter D. General Provisions › Section 22.303. Recording of Certain Court Proceedings

Sec. 22.303.  RECORDING OF CERTAIN COURT PROCEEDINGS.  If appropriated funds or donations are available in the amount necessary to cover the cost, the supreme court and the court of criminal appeals shall make a video recording or other electronic visual and audio recording of each oral argument and public meeting of the court and post the recording on the court's Internet website.
Added by Acts 2017, 85th Leg., R.S., Ch. 1134 (H.B. 214), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 22 - Appellate Courts › Subchapter D. General Provisions › Section 22.304. Court Sitting in Panels for Certain Election Proceedings; Criminal Offense

Sec. 22.304.  COURT SITTING IN PANELS FOR CERTAIN ELECTION PROCEEDINGS; CRIMINAL OFFENSE.  (a)  In this section, "public official" means any person elected, selected, appointed, employed, or otherwise designated as an officer, employee, or agent of this state, a government agency, a political subdivision, or any other public body established by state law.
(b)  Notwithstanding any other law or rule, a court proceeding entitled to priority under Section 22.305 and filed in a court of appeals shall be docketed by the clerk of the court and assigned to a panel of three justices determined using an automated assignment system.
(c)  A person, including a public official, commits an offense if the person communicates with a court clerk with the intention of influencing or attempting to influence the composition of a three-justice panel assigned a specific proceeding under this section.
(d)  An offense under this section is a Class A misdemeanor.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 8.05, eff. December 2, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 22 - Appellate Courts › Subchapter D. General Provisions › Section 22.305. Priority of Certain Election Proceedings

Sec. 22.305.  PRIORITY OF CERTAIN ELECTION PROCEEDINGS.  (a)  The supreme court or a court of appeals shall prioritize over any other proceeding pending or filed in the court a proceeding for injunctive relief or for a writ of mandamus under Chapter 273, Election Code, pending or filed in the court on or after the 70th day before a general or special election.
(b)  If granted, oral argument for a proceeding described by Subsection (a) may be given in person or through electronic means.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 8.05, eff. December 2, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 22A - Special Three-Judge District Court › Section 22A.001. Eligible Proceedings

Sec. 22A.001.  ELIGIBLE PROCEEDINGS.  (a)  The attorney general may petition the chief justice of the supreme court to convene a special three-judge district court in any suit filed in a district court in this state in which this state or a state officer or agency is a defendant in a claim that:
(1)  challenges the finances or operations of this state's public school system; or
(2)  involves the apportionment of districts for the house of representatives, the senate, the State Board of Education, or the United States Congress, or state judicial districts.
(b)  A petition filed by the attorney general under this section stays all proceedings in the district court in which the original case was filed until the chief justice of the supreme court acts on the petition.
(c)  Within a reasonable time after receipt of a petition from the attorney general under Subsection (a), the chief justice of the supreme court shall grant the petition and issue an order transferring the case to a special three-judge district court convened as provided by Section 22A.002.
Added by Acts 2015, 84th Leg., R.S., Ch. 186 (S.B. 455), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 22A - Special Three-Judge District Court › Section 22A.002. Special Three-Judge District Court

Sec. 22A.002.  SPECIAL THREE-JUDGE DISTRICT COURT.  (a)  On receipt of a petition under Section 22A.001, the chief justice shall order a special three-judge district court to convene and shall appoint three persons to serve on the court as follows:
(1)  the district judge of the judicial district to which the original case was assigned;
(2)  one district judge of a judicial district other than a judicial district in the same county as the judicial district to which the original case was assigned; and
(3)  one justice of a court of appeals other than:
(A)  the court of appeals in the court of appeals district in which the original case was assigned; or
(B)  a court of appeals district in which the district judge appointed under Subdivision (2) sits.
(b)  A judge or justice appointed under Subsection (a)(2) or (3) must have been elected to that office and may not be serving an appointed term of office.
(c)  A special three-judge district court convened under this section shall conduct all hearings in the district court to which the original case was assigned and may use the courtroom, other facilities, and administrative support of the district court.
(d)  The comptroller shall pay from funds appropriated to the comptroller's judiciary section the travel expenses and other incidental costs related to convening a special three-judge district court under this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 186 (S.B. 455), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 9.01(a), eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 22A - Special Three-Judge District Court › Section 22A.003. Consolidation of Related Actions

