reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter A. General Provisions › Section 25.0010. Facilities; Personnel

Sec. 25.0010.  FACILITIES;  PERSONNEL.  (a)  The commissioners court of each county shall provide the physical facilities necessary to operate the statutory county court in each county.
(b)  The county attorney or criminal district attorney shall serve each statutory county court as required by law.
(c)  A county sheriff shall in person or by deputy attend a statutory county court as required by the court.
(d)  The county clerk shall serve as clerk of each statutory county court.  The court officials shall perform the duties and responsibilities of their offices and are entitled to the compensation, fees, and allowances prescribed by law for those offices.
(e)  The judge of a statutory county court may appoint the personnel necessary for the operation of the court, including a court coordinator or administrative assistant, if the commissioners court has approved the creation of the position.
(f)  The commissioners court may authorize the employment of as many additional assistant district attorneys, assistant county attorneys, deputy sheriffs, and clerks as are necessary for a statutory county court.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 4.05, eff. January 1, 2012.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter A. General Provisions › Section 25.0011. Seal

Sec. 25.0011.  SEAL.  The seal of each statutory county court is the same as that provided by law for a county court except that the seal must contain the name of the statutory county court as it appears in this chapter.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter A. General Provisions › Section 25.0012. Exchange of Judges in Certain County Courts at Law and County Criminal Courts

Sec. 25.0012.  EXCHANGE OF JUDGES IN CERTAIN COUNTY COURTS AT LAW AND COUNTY CRIMINAL COURTS.  In any county with a population of more than 300,000, the judge of a county criminal court and the judge of a county court at law may hold court for or with one another.  The county criminal court has the necessary civil jurisdiction to hold court for the county court at law.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter A. General Provisions › Section 25.0014. Qualifications of Judge

Sec. 25.0014.  QUALIFICATIONS OF JUDGE.  The judge of a statutory county court must:
(1)  be at least 25 years of age;
(2)  be a United States citizen and have resided in the county for at least two years before election or appointment; and
(3)  be a licensed attorney in this state who has practiced law or served as a judge of a court in this state, or both combined, for the four years preceding election or appointment, unless otherwise provided for by law.
Added by Acts 1991, 72nd Leg., ch. 746, Sec. 6, eff. Oct. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 4.06(a), eff. January 1, 2012.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter A. General Provisions › Section 25.0015. State Contribution

Sec. 25.0015.  STATE CONTRIBUTION.   Beginning on the first day of the state fiscal year, the state shall annually compensate each county in an amount equal to 60 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) for each statutory county court judge in the county who:
(1)  does not engage in the private practice of law; and
(2)  presides over a court with at least the jurisdiction provided by Section 25.0003.
Added by Acts 1991, 72nd Leg., ch. 746, Sec. 6, eff. Oct. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 1119, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1572, Sec. 3, eff. Oct. 1, 1999;  Acts 2003, 78th Leg., ch. 616, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1301 (S.B. 600), Sec. 2, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1301 (S.B. 600), Sec. 13(2), eff. October 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter A. General Provisions › Section 25.0016. Terms of Court; Terms and Sessions of Court Following Certain Disasters

Sec. 25.0016.  TERMS OF COURT; TERMS AND SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS.  (a)  The commissioners court, by order, shall set at least two terms a year for the statutory county court.
(b)  Notwithstanding any other law, if a disaster, as defined by Section 418.004, precludes a statutory 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 judge of the affected statutory county court, may designate the terms and sessions of court.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 4.07(a), eff. January 1, 2012.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 507 (S.B. 40), Sec. 5, eff. June 7, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter A. General Provisions › Section 25.00161. Private Practice of Law

Sec. 25.00161.  PRIVATE PRACTICE OF LAW.  The regular judge of a statutory county court 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 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 4.07(a), eff. January 1, 2012.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter A. General Provisions › Section 25.0017. Visiting Judge to Take Oath

