reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter F. Multicounty Statutory County Courts in Particular Counties › Section 25.2703. 2nd Multicounty Court at Law (Bee, Live Oak, and Mcmullen Counties)

Sec. 25.2703.  2ND MULTICOUNTY COURT AT LAW (BEE, LIVE OAK, AND MCMULLEN COUNTIES).  Bee, Live Oak, and McMullen Counties have a multicounty statutory county court composed of those counties, the 2nd Multicounty Court at Law.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 2.024(a), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter F. Multicounty Statutory County Courts in Particular Counties › Section 25.2704. 2nd Multicounty Court at Law Provisions

Sec. 25.2704.  2ND MULTICOUNTY COURT AT LAW PROVISIONS.  (a)  In addition to the jurisdiction provided by Section 25.0003 and  other law, the 2nd Multicounty Court at Law has concurrent jurisdiction with the district courts, except in civil cases in which the matter in controversy exceeds the amount provided by Section 25.0003(c)(1).
(b)  Bee County is the administrative county for the 2nd Multicounty Court at Law.
(c)  Bee, Live Oak, and McMullen Counties shall enter into an interlocal agreement allocating the financial obligations of each county in relation to the county court at law and the budget, powers, and duties of the court and salaries of court personnel.
(d)  If the counties served by the county court at law are unable to reach an agreement under Subsection (c) before the first day of the fiscal year for a county served by the court, each county shall pay to the court's administrative county a share of the court's administrative and operational costs for the fiscal year based on the proportion of the court's caseload originating in the county during the preceding year.  A county is entitled to compensation from the state under Section 25.0015 in proportion to the amount paid under this subsection.
(e)  The district clerk serves as clerk of the county court at law in matters of concurrent jurisdiction with the district court, and the county clerk serves as clerk of the county court at law in all other cases.
(f)  Sections 25.0006, 25.0008, and 74.054(b) do not apply to the county court at law.
(g)  Notwithstanding Section 74.121(b)(1), in matters of concurrent jurisdiction, the judge of the 2nd Multicounty Court at Law and the judges of the district courts in Bee, Live Oak, and McMullen Counties may exchange benches and courtrooms and may transfer cases between their dockets in the same manner that judges of district courts exchange benches and courtrooms and transfer cases under Section 24.003.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 2.024(a), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25A - Business Court › Section 25A.002. Creation

Sec. 25A.002.  CREATION.  The business court is a statutory court created under Section 1, Article V, Texas Constitution.
Added by Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 1, eff. September 1, 2023.
For expiration of Subsections (d), (g), (h), (i), (k), (l), and (n), see Subsection (n).
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25A - Business Court › Section 25A.005. Judicial Authority

Sec. 25A.005.  JUDICIAL AUTHORITY.  A business court judge has all powers, duties, immunities, and privileges of a district judge.
Added by Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25A - Business Court › Section 25A.007. Appeals

Sec. 25A.007.  APPEALS.  (a)  Notwithstanding any other law and except as provided by Subsection (b) and in instances when the supreme court has concurrent or exclusive jurisdiction, the Fifteenth Court of Appeals has exclusive jurisdiction over an appeal from an order or judgment of the business court or an original proceeding related to an action or order of the business court.
(b)  If the Fifteenth Court of Appeals is not created, an appeal from an order or judgment of the business court or an original proceeding related to an action or order of the business court shall be filed in the court of appeals with appellate jurisdiction of civil cases for the county declared in an order under Section 25A.006(l).
(c)  The procedure governing an appeal or original proceeding from the business court is the same as the procedure for an appeal or original proceeding from a district court.
Added by Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25A - Business Court › Section 25A.008. Qualifications of Judge

Sec. 25A.008.  QUALIFICATIONS OF JUDGE.  (a)  A business court judge must:
(1)  be at least 35 years of age;
(2)  be a United States citizen;
(3)  have been a resident of a county within the division of the business court to which the judge is appointed for at least five years before appointment; and
(4)  be a licensed attorney in this state who has 10 or more years of experience in:
(A)  practicing complex civil business litigation;
(B)  practicing business transaction law;
(C)  serving as a judge of a court in this state with civil jurisdiction; or
(D)  any combination of experience described by Paragraphs (A)-(C).
(b)  A business court judge may not have had the judge's license to practice law revoked, suspended, or subject to a probated suspension.
Added by Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25A - Business Court › Section 25A.009. Appointment of Judges; Term; Presiding Judge; Exchange of Benches