Sec. 22A.003.  CONSOLIDATION OF RELATED ACTIONS.  (a)  In this section, "related case" means any case in which this state or a state officer or agency is a defendant that arises from the same nucleus of operative facts as the claim before a special three-judge district court under this chapter, regardless of the legal claims or causes of action asserted in the related case.
(b)  On the motion of any party to a case assigned to a special three-judge district court under Section 22A.002, the court by order shall consolidate with the cause of action before the court any related case pending in any district court or other court in this state.
(c)  A case consolidated under Subsection (b) must be transferred to the special three-judge district court if the court finds that transfer is necessary.  The transfer may occur without the consent of the parties to the related case or of the court in which the related case is pending.
Added by Acts 2015, 84th Leg., R.S., Ch. 186 (S.B. 455), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 22A - Special Three-Judge District Court › Section 22A.004. Application of Texas Rules of Civil Procedure

Sec. 22A.004.  APPLICATION OF TEXAS RULES OF CIVIL PROCEDURE.  (a)  Except as provided by this section, the Texas Rules of Civil Procedure and all other statutes and rules applicable to civil litigation in a district court in this state apply to proceedings before a special three-judge district court.
(b)  The supreme court may adopt rules for the operation of a special three-judge district court convened under this chapter and for the procedures of the court.
Added by Acts 2015, 84th Leg., R.S., Ch. 186 (S.B. 455), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 22A - Special Three-Judge District Court › Section 22A.005. Actions by Judge or Justice

Sec. 22A.005.  ACTIONS BY JUDGE OR JUSTICE.  (a)  With the unanimous consent of the three judges sitting on a special three-judge district court, a judge or justice of the court may:
(1)  independently conduct pretrial proceedings; and
(2)  enter interlocutory orders before trial.
(b)  A judge or justice of a special three-judge district court may not independently enter a temporary restraining order, temporary injunction, or any order that finally disposes of a claim before the court.
(c)  Any independent action taken by one judge or justice of a special three-judge district court related to a claim before the court may be reviewed by the entire court at any time before final judgment.
Added by Acts 2015, 84th Leg., R.S., Ch. 186 (S.B. 455), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 22A - Special Three-Judge District Court › Section 22A.006. Appeal

Sec. 22A.006.  APPEAL.  (a)  An appeal from an appealable interlocutory order or final judgment of a special three-judge district court is to the supreme court.
(b)  The supreme court may adopt rules for appeals from a special three-judge district court.
Added by Acts 2015, 84th Leg., R.S., Ch. 186 (S.B. 455), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 23 - General Provisions for Trial Courts › Subchapter A. Jurisdiction › Section 23.001. Juvenile Jurisdiction

Sec. 23.001.  JUVENILE JURISDICTION.  Each district court, county court, and statutory county court exercising any of the constitutional jurisdiction of either a county court or a district court has jurisdiction over juvenile matters and may be designated a juvenile court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 168, Sec. 5, eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 23 - General Provisions for Trial Courts › Subchapter B. Priority in Setting Hearings and Trials › Section 23.102. Secondary Priorities

Sec. 23.102.  SECONDARY PRIORITIES.  A matter not included in Section 23.101 shall be set at the discretion of the trial court in which the matter is pending, observing the following priorities:
(1)  precedence should be given to matters where delay will cause physical or economic injury to either the parties or the public;
(2)  matters involving substantial substantive or constitutional rights should take precedence over matters involving permits, licenses, or privileges;
(3)  precedence should be given matters involving important issues that greatly concern the public or materially affect the public welfare;  and
(4)  precedence should be given matters involving complete restoration of a ward's capacity or modification of a ward's guardianship.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 829, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 23 - General Provisions for Trial Courts › Subchapter B. Priority in Setting Hearings and Trials › Section 23.103. Effect on Other Laws