Sec. 25.0017.  VISITING JUDGE TO TAKE OATH.  (a)  A person who is a retired or former judge shall, before accepting an assignment as a visiting judge of a statutory county court, take the oath of office required by the constitution and file the oath with the regional presiding judge.
(b)  A regional presiding judge shall maintain a file containing the oaths of office filed with the judge under Subsection (a).
(c)  A retired or former judge may be assigned as a visiting judge of a statutory county court only if the judge has filed with the regional presiding judge an oath of office as required by this section.
Added by Acts 1995, 74th Leg., ch. 456, Sec. 3, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 782, Sec. 4, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 960, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter A. General Provisions › Section 25.0018. Record

Sec. 25.0018.  RECORD.  (a)  When a retired or former judge is appointed as a visiting judge, the clerk shall enter in the administrative file 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)  the oath of office prescribed by law for a retired or former judge who is appointed as a visiting judge was duly administered to the visiting judge and filed with the regional presiding judge.
(b)  "Administrative file" means a file kept by the court clerk for the court's administrative orders and assigned a cause number.
Added by Acts 1995, 74th Leg., ch. 456, Sec. 3, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 782, Sec. 4, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 960, Sec. 2, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 469, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter A. General Provisions › Section 25.0019. Location of Proceedings Following Certain Disasters

Sec. 25.0019.  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 a specific provision in this chapter for a particular court or county that requires a statutory county court to conduct its proceedings at the county seat, if a disaster, as defined by Section 418.004, precludes a statutory county court in that county 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 statutory 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. 2, eff. June 15, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 507 (S.B. 40), Sec. 6, 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 25 - Statutory County Courts › Subchapter A. General Provisions › Section 25.0020. Appointment of Counsel in Certain Appeals

Sec. 25.0020.  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. 6, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.0021. Jurisdiction

Sec. 25.0021.  JURISDICTION.  (a)  If this section conflicts with a specific provision for a particular statutory probate court or county, the specific provision controls, except that this section controls over a specific provision for a particular court or county if the specific provision attempts to create jurisdiction in a statutory probate court other than jurisdiction over probate, guardianship, mental health, or eminent domain proceedings.
(b)  A statutory probate court as that term is defined in Section 22.007(c), Estates Code, has:
(1)  the general jurisdiction of a probate court as provided by the Estates Code; and
(2)  the jurisdiction provided by law for a county court to hear and determine actions, cases, matters, or proceedings instituted under:
(A)  Section 166.046, 192.027, 193.007, 552.015, 552.019, 711.004, or 714.003, Health and Safety Code;
(B)  Chapter 462, Health and Safety Code; or
(C)  Subtitle C or D, Title 7, Health and Safety Code.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 635, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.023, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.00211. State Contribution

Sec. 25.00211.  STATE CONTRIBUTION.  (a)  Beginning on the first day of the state fiscal year, the state shall annually compensate each county in an amount equal to 60 percent of the annual base salary the state pays to a district judge as set by the General Appropriations Act in accordance with Section 659.012(a) for each statutory probate court judge in the county.
(b)  The amount shall be paid to the county treasury for deposit in the contributions fund created under Section 25.00213 in equal monthly installments from funds appropriated from the judicial fund.
Added by Acts 1999, 76th Leg., ch. 1572, Sec. 2, eff. Oct. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1443, Sec. 1, eff. June 17, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 2.02, eff. January 1, 2022.
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 2.01, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.00212. Excess Contributions

Sec. 25.00212.  EXCESS CONTRIBUTIONS.  (a)  At the end of each state fiscal year, the comptroller shall determine the amounts deposited in the judicial fund by statutory probate courts and the sum of the amount paid under Section 25.0022(e) and the total amounts paid to the counties under Section 25.00211.  If the total amount deposited in the judicial fund by statutory probate courts in all counties exceeds that sum, the state shall remit the excess proportionately to each county that deposited a greater amount in the judicial fund by statutory probate court than the amount the county was paid under Section 25.00211, as adjusted in an equitable manner to reflect the differences in the total amounts paid to the counties under Section 25.00211.
(b)  The amounts remitted under Subsection (a) shall be paid to the county treasury for deposit in the contributions fund created under Section 25.00213.
Added by Acts 1999, 76th Leg., ch. 1572, Sec. 2, eff. Oct. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1263, Sec. 7, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1443, Sec. 2, eff. June 17, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 718 (H.B. 2359), Sec. 1, eff. September 1, 2007.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 2.03, eff. January 1, 2022.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.00213. Contributions Fund