Sec. 25A.009.  APPOINTMENT OF JUDGES; TERM; PRESIDING JUDGE; EXCHANGE OF BENCHES.  (a)  The governor, with the advice and consent of the senate, shall appoint:
(1)  two judges to each of the First, Third, Fourth, Eighth, and Eleventh Divisions of the business court; and
(2)  one judge to each of the Second, Fifth, Sixth, Seventh, Ninth, and Tenth Divisions of the business court.
(b)  A business court judge shall serve for a term of two years, beginning on September 1 of every even-numbered year.
(c)  A business court judge may be reappointed.
(d)  Not later than the seventh day after the first day of a term, the business court judges by majority vote shall select a judge of the court to serve as administrative presiding judge for the duration of the term.  If a vacancy occurs in the position of administrative presiding judge, the remaining business court judges shall select a judge of the court to serve as administrative presiding judge for the remainder of the unexpired term as soon as practicable.
(e)  A business court judge shall take the constitutional oath of office required of appointed officers of this state and file the oath with the secretary of state.
(f)  To promote the orderly and efficient administration of justice, the business court judges may exchange benches and sit and act for each other in any matter pending before the court.
Added by Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25A - Business Court › Section 25A.010. Vacancy

Sec. 25A.010.  VACANCY.  If a vacancy occurs in an office of a business court judge, the governor, with the advice and consent of the senate, shall appoint, in the same manner as the original appointment, another person to serve for the remainder of the unexpired term.
Added by Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25A - Business Court › Section 25A.011. Judge's Salary

Sec. 25A.011.  JUDGE'S SALARY.  The salary of a business court judge is the amount provided by Section 659.012 and shall be paid in equal monthly installments.
Added by Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25A - Business Court › Section 25A.012. Removal; Disqualification and Recusal

Sec. 25A.012.  REMOVAL; DISQUALIFICATION AND RECUSAL.  (a)  A business court judge may be removed from office in the same manner and for the same reasons as a district judge.
(b)  A business court judge is disqualified and subject to mandatory recusal for the same reasons a district judge is subject to disqualification or recusal in a pending case. Disqualification or recusal of a business court judge shall be governed by the same procedure as disqualification or recusal of a district judge.
Added by Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25A - Business Court › Section 25A.013. Private Practice of Law

Sec. 25A.013.  PRIVATE PRACTICE OF LAW.  A business court judge shall diligently discharge the duties of the office on a full-time basis and may not engage in the private practice of law.
Added by Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25A - Business Court › Section 25A.014. Visiting Judge

Sec. 25A.014.  VISITING JUDGE.  (a)  A retired or former judge or justice who has the qualifications prescribed by Section 25A.008 may be assigned as a visiting judge of a division of the business court by the chief justice of the supreme court.  A visiting judge of a division of the business court is subject to objection, disqualification, or recusal in the same manner as a retired or former judge or justice is subject to objection, disqualification, or recusal if appointed as a visiting district judge.
(b)  Before accepting an assignment as a visiting judge of a division of the business court, a retired or former judge or justice shall take the constitutional oath of office required of appointed officers of this state and file the oath with the secretary of state.
Added by Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25A - Business Court › Section 25A.015. Jury Practice and Procedure; Venue for Jury Trial

Sec. 25A.015.  JURY PRACTICE AND PROCEDURE; VENUE FOR JURY TRIAL.  (a)  A party in an action pending in the business court has the right to a trial by jury when required by the constitution.
(b)  Subject to Subsection (d), a jury trial in a case filed initially in the business court shall be held in any county in which the case could have been filed under Section 15.002, Civil Practice and Remedies Code, as chosen by the plaintiff.
(c)  Subject to Subsections (b) and (d), a jury trial in a case removed to the business court shall be held in the county in which the action was originally filed.
(d)  A jury trial for a case in which a written contract specifies a county as venue for suits shall be held in that county.
(e)  The parties and the business court judge may agree to hold the jury trial in any other county.  A party may not be required to agree to hold the jury trial in a different county.
(f)  The drawing of jury panels, selection of jurors, and other jury-related practice and procedure in the business court shall be the same as for the district court in the county in which the trial is held.
(g)  Practice, procedure, rules of evidence, issuance of process and writs, and all other matters pertaining to the conduct of trials, hearings, and other business in the business court are governed by the laws and rules prescribed for district courts, unless otherwise provided by this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25A - Business Court › Section 25A.016. Written Opinions