Sec. 23.103.  EFFECT ON OTHER LAWS.  Sections 23.101 and 23.102 do not affect a statute directing a specific court to give preference to cases involving that court's criminal jurisdiction, family law jurisdiction, or other specified jurisdiction.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 23 - General Provisions for Trial Courts › Subchapter C. Uniform Jury Handbook › Section 23.201. Definition

Sec. 23.201.  DEFINITION.  In this subchapter, "state bar" means the State Bar of Texas.
Added by Acts 1993, 73rd Leg., ch. 833, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 23 - General Provisions for Trial Courts › Subchapter C. Uniform Jury Handbook › Section 23.202. Uniform Jury Handbook; Contents

Sec. 23.202.  UNIFORM JURY HANDBOOK;  CONTENTS.  (a)  The state bar shall publish a uniform jury handbook that:
(1)  informs jurors in lay terminology of the duties and responsibilities of a juror;
(2)  explains basic trial procedures and legal terminology;  and
(3)  provides other practical information relating to jury service.
(b)  The state bar shall review and update the uniform jury handbook annually.  A Spanish language version of the handbook shall be published and made available.
Added by Acts 1993, 73rd Leg., ch. 833, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 23 - General Provisions for Trial Courts › Subchapter C. Uniform Jury Handbook › Section 23.203. Distribution of Handbook

Sec. 23.203.  DISTRIBUTION OF HANDBOOK.  (a)  The state bar shall distribute copies of the uniform jury handbook to each trial court of this state in sufficient numbers to meet the requirements of this subchapter.
(b)  The clerk of a trial court shall provide each juror in a civil or criminal case with a copy of the uniform jury handbook.  The juror shall read the handbook before the juror begins jury service.
(c)  The handbook is a public document.  The state bar or a trial court may distribute the handbook to promote the public's understanding of jury service.
Added by Acts 1993, 73rd Leg., ch. 833, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 23 - General Provisions for Trial Courts › Subchapter C. Uniform Jury Handbook › Section 23.204. Conflict With Instruction or Charge

Sec. 23.204.  CONFLICT WITH INSTRUCTION OR CHARGE.  If a provision of the uniform jury handbook is in conflict with an instruction or charge of a trial judge in a case, the instruction or charge supersedes the provision of the handbook.
Added by Acts 1993, 73rd Leg., ch. 833, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 23 - General Provisions for Trial Courts › Subchapter D. General Provisions › Section 23.301. Assignment of Certain Election Proceedings; Criminal Offense

Sec. 23.301.  ASSIGNMENT OF CERTAIN ELECTION PROCEEDINGS; CRIMINAL OFFENSE.  (a)  Notwithstanding any other law or rule, the clerk of a district court in which a proceeding entitled to priority under Section 23.101(b-1) is filed shall docket the proceeding and, if more than one district court in the county has jurisdiction over the proceeding, randomly assign the proceeding to a district court using an automated assignment system.
(b)  Notwithstanding any other law or rule, the clerk of a county court or statutory county court in which a proceeding entitled to priority under Section 23.101(b-1) is filed shall docket the proceeding and, if more than one court in the county has jurisdiction over the proceeding, randomly assign the proceeding to a court using an automated assignment system.
(c)  A person, including a public official, commits an offense if the person communicates with a county or district clerk with the intention of influencing or attempting to influence the court or judge assigned to a proceeding under this section.
(d)  An offense under this section is a Class A misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the person committed the offense while acting in the person's official capacity as an election official.
(e)  If a district or county clerk does not comply with this section, a person may seek from the supreme court or a court of appeals a writ of mandamus as provided by Section 273.061, Election Code, to compel compliance with this section.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 8.07, eff. December 2, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 23 - General Provisions for Trial Courts › Subchapter D. General Provisions › Section 23.302. Deadlines in Certain Election Proceedings