Sec. 25.00213.  CONTRIBUTIONS FUND.  (a)  A contributions fund is created in the county treasury of each county that receives funds under Section 25.00212.
(b)  Money in a contributions fund created under this section may be used only for court-related purposes for the support of the statutory probate courts in the county, including for the payment of the compensation of a statutory probate court associate judge in accordance with Section 54.605.
(c)  A county may not reduce the amount of funds provided for the support of the statutory probate courts in the county because of the availability of funds from the county's contributions fund.
Added by Acts 2001, 77th Leg., ch. 1443, Sec. 3, eff. June 17, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 400 (S.B. 821), Sec. 1, eff. June 15, 2007.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 2.04, eff. January 1, 2022.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.002201. Assignment of Judge on Recusal or Disqualification

Sec. 25.002201.  ASSIGNMENT OF JUDGE ON RECUSAL OR DISQUALIFICATION.  (a)  Except as provided by Subsection (b), not later than the 15th day after the date an order of recusal or disqualification of a statutory probate court judge is issued in a case, the presiding judge shall assign a statutory probate court judge or a former or retired judge of a statutory probate court to hear the case if:
(1)  the judge of the statutory probate court recused himself or herself under Section 25.00255(g)(1)(A);
(2)  the judge of the statutory probate court disqualified himself or herself under Section 25.00255(g-1);
(3)  the order was issued under Section 25.00255(i-3)(1); or
(4)  the presiding judge receives notice and a request for assignment from the clerk of the statutory probate court under Section 25.00255(l).
(b)  If the judge who is the subject of an order of recusal or disqualification is the presiding judge of the statutory probate courts, the chief justice of the supreme court shall assign a statutory probate judge or a former or retired judge of a statutory probate court to hear the case.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1031 , Sec. 37(3), eff. September 1, 2015.
Added by Acts 2009, 81st Leg., R.S., Ch. 1206 (S.B. 683), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 33, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 37(3), eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 45, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.00221. Visiting Judge to Take Oath; Record

Sec. 25.00221.  VISITING JUDGE TO TAKE OATH;  RECORD.  (a)  This section applies to the assignment of a retired or former judge as a visiting judge of a statutory probate court under Section 25.0022.
(b)  A person who is a retired or former judge shall, before accepting an assignment as a visiting judge of a statutory probate court, take the oath of office required by the constitution and file the oath with the presiding judge of the statutory probate courts.
(c)  The presiding judge shall maintain a file containing the oaths of office filed with the judge under Subsection (b).
(d)  A retired or former judge may be assigned as a visiting judge of a statutory probate court only if the judge has filed with the presiding judge an oath of office as required by this section.
(e)  When a retired or former judge is appointed as a visiting judge, the clerk shall enter in the administrative file 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)  the oath of office prescribed by law for a retired or former judge who is appointed as a visiting judge was duly administered to the visiting judge and filed with the presiding judge.
(f)  "Administrative file" means a file kept by the court clerk for the court's administrative orders and assigned a cause number.
Added by Acts 1999, 76th Leg., ch. 960, Sec. 3, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 469, Sec. 2, 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.00222. Transfer of Cases

Sec. 25.00222.  TRANSFER OF CASES.  (a)  The judge of a statutory probate court may transfer a cause of action pending in that court to another statutory probate court in the same county that has jurisdiction over the cause of action that is transferred.
(b)  If the judge of a statutory probate court that has jurisdiction over a cause of action appertaining to or incident to an estate pending in the statutory probate court determines that the court no longer has jurisdiction over the cause of action, the judge may transfer that cause of action to:
(1)  a district court, county court, statutory county court, or justice court located in the same county that has jurisdiction over the cause of action that is transferred; or
(2)  the court from which the cause of action was transferred to the statutory probate court under Section 34.001 or 1022.007, Estates Code.
(c)  When a cause of action is transferred from a statutory probate court to another court as provided by Subsection (a) or (b), all processes, writs, bonds, recognizances, or other obligations issued from the statutory probate court are returnable to the court to which the cause of action is transferred as if originally issued by that court.  The obligees in all bonds and recognizances taken in and for the statutory probate court, and all witnesses summoned to appear in the statutory probate court, are required to appear before the court to which the cause of action is transferred as if originally required to appear before the court to which the transfer is made.
Added by Acts 1999, 76th Leg., ch. 71, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 64, Sec. 1, eff. Sept. 1, 2001.  Renumbered from Government Code Sec. 25.00221 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(55), eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.025, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.00231. Bond; Insurance