Sec. 25A.016.  WRITTEN OPINIONS.  The supreme court shall adopt rules for the issuance of written opinions by the business court.
Added by Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25A - Business Court › Section 25A.0171. Administrative Attachment to Office of Court Administration; Report

Sec. 25A.0171.  ADMINISTRATIVE ATTACHMENT TO OFFICE OF COURT ADMINISTRATION; REPORT.  (a)  The business court is administratively attached to the Office of Court Administration of the Texas Judicial System.
(b)  The Office of Court Administration of the Texas Judicial System shall provide administrative support to the business court as necessary to enable the business court to carry out its duties under this chapter.
(c)  The Office of Court Administration of the Texas Judicial System may employ personnel necessary to provide administrative support to the business court under this chapter.
(d)  Only the business court may exercise the duties of the business court under this chapter.  Except as otherwise provided by this chapter, the Office of Court Administration of the Texas Judicial System does not have any authority or responsibility related to the duties of the business court under this chapter.
(e)  Not later than December 1 of each year, the Office of Court Administration of the Texas Judicial System shall submit to the legislature a report on the number and types of cases heard by the business court in the preceding year.
Added by Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25A - Business Court › Section 25A.018. Fees

Sec. 25A.018.  FEES.  The supreme court shall set fees for filings and actions in the business court in amounts sufficient to cover the costs of administering this chapter, taking into account fee waivers necessary for the interest of justice.
Added by Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25A - Business Court › Section 25A.019. Seal

Sec. 25A.019.  SEAL.  The seal of the business court is the same as that provided by law for a district court except that the seal must contain the name "The Business Court of Texas."
Added by Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25A - Business Court › Section 25A.020. Rules

Sec. 25A.020.  RULES.  (a)  The supreme court shall adopt rules of civil procedure as the court determines necessary, including rules providing for:
(1)  the timely and efficient removal and remand of cases to and from the business court; and
(2)  the assignment of cases to judges of the business court.
(b)  The business court may adopt rules of practice and procedure consistent with the Texas Rules of Civil Procedure and the Texas Rules of Evidence.
Added by Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter A. General Provisions › Section 26.001. Bond

Sec. 26.001.  BOND.  (a)  Before beginning the duties of the office, the county judge must execute a bond that:
(1)  is payable to the treasurer of the county;
(2)  is in the amount set by the commissioners court of:
(A)  subject to Paragraph (B), not less than $1,000 nor more than $10,000; or
(B)  for a county judge presiding in the county court over guardianship proceedings, as defined by Section 1002.015, Estates Code, or over probate proceedings, as defined by Section 22.029, Estates Code, not less than:
(i)  $100,000 for a court in a county with a population of 125,000 or less; or
(ii)  $250,000 for a court in a county with a population of more than 125,000; and
(3)  is conditioned that the judge will:
(A)  faithfully perform all duties of office; and
(B)  for a county judge presiding in the county court over guardianship or probate proceedings, perform the duties required by the Estates Code.
(b)  The bond executed as required by Subsection (a) must be approved by the commissioners court.
(c)  In lieu of the bond required by Subsection (a)(2)(B), a county may elect to obtain insurance against losses caused by the gross negligence of a county judge in performing the duties of office.  The commissioners court of a county shall pay the premium for the insurance out of the general funds of the county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 515 (S.B. 40), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter A. General Provisions › Section 26.002. Terms; Terms and Sessions of Court Following Certain Disasters