Sec. 23.302.  DEADLINES IN CERTAIN ELECTION PROCEEDINGS.  (a)  Not later than 24 hours after the proceeding is filed, a judge to whom a case is assigned under Section 23.301(b) who wishes to be recused from the proceeding must, before recusal:
(1)  hear an application for any emergency temporary relief sought;
(2)  grant or deny any emergency temporary relief sought; and
(3)  set a scheduling order that provides:
(A)  a date for a hearing on any injunction sought not later than five days after the date on which the proceeding was filed; and
(B)  discovery and deposition deadlines before the expiration of any emergency relief order entered.
(b)  The presiding judge of an administrative region shall assign a new judge to a proceeding assigned under Section 23.301(b) not later than 12 hours after the original judge assigned to the proceeding is recused under Subsection (a).
(c)  A final order in a proceeding filed under Section 273.081, Election Code, shall be submitted in writing to the parties not later than 24 hours after the judge makes a final determination in the proceeding.
(d)  If a district judge does not comply with this section, a person may seek from the supreme court, the court of criminal appeals, or a court of appeals a writ of mandamus as provided by Section 273.061, Election Code, to compel compliance with this section.
(e)  Notwithstanding Section 23.101(b-1), a proceeding relating to a permanent injunction being sought in connection to a challenge under Section 141.034, Election Code, may be heard after the primary election has been canvassed.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 8.07, eff. December 2, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.001. Age Qualification of Judges

Sec. 24.001.  AGE QUALIFICATION OF JUDGES.  A district judge must be at least 25 years old.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.002. Assignment of Judge or Transfer of Case on Recusal

Sec. 24.002.  ASSIGNMENT OF JUDGE OR TRANSFER OF CASE ON RECUSAL.  If a district judge determines on the judge's own motion that the judge should not sit in a case pending in the judge's court because the judge is disqualified or otherwise should recuse himself or herself, the judge shall enter a recusal order, request the presiding judge of that administrative judicial region to assign another judge to sit, and take no further action in the case except for good cause stated in the order in which the action is taken.  A change of venue is not necessary because of the disqualification of a district judge in a case or proceeding pending in the judge's court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 3.01, eff. January 1, 2012.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.003. Transfer of Cases; Exchange of Benches

Sec. 24.003.  TRANSFER OF CASES; EXCHANGE OF BENCHES.  (a)  This section applies only to counties with two or more district courts.
(b)  Unless provided otherwise by the local rules of administration, a district judge in the county may:
(1)  except as provided by Subsection (b-1), transfer any civil or criminal case or proceeding on the court's docket, other than a case governed by Chapter 155, Family Code, to the docket of another district court in the county;
(2)  hear and determine any case or proceeding pending in another district court in the county without having the case transferred;
(3)  sit for another district court in the county and hear and determine any case or proceeding pending in that court;
(4)  temporarily exchange benches with the judge of another district court in the county;
(5)  try different cases in the same court at the same time; and
(6)  occupy the judge's own courtroom or the courtroom of another district court in the county.
(b-1)  Notwithstanding the local rules of administration, a district judge may not transfer any civil or criminal case or proceeding to the docket of another district court without the consent of the judge of the court to which it is transferred.
(c)  If a district judge in the county is sick or otherwise absent, another district judge in the county may hold court for the judge.
(d)  A district judge in the county may hear and determine any part or question of any case or proceeding pending in any of the district courts, and any other district judge may complete the hearing and render judgment in the case or proceeding.  A district judge may hear and determine motions, including motions for new trial, petitions for injunction, applications for the appointment of a receiver, interventions, pleas in abatement, dilatory pleas, and all preliminary matters, questions, and proceedings, and may enter judgment or order on them in the court in which the case or proceeding is pending without transferring the case or proceeding.  The district judge in whose court the matter is pending may proceed to hear, complete, and determine the matter, or all or any part of another matter, and render a final judgment.  A district judge may issue a restraining order or injunction that is returnable to any other district court.
(e)  A judgment or order shall be entered in the minutes of the court in which the case is pending.
(f)  This section does not limit the powers of a district judge when acting for another judge by exchange of benches or otherwise.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 90, Sec. 1, eff. Aug. 30, 1993.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 3.02, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 962 (H.B. 1875), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.004. Special Judge by Agreement of Parties