Sec. 25.00231.  BOND; INSURANCE.  (a)  This section controls over a specific provision for a particular court or county that attempts to create a requirement for a bond or insurance that conflicts with this section.
(b)  Before beginning the duties of office, a judge of a statutory probate court must execute a bond that is:
(1)  payable to the county treasurer or other person performing the duties of county treasurer;
(2)  in the amount of $500,000;
(3)  conditioned on the faithful performance of the duties of the office; and
(4)  approved by the commissioners court.
(c)  In lieu of the bond required by Subsection (b), a county may elect to obtain insurance or to self-insure in the amount required by Subsection (b) against losses caused by the statutory probate court judge's gross negligence in performing the duties of office.
(d)  The commissioners court of a county shall pay the premium for the bond or insurance required by this section out of the general funds of the county.
(e)  This section does not apply to an assigned or visiting judge sitting by assignment in a statutory probate court.
(f)  Notwithstanding Subsection (e), a bond executed under Subsection (b) by the judge elected or appointed to a statutory probate court or an insurance policy obtained under Subsection (c) shall provide the same coverage to a visiting judge assigned to the court or to an associate judge appointed by the court as the bond or insurance policy provides to the judge elected or appointed to the court.
Added by Acts 2007, 80th Leg., R.S., Ch. 331 (H.B. 2967), Sec. 1, eff. October 1, 2007.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 4.09, eff. January 1, 2012.
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 67, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 27, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.0024. Court Coordinators, Administrative Assistants, and Auditors for Statutory Probate Courts

Sec. 25.0024.  COURT COORDINATORS, ADMINISTRATIVE ASSISTANTS, AND AUDITORS FOR STATUTORY PROBATE COURTS.  (a)  A judge of a statutory probate court shall hire with the approval of the commissioners court through the county budget process a court coordinator, an administrative assistant, and an auditor for the court.
(b)  Court personnel employed under this section are entitled to receive a salary set by the commissioners court.  The county shall pay the salary in the same manner that other county employees are paid.
(c)  Court personnel employed under this section are entitled to receive the same employment benefits, in addition to salary, that other county employees receive.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 68, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 410, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.0025. Court Investigators

Sec. 25.0025.  COURT INVESTIGATORS.  (a)  The judge of a statutory probate court shall appoint a court investigator.  One person shall serve as the court investigator for all statutory probate courts in the county unless the commissioners court has authorized additional investigators.  The commissioners court may authorize additional court investigators if necessary.
(b)  The commissioners court shall set the salary of a court investigator.
(c)  to (e). Repealed by Acts 1995, 74th Leg., ch. 1039, Sec. 72, eff. Sept. 1, 1995.
Added by Acts 1993, 73rd Leg., ch. 905, Sec. 2, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1039, Sec. 72, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.00251. Public Probate Administrator

Sec. 25.00251.  PUBLIC PROBATE ADMINISTRATOR.  (a) A statutory probate court judge, with the concurrence of the commissioners court, may appoint a public probate administrator for the county in which the statutory probate court is located. One person shall serve as the public probate administrator for all statutory probate courts in the county unless the commissioners court has authorized additional public probate administrators.
(b)  If a county has more than one statutory probate court, the presiding judges of all of the statutory probate courts located in the county shall designate, by a majority vote, a specific statutory probate court judge to appoint and administer the office of the public probate administrator in that county.   If the statutory probate court judges cannot, by a majority vote, determine which statutory probate court judge shall appoint and administer the office of the public probate administrator in that county, the chief presiding statutory probate court judge shall cast the tiebreaking vote to decide which statutory probate court judge shall appoint and administer the office of the public probate administrator in that county.
(c)  The public probate administrator may be a person, a charitable organization, or any other suitable entity.
(d)  The commissioners court shall set the compensation of the public probate administrator.
(e)  The public probate administrator, with the consent of and at salaries set by the commissioners court, may employ assistants, deputies, clerks, and any other employees as necessary to carry out Chapter 455, Estates Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 671 (H.B. 1755), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.00256. Tertiary Recusal Motion Against Judge