Sec. 26.002.  TERMS; TERMS AND SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS.  (a)  By order entered on its records, the commissioners court subject to Subsection (b-1) may fix the number of court terms, may set the times at which the terms shall be held, including the four terms required by the constitution, and may set the length of each term.
(b)  Notwithstanding Subsection (a), the court must be open at all times for the transaction of probate business.
(b-1)  Notwithstanding any other law, if a disaster, as defined by Section 418.004, precludes a county court from holding its terms in accordance with the order of the commissioners court, the presiding judge of the administrative judicial region, with the approval of the county judge, may designate the terms and sessions of court.
(c)  All terms of court must be held at the county seat.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 149, Sec. 20, eff. Sept. 1, 1987.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 507 (S.B. 40), Sec. 9, eff. June 7, 2019.
Acts 2019, 86th Leg., R.S., Ch. 507 (S.B. 40), Sec. 10, eff. June 7, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter A. General Provisions › Section 26.003. Adjournment of Court by Sheriff or Constable

Sec. 26.003.  ADJOURNMENT OF COURT BY SHERIFF OR CONSTABLE.  If the county judge fails to appear at the time appointed for holding court and a visiting judge is not appointed, the sheriff shall adjourn the court from day to day for three days.  If the sheriff fails to adjourn the court, a constable shall do so.  If the judge does not appear on the fourth day and no visiting judge is appointed, the sheriff or constable shall adjourn the court until the next regular term.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 1388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter A. General Provisions › Section 26.004. Minutes of Court

Sec. 26.004.  MINUTES OF COURT.  (a)  Each morning, the minutes of the proceedings of the preceding day shall be read in open court.  On the last day of the session, the minutes shall be read, corrected if necessary, and signed in open court by the county judge.
(b)  A visiting judge shall sign the minutes of the proceedings before the visiting judge.
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 602, Sec. 19(1), eff. June 19, 2009.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 1388, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 602 (H.B. 585), Sec. 19(1), eff. June 19, 2009.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter A. General Provisions › Section 26.005. Seal

Sec. 26.005.  SEAL.  (a)  Each county court shall be provided with a seal that has a star with five points engraved in the center.  The seal must also have "County Court of ____________ County, Texas" engraved on it.
(b)  The seal shall be impressed on all process other than subpoenas issued out of the court and shall be used to authenticate the official acts of the county clerk and county judge. The seal may be created using electronic means, including by using an optical disk or another electronic reproduction technique, if the means by which the seal is impressed on an original document created using the same type of electronic means does not allow for changes, additions, or deletions to be made to the document.
(c)  The signature of the county clerk may be affixed on an original document using electronic means, provided those means meet the requirements described by Subsection (b).
(d)  A seal impressed or a signature affixed by electronic means may be delivered or transmitted electronically.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 946 (H.B. 1728), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter A. General Provisions › Section 26.006. Salary Supplement From State for Certain County Judges

Sec. 26.006.  SALARY SUPPLEMENT FROM STATE FOR CERTAIN COUNTY JUDGES.  (a)  A county judge is entitled to an annual salary supplement from the state in an amount equal to 18 percent of the state base salary paid to a district judge as set by the General Appropriations Act in accordance with Section 659.012(a) if at least 18 percent of the:
(1)  functions that the judge performs are judicial functions; or
(2)  total hours that the judge works are in the performance of judicial functions.
(b)  To receive a supplement under Subsection (a), a county judge must file with the comptroller's judiciary section an affidavit stating that at least 18 percent of the:
(1)  functions that the judge performs are judicial functions; or
(2)  total hours that the judge works are in the performance of judicial functions.
(c)  The commissioners court in a county with a county judge who is entitled to receive a salary supplement under this section may not reduce the county funds provided for the salary or office of the county judge as a result of the salary supplement required by this section.
Added by Acts 1997, 75th Leg., ch. 1166, Sec. 3, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1467, Sec. 1.08, eff. June 19, 1999;  Acts 1999, 76th Leg., ch. 1572, Sec. 4, eff. Oct. 1, 1999.
Amended by:
Acts 2005, 79th Leg., 2nd C.S., Ch. 3 (H.B. 11), Sec. 2, eff. December 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1353 (S.B. 497), Sec. 1, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 850 (S.B. 1025), Sec. 1, eff. June 17, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 7, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 2.12(a), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter A. General Provisions › Section 26.009. Location of Proceedings Following Certain Disasters