Sec. 24.004.  SPECIAL JUDGE BY AGREEMENT OF PARTIES.  If the parties agree on a special judge for the trial of a particular case, the clerk shall enter in the minutes of the court, as a part of the proceedings in the case, a record showing:
(1)  that the judge of the court is disqualified to try the case;
(2)  the name of the special judge and that the parties agreed on the selection of that judge for the trial of the case;  and
(3)  that the oath prescribed by law was administered to the special judge.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.006. Salary of Special Judge

Sec. 24.006.  SALARY OF SPECIAL JUDGE.  (a)  This section applies to payment of salary to:
(1)  a special judge commissioned by the governor as provided by Article V, Section 11, of the Texas Constitution;  and
(2)  a special judge agreed on by the parties as provided by Section 24.004.
(b)  Each special judge is entitled to receive for each day served as a special judge the same daily salary that a district judge receives.
(c)  A special judge commissioned by the governor is also entitled to receive the same daily salary that a district judge receives for each day necessary for the special judge to travel to and from the court.
(d)  The daily salary is determined by dividing the annual salary of a district judge by 365.
(e)  In order to obtain his salary, a special judge commissioned by the governor must present his sworn account to the comptroller showing the number of travel days that were necessary.  The judge must also give the comptroller evidence that the judge was duly commissioned.  The account must be certified as correct by the judge of the district or by the court clerk of the court in which he served.
(f)  A special judge agreed on by the parties or elected by the practicing lawyers shall be paid on presenting to the comptroller the certificate of the clerk of the court in which he served and the judge's sworn account.  The clerk's certificate must show the record of the judge's election or appointment and must show that the judge performed services in the court.  The judge's sworn account must show the number of days that he served as the special judge.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 90, Sec. 4, eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.007. Jurisdiction

Sec. 24.007.  JURISDICTION.  (a)  The district court has the jurisdiction provided by Article V, Section 8, of the Texas Constitution.
(b)  A district court has original jurisdiction of a civil matter in which the amount in controversy is more than $500, exclusive of interest.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 148, Sec. 1.36, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 3.02, eff. January 1, 2012.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.008. Other Jurisdiction

Sec. 24.008.  OTHER JURISDICTION.  The district court may hear and determine any cause that is cognizable by courts of law or equity and may grant any relief that could be granted by either courts of law or equity.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.009. Jurisdictional Amount if Parties Properly Join in One Suit

Sec. 24.009.  JURISDICTIONAL AMOUNT IF PARTIES PROPERLY JOIN IN ONE SUIT.  If two or more persons originally and properly join in one suit, the suit for jurisdictional purposes is treated as if one party is suing for the aggregate amount of all their claims added together, excluding interest and costs.  This section does not prevent jurisdiction from attaching on any other ground.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.010. Jurisdiction of Failure to Pay Over Certain Money

Sec. 24.010.  JURISDICTION OF FAILURE TO PAY OVER CERTAIN MONEY.  The district court may hear and determine:
(1)  motions against sheriffs and other officers of the court for failure to pay over money collected under the process of the court or other defalcation of duty in connection with the process;  and
(2)  motions against attorneys for money collected by them and not paid over.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.011. Writ Power

Sec. 24.011.  WRIT POWER.  A judge of a district court may, either in termtime or vacation, grant writs of mandamus, injunction, sequestration, attachment, garnishment, certiorari, and supersedeas and all other writs necessary to the enforcement of the court's jurisdiction.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.012. Terms and Sessions of Court