Sec. 25.00256.  TERTIARY RECUSAL MOTION AGAINST JUDGE.  (a)  In this section, "tertiary recusal motion" means a third or subsequent motion for recusal or disqualification filed in a case against any statutory probate court judge by the same party.  The term includes any third or subsequent motion filed in the case by the same party, regardless of whether that motion is filed against a different judge than the judge or judges against whom the previous motions for recusal or disqualification were filed.
(b)  A judge who declines recusal after a tertiary recusal motion is filed shall comply with applicable rules of procedure for recusal and disqualification except that the judge shall continue to:
(1)  preside over the case;
(2)  sign orders in the case; and
(3)  move the case to final disposition as though a tertiary recusal motion had not been filed.
(c)  A judge hearing a tertiary recusal motion against another judge who denies the motion shall award reasonable and necessary attorney's fees and costs to the party opposing the motion.  The party making the motion and the attorney for the party are jointly and severally liable for the award of fees and costs.  The fees and costs must be paid before the 31st day after the date the order denying the tertiary recusal motion is rendered unless the order is properly superseded.
(d)  The denial of a tertiary recusal motion is only reviewable on appeal from final judgment.
(e)  If a tertiary recusal motion is finally sustained, the new judge for the case shall vacate all orders signed by the sitting judge during the pendency of the tertiary recusal motion.
Added by Acts 2007, 80th Leg., R.S., Ch. 1297 (S.B. 406), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.0026. Powers and Duties

Sec. 25.0026.  POWERS AND DUTIES.  (a)  A statutory probate court or its judge may issue writs of injunction, mandamus, sequestration, attachment, garnishment, certiorari, supersedeas, and all writs necessary for the enforcement of the jurisdiction of the court.  It may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the court or any court of inferior jurisdiction in the county.
(b)  A statutory probate court or its judge may punish for contempt as prescribed by general law.
(c)  The judge of a statutory probate court has all other powers, duties, immunities, and privileges provided by law for county court judges.
(d)  The judge of a statutory probate court has no authority over the county's administrative business that is performed by the county judge.
Added by Acts 1991, 72nd Leg., ch. 394, Sec. 2, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 746, Sec. 7, eff. Oct. 1, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.0027. Juries; Practice and Procedure

Sec. 25.0027.  JURIES; PRACTICE AND PROCEDURE.  The drawing of jury panels, selection of jurors, and practice in the statutory probate courts must conform to that prescribed by law for county courts, except that practice, procedure, rules of evidence, issuance of process and writs, juries, including the number of jurors provided the parties to a proceeding may agree to try a particular case with fewer than 12 jurors, and all other matters pertaining to the conduct of trials and hearings in the statutory probate courts involving those matters of concurrent jurisdiction with district courts are governed by the laws and rules pertaining to district courts.
Added by Acts 1991, 72nd Leg., ch. 391, Sec. 2, eff. Aug. 26, 1991.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 68, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 28, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.0029. Fees

Sec. 25.0029.  FEES.  A judge of a statutory probate court shall assess the same fees as are prescribed by law relating to county judges' fees.  The clerk of the court shall collect the fees and pay them into the county treasury on collection.  A fee may not be paid to the judge.
Added by Acts 1991, 72nd Leg., ch. 394, Sec. 2, eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.0030. Facilities; Personnel

Sec. 25.0030.  FACILITIES;  PERSONNEL.  (a)  The commissioners court of each county shall provide the physical facilities necessary to operate the statutory probate court in each county.
(b)  The county attorney or criminal district attorney and sheriff shall serve each statutory probate court.  The county clerk shall serve as clerk of each statutory probate court.  The court officials shall perform the duties and responsibilities of their offices and are entitled to the compensation, fees, and allowances prescribed by law for those offices.
Added by Acts 1991, 72nd Leg., ch. 394, Sec. 2, eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.0031. Seal