Sec. 26.009.  LOCATION OF PROCEEDINGS FOLLOWING CERTAIN DISASTERS.  (a)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 507 (S.B. 40), Sec. 17, eff. June 7, 2019.
(b)  Notwithstanding any other law, including Section 26.002(c), if a disaster, as defined by Section 418.004, precludes the county court from conducting its proceedings at the county seat, the presiding judge of the administrative judicial region, with the approval of the judge of the affected county court, may designate for the proceedings an alternate location:
(1)  in the county; or
(2)  outside the county at the location the presiding judge determines is closest in proximity to the county seat that allows the court to safely and practicably conduct its proceedings, provided the presiding judge of the administrative judicial region for the designated location approves if that presiding judge is not the presiding judge making the designation.
Added by Acts 2007, 80th Leg., R.S., Ch. 1076 (H.B. 2766), Sec. 4, eff. June 15, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 507 (S.B. 40), Sec. 11, eff. June 7, 2019.
Acts 2019, 86th Leg., R.S., Ch. 507 (S.B. 40), Sec. 17, eff. June 7, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter A. General Provisions › Section 26.010. Appointment of Counsel in Certain Appeals

Sec. 26.010.  APPOINTMENT OF COUNSEL IN CERTAIN APPEALS.  (a)  On a written application of any party to an eviction suit, the county court or county court at law in which an appeal of the suit is filed may appoint any qualified attorney who is willing to provide pro bono services in the matter or counsel from a list provided by a pro bono legal services program of counsel willing to be appointed to handle appeals under this section to attend to the cause of a party who:
(1)  was in possession of the residence at the time the eviction suit was filed in the justice court; and
(2)  has perfected the appeal on a pauper's affidavit approved in accordance with Rule 749a, Texas Rules of Civil Procedure.
(b)  The appointed counsel shall represent the individual in the proceedings of the suit in the county court or county court at law.  At the conclusion of those proceedings, the appointment terminates.
(c)  The court may terminate representation appointed under this section for cause.
(d)  Appointed counsel may not receive attorney's fees unless the recovery of attorney's fees is provided for by contract, statute, common law, court rules, or other regulations.  The county is not responsible for payment of attorney's fees to appointed counsel.
(e)  The court shall provide for a method of service of written notice on the parties to an eviction suit of the right to request an appointment of counsel on perfection of appeal on approval of a pauper's affidavit.
Added by Acts 2009, 81st Leg., R.S., Ch. 1183 (H.B. 3637), Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 5, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter B. Appointment of Visiting Judge › Section 26.011. Assignment of Visiting Judge

Sec. 26.011.  ASSIGNMENT OF VISITING JUDGE.  If a county judge is absent, incapacitated, or disqualified in a civil or criminal case, the presiding judge shall appoint a visiting judge to hear the case in accordance with Subchapter C, Chapter 74.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 1388, Sec. 4, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter B. Appointment of Visiting Judge › Section 26.012. Assignment of Visiting Judge for Probate, Guardianship, and Mental Health Matters

Sec. 26.012.  ASSIGNMENT OF VISITING JUDGE FOR PROBATE, GUARDIANSHIP, AND MENTAL HEALTH MATTERS.  (a) If the county judge is absent, incapacitated, recused, or disqualified to act in a probate, guardianship, or mental health matter, a visiting judge shall be assigned in accordance with Section 25.0022(h).
(b)  Notwithstanding Section 25.0022(t)(4), a visiting judge may be assigned under this section if the judge has served as an active judge for at least 48 months in a statutory probate court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 1388, Sec. 5, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 820, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 35, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 383 (H.B. 103), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter B. Appointment of Visiting Judge › Section 26.015. Visiting Judge to Take Oath

Sec. 26.015.  VISITING JUDGE TO TAKE OATH.  In addition to any oath previously taken, a person appointed as a visiting judge of a constitutional county court, including a person who is a retired, former, or active judge, shall take the oath of office required by the constitution.
Added by Acts 1995, 74th Leg., ch. 456, Sec. 4, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 782, Sec. 6, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1388, Sec. 6, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter B. Appointment of Visiting Judge › Section 26.016. Record