Sec. 24.012.  TERMS AND SESSIONS OF COURT.  (a)  Except as provided by Subsections (a-1) and (a-2) and Section 24.0125, notwithstanding any other law, each district court holds in each county in the judicial district terms that commence on the first Mondays in January and July of each year.  To the extent of a conflict between this subsection and a specific provision relating to a particular judicial district, this section controls.
(a-1)  The term of the 47th District Court in Armstrong County begins on the first Monday in January.
(a-2)  In Harris County each district court holds terms that commence on the first Mondays in February, May, August, and November of each year.
(b)  Except as otherwise provided by this chapter, the terms of each district, family district, and criminal district court are continuous.  Each term begins on a day fixed by law and continues until the day fixed by law for the beginning of the next succeeding term.
(c)  The commencement of a term of court is not affected by the fact that the first day of the term falls on a legal holiday or the judge is absent from the county on the first day of the term.
(d)  A district judge may hold as many sessions of court in a county as he considers proper and expedient for the dispatch of business and may adopt rules for that purpose as authorized by the statutes of this state and the Texas Rules of Civil Procedure.
(e)  A district judge may hear a nonjury matter relating to a civil or criminal case at a correctional facility in the county in which the case is filed or prosecuted if a party to the case or the criminal defendant is confined in the correctional facility.  For purposes of this subsection, "correctional facility" has the meaning assigned by Section 1.07, Penal Code.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 1494, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 3.03, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 1081 (H.B. 3378), Sec. 1, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 1082 (H.B. 3481), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 507 (S.B. 40), Sec. 2, eff. June 7, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.0125. Terms and Sessions of Court Following Certain Disasters

Sec. 24.0125.  TERMS AND SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS.  Notwithstanding any other law, if a disaster, as defined by Section 418.004, precludes a district court from holding its judicial district terms in accordance with Section 24.012, the presiding judge of the administrative judicial region, with the approval of the judge of the affected district court, may designate the terms and sessions of court.
Added by Acts 2019, 86th Leg., R.S., Ch. 507 (S.B. 40), Sec. 3, eff. June 7, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.014. Special Terms

Sec. 24.014.  SPECIAL TERMS.  (a)  A district judge may set a time for and hold a special term in any county in his district.
(b)  The judge may impanel grand and petit jurors as provided by law.  The jurors may be summoned to appear before the court at the time designated by the judge.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 929 , Sec. 21(2), eff. September 1, 2015.
(d)  A new civil case may not be brought to a special term of the court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 929 (H.B. 2150), Sec. 12, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 929 (H.B. 2150), Sec. 21(2), eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.015. Procedure at Special Term

Sec. 24.015.  PROCEDURE AT SPECIAL TERM.  (a)  Juries for special terms authorized by Section 24.014 shall be summoned in the manner provided by law for regular terms.
(b)  Any proceeding in a case that may be held at a regular term may also be held at a special term.
(c)  The following procedures in any civil or criminal case are the same and have the same force and effect when done at a special term as though done at a regular term:
(1)  the issuance of process, whether to a regular term or a special term;
(2)  the conduct of proceedings;
(3)  the issuance of an order, judgment, or decree;  and
(4)  an appeal.
(d)  A proceeding held at a special term may be appealed as if it were held at a regular term.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.016. Appointed Counsel

Sec. 24.016.  APPOINTED COUNSEL.  A district judge may appoint counsel to attend to the cause of a party who makes an affidavit that he is too poor to employ counsel to attend to the cause.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.017. Proceedings in Multicounty Districts

Sec. 24.017.  PROCEEDINGS IN MULTICOUNTY DISTRICTS.  (a)  This section applies in judicial districts that are composed of more than one county.
(b)  Except as provided by this section, the judge of a district court may, in any county in his judicial district:
(1)  hear and determine all preliminary and interlocutory matters in which a jury may not be demanded;
(2)  hear and determine uncontested or agreed cases and contests of elections pending in his district, unless a party to the suit objects;  and
(3)  sign all necessary orders and judgments in those matters.
(c)  The judge may sign an order or decree in any case pending for trial or on trial before him in any county in his district at a place that is convenient to the judge and forward the order or decree to the clerk for filing and entry.
(d)  A district judge who is assigned to preside in a court of another judicial district or is presiding in exchange or at the request of the regular judge of the court may, in the manner provided by this section for the regular judge, hear, determine, and enter the orders, judgments, and decrees in a case that is pending for trial or has been tried before the visiting judge.
(e)  All contested divorce cases, all default judgments, and all cases in which any of the parties are cited by publication must be tried in the county in which the case is filed unless other law authorizes the case to be tried in another county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.018. Certain Effect of District Reorganization