Sec. 25.0031.  SEAL.  The seal of each statutory probate court is the same as that provided by law for a county court except that the seal must contain the name of the statutory probate court as it appears in this chapter.
Added by Acts 1991, 72nd Leg., ch. 394, Sec. 2, eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.0032. Location of Proceedings Following Certain Disasters

Sec. 25.0032.  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 a specific provision in this chapter for a particular court or county that requires a statutory probate court to conduct its proceedings at the county seat, if a disaster, as defined by Section 418.004, precludes a statutory probate court in that county from conducting its proceedings at the county seat, the presiding judge of the statutory probate courts, with the approval of the judge of the affected statutory probate court, may designate for the proceedings an alternate location:
(1)  in the county; or
(2)  outside the county at the location the presiding judge of the statutory probate courts 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.
Added by Acts 2007, 80th Leg., R.S., Ch. 1076 (H.B. 2766), Sec. 3, eff. June 15, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 507 (S.B. 40), Sec. 7, 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 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.0033. Qualifications of Judge

Sec. 25.0033.  QUALIFICATIONS OF JUDGE.  The judge of a statutory probate court must:
(1)  be at least 25 years of age;
(2)  be a United States citizen and have resided in the county for at least two years before election or appointment; and
(3)  be a licensed attorney in this state who has practiced law or served as a judge of a court in this state, or both combined, for the five years preceding election or appointment, unless otherwise provided for by law.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 4.10(a), eff. January 1, 2012.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.0034. Private Practice of Law

Sec. 25.0034.  PRIVATE PRACTICE OF LAW.  The regular judge of a statutory probate court 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 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 4.10(a), eff. January 1, 2012.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.0035. Terms of Court; Terms and Sessions of Court Following Certain Disasters

Sec. 25.0035.  TERMS OF COURT; TERMS AND SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS.  (a)  The commissioners court, by order, shall set at least two terms a year for the statutory probate court.
(b)  Notwithstanding any other law, if a disaster, as defined by Section 418.004, precludes a statutory probate court from holding its terms in accordance with the order of the commissioners court, the presiding judge of the statutory probate courts, with the approval of the judge of the affected statutory probate court, may designate the terms and sessions of court.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 4.10(a), eff. January 1, 2012.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 507 (S.B. 40), Sec. 8, eff. June 7, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter C. Provisions Relating to Particular Counties › Section 25.0041. Anderson County

Sec. 25.0041.  ANDERSON COUNTY.  (a)  Anderson County has one statutory county court, the County Court at Law of Anderson County.
(b)  The County Court at Law of Anderson County sits in Palestine.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.  Renumbered from Sec. 25.0031 by Acts 2001, 77th Leg., ch. 1420, Sec. 9.001(c), eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter C. Provisions Relating to Particular Counties › Section 25.0051. Angelina County

Sec. 25.0051.  ANGELINA COUNTY.  Angelina County has the following statutory county courts:
(1)  the County Court at Law No. 1 of Angelina County;  and
(2)  the County Court at Law No. 2 of Angelina County.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 614, Sec. 1, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 746, Sec. 10(a), eff. Oct. 1, 1991;  Acts 1993, 73rd Leg., ch. 745, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter C. Provisions Relating to Particular Counties › Section 25.0052. Angelina County Court at Law Provisions

Sec. 25.0052.  ANGELINA COUNTY COURT AT LAW PROVISIONS.
(a)  In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law in Angelina County has:
(1)  concurrent with the county court, the probate jurisdiction provided by general law for county courts; and
(2)  concurrent jurisdiction with the district court in family law cases and proceedings.
(b)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(2), eff. January 1, 2012.
(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.
(d)  The judge of a county court at law shall be paid an annual salary of at least $14,000.  The salary shall be paid out of the county treasury on order of the commissioners court.
(e)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.
(f)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(2), eff. January 1, 2012.
(g)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(2), eff. January 1, 2012.
(h)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(2), eff. January 1, 2012.
(i)  Sections 25.0007 and 25.0011 do not apply to a county court at law in Angelina County.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 614, Sec. 2, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 746, Sec. 10(b), eff. Oct. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 4.50(a)(2), eff. January 1, 2012.
Acts 2019, 86th Leg., R.S., Ch. 696 (S.B. 2342), Sec. 4, eff. September 1, 2020.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter C. Provisions Relating to Particular Counties › Section 25.0061. Aransas County