Sec. 26.016.  RECORD.  When a visiting judge is appointed, the clerk shall enter in the minutes as a part of the proceedings in the cause a record that gives the visiting judge's name and shows that:
(1)  the judge of the court was disqualified, absent, or disabled to try the cause;
(2)  the visiting judge was appointed;  and
(3)  in addition to any oath previously taken, the oath of office prescribed by law for the visiting judge, including a person who is a retired, former, or active judge, was duly administered to the visiting judge.
Added by Acts 1995, 74th Leg., ch. 456, Sec. 4, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 782, Sec. 6, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1388, Sec. 7, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter B. Appointment of Visiting Judge › Section 26.017. Appointment of Acting County Judge

Sec. 26.017.  APPOINTMENT OF ACTING COUNTY JUDGE.  (a)  Upon the suspension of a constitutional county judge by the State Commission on Judicial Conduct under Section 1-a, Article V, Texas Constitution, the commissioners court may appoint a resident of the county to fill the office until the next term of that office or until the suspension ends, whichever event occurs first.
(b)  The commissioners court shall compensate the acting judge by the day, week, or month in an amount equal to the compensation of the regular judge.  For budget amendment purposes under Chapter 111, Local Government Code, this requirement shall constitute an emergency.
Added by Acts 1995, 74th Leg., ch. 336, Sec. 1, eff. June 8, 1995.  Renumbered from Government Code Sec. 26.015 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(31), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter C. Appointment of Visiting Judges in Certain Counties › Section 26.020. Definition

Sec. 26.020.  DEFINITION.  In this subchapter, "former constitutional county judge" means a person who:
(1)  served as a judge for at least 96 months in a constitutional county court; or
(2)  served as a judge for at least 48 months in a constitutional county court and who is a licensed attorney in this state.
Added by Acts 2023, 88th Leg., R.S., Ch. 383 (H.B. 103), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter C. Appointment of Visiting Judges in Certain Counties › Section 26.021. Application of Subchapter

Sec. 26.021.  APPLICATION OF SUBCHAPTER.  This subchapter applies only to a county in which:
(1)  there is no statutory county court at law or statutory probate court;  and
(2)  all duties of the county court devolve on the county 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 26 - Constitutional County Courts › Subchapter C. Appointment of Visiting Judges in Certain Counties › Section 26.022. Appointment for Particular Matters

Sec. 26.022.  APPOINTMENT FOR PARTICULAR MATTERS.  (a)  The county judge for good cause may at any time appoint a visiting judge with respect to any pending civil or criminal matter.
(b)  The visiting judge may be appointed on motion of the court or on motion of any counsel of record in the matter.  Each counsel of record is entitled to notice and hearing on the matter.
(c)  To be appointed a visiting judge, a person must be agreed on by the counsels of record, if the counsels are able to agree.
(d)  The motion for appointment and the order appointing the visiting judge shall be noted on the docket.  A written motion or order may be filed among the papers of the case.
(e)  The visiting judge has the powers of the county judge in relation to the matter involved.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 782, Sec. 7, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1388, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter C. Appointment of Visiting Judges in Certain Counties › Section 26.023. Appointment for Absence of Judge

Sec. 26.023.  APPOINTMENT FOR ABSENCE OF JUDGE.  (a)  The county judge may appoint a retired judge, former constitutional county judge, or a constitutional county judge from another county as a visiting judge when the county judge is absent from the county or absent because of physical incapacity.
(b)  The visiting judge shall sit in all matters that are docketed on any of the county court's dockets and has the powers of the county judge in relation to the matter involved.
(c)  Without the consent of the commissioners court, visiting judges appointed under this section may not sit for more than 15 working days during a calendar year.
(d)  The order appointing the visiting judge shall be noted in the docket of the court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 811, Sec. 1, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 782, Sec. 8, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1388, Sec. 10, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 383 (H.B. 103), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter C. Appointment of Visiting Judges in Certain Counties › Section 26.024. Appointment to Share Bench

Sec. 26.024.  APPOINTMENT TO SHARE BENCH.  (a)  The county judge may appoint a retired judge, former constitutional county judge, or a constitutional county judge from another county as a visiting judge to share the bench if the county judge finds that the dockets of the county court reflect a case load that the county judge considers to be in excess of that which can be disposed of properly in a manner consistent with the efficient administration of justice.
(b)  The visiting judge may share the bench for periods authorized by the commissioners court.
(c)  The visiting judge shall sit in those matters authorized by the county judge and has the powers of the county judge in relation to those matters.
(d)  The order appointing the visiting judge shall be noted on the docket of the court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 811, Sec. 2, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 782, Sec. 9, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1388, Sec. 11, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 383 (H.B. 103), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter C. Appointment of Visiting Judges in Certain Counties › Section 26.026. Compensation of Visiting Judge