Sec. 24.018.  CERTAIN EFFECT OF DISTRICT REORGANIZATION.  If the counties that compose a judicial district or the time or place for holding terms of a district court are changed by law:
(1)  the process and writs issued from the district court and made returnable to a term of court fixed by the law at the time of the issuance are returnable to the next term of the court as fixed by the amended law and are as legal and valid as if they were made returnable to the term of the court as fixed by the amended law;
(2)  the grand and petit jurors selected or drawn under the prior law in any county in the judicial district are lawfully selected or drawn for the next term of the district court of the county as fixed by the amended law;  and
(3)  the obligees in all appearance bonds and recognizances taken in and for the district court and the witnesses summoned to appear before the district court under the prior law are required to appear at the next term of the court as fixed by the amended law.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.019. Expenses of District Judge

Sec. 24.019.  EXPENSES OF DISTRICT JUDGE.  (a)  A district judge engaged in the discharge of official duties in a county other than the judge's county of residence is entitled to traveling and other necessary expenses, as provided by Chapter 660.
(b)  A district judge is entitled to receive from the state the actual and necessary postage, telegraph, and telephone expenses incurred in the discharge of official duties.
(c)  The expenses shall be paid by the state on a sworn itemized account showing the expenses.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(105), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.020. Jurisdiction Over Commissioners Court

Sec. 24.020.  JURISDICTION OVER COMMISSIONERS COURT.  The district court has appellate jurisdiction and general supervisory control over the commissioners court, with the exceptions and regulations prescribed by law.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 1.37, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.021. Incompetency

Sec. 24.021.  INCOMPETENCY.  For purposes of Article XV, Section 6, of the Texas Constitution, "incompetency" means:
(1)  gross ignorance of official duties;
(2)  gross carelessness in the discharge of official duties;  or
(3)  inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of the judge's election.
Added by Acts 1987, 70th Leg., ch. 149, Sec. 18, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.022. Effect of Transfer of Certain Cases Following Creation of Additional Court

Sec. 24.022.  EFFECT OF TRANSFER OF CERTAIN CASES FOLLOWING CREATION OF ADDITIONAL COURT.  (a)  On the creation of an additional district court in a county, an existing district court in the county may transfer to the new court a case regarding a child who is subject to the continuing exclusive jurisdiction of the existing court under Title 5, Family Code, regardless of whether the case is pending in the existing court or the existing court rendered a final order in the case.
(b)  The district court to which the case is transferred under this section acquires continuing exclusive jurisdiction under Title 5, Family Code, over the child.
Added by Acts 2001, 77th Leg., ch. 1148, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.023. Obligations; Bonds

Sec. 24.023.  OBLIGATIONS; BONDS.  (a)  When a case is transferred from one court to another, all processes, writs, bonds, recognizances, and other obligations issued by the transferring court are returnable to the court to which the case is transferred as if originally issued by that court.
(b)  The obligees in all bonds and recognizances taken in and for a court from which a case is transferred, and all witnesses summoned to appear in a district court from which a case is transferred, are required to appear before the court to which the case is transferred as if the bond, recognizance, or summons was taken in or for that court.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 3.04, eff. January 1, 2012.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 24 - District Courts › Subchapter A. General Provisions › Section 24.024. Filing and Docketing Cases

Sec. 24.024.  FILING AND DOCKETING CASES.  In a county with two or more district courts, the district judges may adopt rules governing the filing and numbering of cases, the assignment of cases for trial, and the distribution of the work of the courts as in their discretion they consider necessary or desirable for the orderly dispatch of the business of the courts.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 3.04, eff. January 1, 2012.