Sec. 25.0061.  ARANSAS COUNTY.  Aransas County has one statutory county court, the County Court at Law of Aransas County.
Added by Acts 2001, 77th Leg., ch. 688, Sec. 1, eff. June 13, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter C. Provisions Relating to Particular Counties › Section 25.0062. Aransas County Court at Law Provisions

Sec. 25.0062.  ARANSAS COUNTY COURT AT LAW PROVISIONS.  (a)  In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law of Aransas County has concurrent jurisdiction with the district court in:
(1)  family law cases and proceedings;
(2)  felony cases to conduct arraignments, conduct pretrial hearings, and accept guilty pleas; and
(3)  civil cases in which the matter in controversy exceeds the maximum amount provided by Section 25.0003.
(b)  The district clerk serves as clerk of a county court at law in felony cases, in family law cases and proceedings, and in civil cases in which the matter in controversy exceeds $250,000.  The county clerk serves as clerk of a county court at law in all other cases.  The district clerk shall establish a separate docket for a county court at law.  The commissioners court shall provide the deputy clerks, bailiffs, and other personnel necessary to operate a county court at law.
(c)  The jury is composed of six members unless the constitution or other law requires a 12-member jury.
Added by Acts 2001, 77th Leg., ch. 688, Sec. 1, eff. June 13, 2001.  Amended by Acts 2003, 78th Leg., ch. 998, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 2.003(a), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter C. Provisions Relating to Particular Counties › Section 25.0091. Atascosa County

Sec. 25.0091.  ATASCOSA COUNTY.  Atascosa County has one statutory county court, the County Court at Law of Atascosa County.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1059 (H.B. 3153), Sec. 2.01(a), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter C. Provisions Relating to Particular Counties › Section 25.0092. Atascosa County Court at Law Provisions

Sec. 25.0092.  ATASCOSA COUNTY COURT AT LAW PROVISIONS.  (a)  In addition to the jurisdiction provided by Section 25.0003 and other law, and except as limited by Subsection (b), a county court at law in Atascosa County has concurrent jurisdiction with the district court in:
(1)  Class A and Class B misdemeanor cases;
(2)  family law matters;
(3)  juvenile matters;
(4)  probate matters; and
(5)  appeals from the justice and municipal courts.
(b)  A county court at law does not have general supervisory control or appellate review of the commissioners court or jurisdiction of:
(1)  suits on behalf of this state to recover penalties or escheated property;
(2)  misdemeanors involving official misconduct; or
(3)  contested elections.
(c)  The judge of a county court at law must have the same qualifications as those required by law for a district judge.
(d)  The judge of a county court at law shall be paid a total annual salary set by the commissioners court at an amount that is not less than $1,000 less than the total annual salary received by a district judge in the county.  A district judge's or statutory county court judge's total annual salary does not include contributions and supplements paid by a county.
(e)  The district clerk serves as clerk of a county court at law in matters of concurrent jurisdiction with the district court, except that the county clerk serves as clerk of the court in Class A and Class B misdemeanor cases and probate matters.  The county clerk shall serve as clerk of a county court at law in all other matters.  Each clerk shall establish a separate docket for a county court at law.
(f)  The official court reporter of a county court at law is entitled to receive a salary set by the judge of the county court at law with the approval of the commissioners court.
(g)  Jurors summoned for a county court at law or a district court in the county may by order of the judge of the court to which they are summoned be transferred to another court for service and may be used as if summoned for the court to which they are transferred.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1059 (H.B. 3153), Sec. 2.01(a), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter C. Provisions Relating to Particular Counties › Section 25.0101. Austin County

Sec. 25.0101.  AUSTIN COUNTY.  Austin County has one statutory county court, the County Court at Law of Austin County.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.