2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 23 - General Provisions for Trial Courts › Subchapter B. Priority in Setting Hearings and Trials › Section 23.101. Primary Priorities

Sec. 23.101.  PRIMARY PRIORITIES.  (a)  Except as provided by Subsection (b-1), the trial courts of this state shall regularly and frequently set hearings and trials of pending matters, giving preference to hearings and trials of the following:
(1)  temporary injunctions;
(2)  criminal actions, with the following actions given preference over other criminal actions:
(A)  criminal actions against defendants who are detained in jail pending trial;
(B)  criminal actions involving a charge that a person committed an act of family violence, as defined by Section 71.004, Family Code;
(C)  an offense under:
(i)  Section 19.02, 19.03, 21.02, or 21.11, Penal Code;
(ii)  Chapter 22, Penal Code, if the victim of the alleged offense is younger than 17 years of age;
(iii)  Section 25.02, Penal Code, if the victim of the alleged offense is younger than 17 years of age;
(iv)  Section 25.06, Penal Code;
(v)  Section 43.25, Penal Code; or
(vi)  Section 20A.02(a)(7), 20A.02(a)(8), or 20A.03, Penal Code;
(D)  an offense described by Article 62.001(6)(C) or (D), Code of Criminal Procedure; and
(E)  criminal actions against persons who are detained as provided by Section 51.12, Family Code, after transfer for prosecution in criminal court under Section 54.02, Family Code;
(3)  election contests and suits under the Election Code;
(4)  orders for the protection of the family under Subtitle B, Title 4, Family Code;
(5)  appeals of final rulings and decisions of the division of workers' compensation of the Texas Department of Insurance regarding workers' compensation claims and claims under the Federal Employers' Liability Act and the Jones Act;
(6)  appeals of final orders of the commissioner of the General Land Office under Section 51.3021, Natural Resources Code;
(7)  actions in which the claimant has been diagnosed with malignant mesothelioma, other malignant asbestos-related cancer, malignant silica-related cancer, or acute silicosis; and
(8)  appeals brought under Section 42.01 or 42.015, Tax Code, of orders of appraisal review boards of appraisal districts established for counties with a population of less than 175,000.
(b)  Insofar as practicable, the trial courts shall observe the preference provided by Subsection (a) in ruling on, hearing, and trying the matters pending before the courts.
(b-1)  Except for a criminal case in which the death penalty has been or may be assessed or when it would otherwise interfere with a constitutional right, the trial courts of this state shall prioritize over any other proceeding pending or filed in the court a proceeding for injunctive relief under Chapter 273, Election Code, pending or filed in the court on or after the 70th day before a general or special election.
(b-2)  A hearing in a proceeding described by Subsection (b-1) may be held in person or through electronic means, as determined by the court.
(c)  A district judge who presides over multidistrict litigation involving claims for asbestos-related or silica-related injuries shall confer with a trial court regarding trial settings or other matters regarding remand.  The trial court shall cooperate with the multidistrict litigation court and shall not continue or postpone a trial setting without the concurrence of the multidistrict litigation court.
(d)  A district court judge who presides over multidistrict litigation involving claims for asbestos-related or silica-related injuries is a party in interest for the limited purpose of requesting mandamus enforcement of the priority in setting hearings and trials under Subsection (a)(7).
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 1037, Sec. 1, eff. Aug. 31, 1987;  Acts 1989, 71st Leg., ch. 614, Sec. 22, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 739, Sec. 32, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 755, Sec. 3, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.01, eff. Jan. 1, 1991;  Acts 1991, 72nd Leg., ch. 465, Sec. 4, eff. June 11, 1991;  Acts 1995, 74th Leg., ch. 67, Sec. 3, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1279, Sec. 1, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1276, Sec. 9.001(a), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 7, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 6.001, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 61 (S.B. 57), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 393 (S.B. 749), Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 2.01, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 122 (H.B. 3000), Sec. 6, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1087 (S.B. 1209), Sec. 6, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 34, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 25, eff. September 1, 2017.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 8.06, eff. December 2, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1058 (S.B. 402), Sec. 1, eff. September 1, 2023.