Sec. 26.026.  COMPENSATION OF VISITING JUDGE.  A visiting judge appointed under this subchapter is entitled to compensation from the commissioners court for each day the judge sits as visiting judge at the rate according to law.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 1388, Sec. 12, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter C. Appointment of Visiting Judges in Certain Counties › Section 26.027. No Administrative Powers

Sec. 26.027.  NO ADMINISTRATIVE POWERS.  A visiting judge appointed under this subchapter does not have the powers of the county judge as a member and presiding officer of the commissioners court or the powers of the county judge relating to the general administration of county business.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 1388, Sec. 13, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter C. Appointment of Visiting Judges in Certain Counties › Section 26.028. Attorney Recommendations

Sec. 26.028.  ATTORNEY RECOMMENDATIONS.  The county judge shall consider the recommendations of attorneys of the court as to the implementation of this subchapter and the accomplishment of its purposes.
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 26 - Constitutional County Courts › Subchapter D. Jurisdiction and Powers › Section 26.041. General Jurisdiction; Changes

Sec. 26.041.  GENERAL JURISDICTION;  CHANGES.  A county court has the jurisdiction conferred by this subchapter and other law.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 148, Sec. 1.38, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter D. Jurisdiction and Powers › Section 26.042. Civil Jurisdiction; Juvenile Jurisdiction

Sec. 26.042.  CIVIL JURISDICTION;  JUVENILE JURISDICTION.  (a)  A county court has concurrent jurisdiction with the justice courts in civil cases in which the matter in controversy exceeds $200 in value but does not exceed $20,000, exclusive of interest.
(b)  A county court has juvenile jurisdiction as provided by Section 23.001.
(c)  If under Subchapter E a county court has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction, an appeal or writ of error may not be taken to the court of appeals from a final judgment of the county court in a civil case in which:
(1)  the county court has appellate or original concurrent jurisdiction with the justice courts; and
(2)  the judgment or amount in controversy does not exceed $250, exclusive of interest and costs.
(d)  A county court has concurrent jurisdiction with the district court in civil cases in which the matter in controversy exceeds $500 but does not exceed $5,000, exclusive of interest.
(e)  A county court has appellate jurisdiction in civil cases over which the justice courts have original jurisdiction in cases in which the judgment appealed from or the amount in controversy exceeds $250, exclusive of costs.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 148, Sec. 1.39, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 745, Sec. 1, eff. June 20, 1987;  Acts 1991, 72nd Leg., ch. 776, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 383 (S.B. 618), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 553 (S.B. 1413), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 6, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 696 (S.B. 2342), Sec. 31, eff. September 1, 2020.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter D. Jurisdiction and Powers › Section 26.043. Civil Matters in Which County Court Is Without Jurisdiction

Sec. 26.043.  CIVIL MATTERS IN WHICH COUNTY COURT IS WITHOUT JURISDICTION.  A county court does not have jurisdiction in:
(1)  a suit to recover damages for slander or defamation of character;
(2)  a suit for the enforcement of a lien on land;
(3)  a suit in behalf of the state for escheat;
(4)  a suit for divorce;
(5)  a suit for the forfeiture of a corporate charter;
(6)  a suit for the trial of the right to property valued at $500 or more and levied on under a writ of execution, sequestration, or attachment;
(7)  an eminent domain case;  or
(8)  a suit for the recovery of land.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 148, Sec. 1.40, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter D. Jurisdiction and Powers › Section 26.044. Certiorari Jurisdiction

Sec. 26.044.  CERTIORARI JURISDICTION.  A county court has jurisdiction in cases brought from justice court by certiorari.
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 26 - Constitutional County Courts › Subchapter D. Jurisdiction and Powers › Section 26.045. Original Criminal Jurisdiction

Sec. 26.045.  ORIGINAL CRIMINAL JURISDICTION.  (a)  Except as provided by Subsection (c), a county court has exclusive original jurisdiction of misdemeanors other than misdemeanors involving official misconduct and cases in which the highest fine that may be imposed is $500 or less.
(b)  Except as provided by Subsection (c), a county court has jurisdiction in the forfeiture and final judgment of bonds and recognizances taken in criminal cases within the court's jurisdiction.
(c)  Except as provided by Subsections (d) and (f), a county court that is in a county with a criminal district court does not have any criminal jurisdiction.
(d)  A county court in a county with a population of 2.1 million or more has original jurisdiction over cases alleging a violation of Section 25.093, Education Code, or alleging truant conduct under Section 65.003(a), Family Code.
(e)  Subsections (c) and (d) do not affect the jurisdiction of a statutory county court.
(f)  A county court has concurrent jurisdiction with a municipal court in cases that arise in the municipality's extraterritorial jurisdiction and that arise under an ordinance of the municipality applicable to the extraterritorial jurisdiction under Section 216.902, Local Government Code.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 148, Sec. 1.41, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., 2nd C.S., ch. 45, Sec. 1, eff. Oct. 20, 1987;  Acts 1991, 72nd Leg., ch. 108, Sec. 6, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 137, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 612 (H.B. 413), Sec. 11, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 148 (H.B. 734), Sec. 4, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 29, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 34, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter D. Jurisdiction and Powers › Section 26.046. Appellate Criminal Jurisdiction

Sec. 26.046.  APPELLATE CRIMINAL JURISDICTION.  A county court has appellate jurisdiction in criminal cases of which justice courts and other inferior courts have original 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 26 - Constitutional County Courts › Subchapter D. Jurisdiction and Powers › Section 26.047. Habeas Corpus

Sec. 26.047.  HABEAS CORPUS.  (a)  A county court may issue a writ of habeas corpus in any case in which the constitution has not conferred the power on the district courts.
(b)  On return of a writ of habeas corpus, the court may remand to custody, admit to bail, or discharge the person imprisoned or detained, as the law and nature of the case require.
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 26 - Constitutional County Courts › Subchapter D. Jurisdiction and Powers › Section 26.048. Motions Against Court Officers

Sec. 26.048.  MOTIONS AGAINST COURT OFFICERS.  A county court may hear and determine any motion against the sheriff or another officer of the court for failure to pay money collected under process of the court or for other defalcation of duty in connection with a process of the court.
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 26 - Constitutional County Courts › Subchapter D. Jurisdiction and Powers › Section 26.049. Appointment of Counsel

Sec. 26.049.  APPOINTMENT OF COUNSEL.  The county judge may appoint counsel to represent a party who makes an affidavit that he is too poor to employ counsel.
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 26 - Constitutional County Courts › Subchapter D. Jurisdiction and Powers › Section 26.050. Powers of Law and Equity

Sec. 26.050.  POWERS OF LAW AND EQUITY.  Subject to the limitations stated in this chapter and in the constitution, a county court may hear and determine any cause in law or equity that a court of law or equity recognizes and may grant any relief that may be granted by a court 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 26 - Constitutional County Courts › Subchapter D. Jurisdiction and Powers › Section 26.051. Writ Power

Sec. 26.051.  WRIT POWER.  A county judge, in either term time or vacation, may grant writs of mandamus, injunction, sequestration, attachment, garnishment, certiorari, and supersedeas and all other writs necessary to the enforcement of the court's jurisdiction.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 1.42, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 26 - Constitutional County Courts › Subchapter D. Jurisdiction and Powers › Section 26.052. Probate and Mental Health Code Cases

Sec. 26.052.  PROBATE AND MENTAL HEALTH CODE CASES.  (a)  In a county in which the county court and any county court created by statute have jurisdiction in both probate matters and proceedings under Subtitle C, Title 7, Health and Safety Code, during each year for which a statement has been filed as provided by Subsection (b), those cases and proceedings must be filed in a county court created by statute with jurisdiction of those cases and proceedings.
(b)  A county judge may file, not later than January 15 of each year, a statement with the county clerk electing not to hear probate matters and proceedings under Subtitle C, Title 7, Health and Safety Code.
Added by Acts 1991, 72nd Leg., ch. 746, Sec. 65, eff. Oct. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 4.01, eff. Aug. 30, 1993.