reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 147 - Year 2000 Computer Date Failure › Subchapter D. Damages › Section 147.123. Mitigation of Damages

Sec. 147.123.  MITIGATION OF DAMAGES.  (a)  In an action to which Chapter 33 applies, the court shall instruct the finder of fact regarding the determination of responsibility pursuant to Section 33.003 using the appropriate approved pattern jury charge which may be modified by the court as appropriate to the circumstances.
(b)  In all actions not governed by Subsection (a), the court shall instruct the finder of fact regarding a claimant's duty to mitigate or avoid damages in a manner appropriate to the action using the appropriate approved pattern jury charge which may be modified by the court as appropriate to the circumstances.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 148 - Liability During Pandemic Emergency › Section 148.001. Definitions

Sec. 148.001.  DEFINITIONS.  In this chapter:
(1)  "Pandemic disease" has the meaning assigned by Section 74.155.
(2)  "Pandemic emergency" means a state of disaster declared by the governor under Chapter 418, Government Code, in response to a pandemic disease.
Added by Acts 2021, 87th Leg., R.S., Ch. 528 (S.B. 6), Sec. 3, eff. June 14, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 148 - Liability During Pandemic Emergency › Section 148.004. Liability of Educational Institutions for Certain Actions During Pandemic Emergency

Sec. 148.004.  LIABILITY OF EDUCATIONAL INSTITUTIONS FOR CERTAIN ACTIONS DURING PANDEMIC EMERGENCY.  (a)  In this section, "educational institution" means an institution or program that facilitates learning or the acquisition of knowledge, skills, values, beliefs, or habits.  The term includes:
(1)  a public or private preschool, child-care facility, primary or secondary school, college, or university;
(2)  an institution of higher education, as that term is defined by Section 61.003, Education Code; and
(3)  a private or independent institution of higher education, as that term is defined by Section 61.003, Education Code.
(b)  An educational institution is not liable for damages or equitable monetary relief arising from a cancellation or modification of a course, program, or activity of the institution if the cancellation or modification arose during a pandemic emergency and was caused, in whole or in part, by the emergency.
Added by Acts 2021, 87th Leg., R.S., Ch. 528 (S.B. 6), Sec. 3, eff. June 14, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 148 - Liability During Pandemic Emergency › Section 148.005. No Civil Cause of Action

Sec. 148.005.  NO CIVIL CAUSE OF ACTION.  This chapter does not create a civil cause of action.
Added by Acts 2021, 87th Leg., R.S., Ch. 528 (S.B. 6), Sec. 3, eff. June 14, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 149 - Limitations in Civil Actions of Liabilities Relating to Certain Mergers or Consolidations › Section 149.001. Definitions

Sec. 149.001.  DEFINITIONS.  In this chapter:
(1)  "Asbestos claim" means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including:
(A)  property damage caused by the installation, presence, or removal of asbestos;
(B)  the health effects of exposure to asbestos, including any claim for:
(i)  personal injury or death;
(ii)  mental or emotional injury;
(iii)  risk of disease or other injury;  or
(iv)  the costs of medical monitoring or surveillance;  and
(C)  any claim made by or on behalf of any person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person.
(2)  "Corporation" means a corporation for profit, including:
(A)  a domestic corporation organized under the laws of this state;  or
(B)  a foreign corporation organized under laws other than the laws of this state.
(3)  "Successor asbestos-related liabilities" means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, that are related in any way to asbestos claims that were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation, with or into another corporation or that are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation.  The term includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under Section 149.004, were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this state or another jurisdiction.
(4)  "Successor" means a corporation that assumes or incurs, or has assumed or incurred, successor asbestos-related liabilities.
(5)  "Transferor" means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 17.01, eff. June 11, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 149 - Limitations in Civil Actions of Liabilities Relating to Certain Mergers or Consolidations › Section 149.002. Applicability

Sec. 149.002.  APPLICABILITY.  (a)  The limitations in Section 149.003 shall apply to a domestic corporation or a foreign corporation that has had a certificate of authority to transact business in this state or has done business in this state and that is a successor which became a successor prior to May 13, 1968, or which is any of that successor corporation's successors, but in the latter case only to the extent of the limitation of liability applied under Section 149.003(b) and subject also to the limitations found in this chapter, including those in Subsection (b).
(b)  The limitations in Section 149.003 shall not apply to:
(1)  workers' compensation benefits paid by or on behalf of an employer to an employee under the Texas Workers' Compensation Act, Subtitle A, Title 5, Labor Code, or a comparable workers' compensation law of another jurisdiction;
(2)  any claim against a corporation that does not constitute a successor asbestos-related liability;
(3)  an insurance corporation, as that term is used in the Insurance Code;
(4)  any obligations under the National Labor Relations Act (29 U.S.C. Section 151 et seq.), as amended, or under any collective bargaining agreement;
(5)  a successor that, after a merger or consolidation, continued in the business of mining asbestos or in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing, or installing asbestos-containing products which were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor;
(6)  a contractual obligation existing as of the effective date of this chapter that was entered into with claimants or potential claimants or their counsel and which resolves asbestos claims or potential asbestos claims;
(7)  any claim made against the estate of a debtor in a bankruptcy proceeding commenced prior to April 1, 2003, under the United States Bankruptcy Code (11 U.S.C. Section 101 et seq.) by or against such debtor, or against a bankruptcy trust established under 11 U.S.C. Section 524(g) or similar provisions of the United States Code in such a bankruptcy proceeding commenced prior to such date;  or
(8)  a successor asbestos-related liability arising from a claim brought under Chapter 95, a common law claim for premises liability, or a cause of action for premises liability, as applicable, but only if the successor owned or controlled the premise or premises at issue after the merger or consolidation.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 17.01, eff. June 11, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 149 - Limitations in Civil Actions of Liabilities Relating to Certain Mergers or Consolidations › Section 149.003. Limitations on Successor Asbestos-Related Liabilities

Sec. 149.003.  LIMITATIONS ON SUCCESSOR ASBESTOS-RELATED LIABILITIES.  (a)  Except as further limited in Subsection (b), the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation.  The corporation does not have any responsibility for successor asbestos-related liabilities in excess of this limitation.
(b)  If the transferor had assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total assets of the prior transferor, determined as of the time of such earlier merger or consolidation, shall be substituted for the limitation set forth in Subsection (a) for purposes of determining the limitation of liability of a corporation.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 17.01, eff. June 11, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 149 - Limitations in Civil Actions of Liabilities Relating to Certain Mergers or Consolidations › Section 149.004. Establishing Fair Market Value of Total Gross Assets

Sec. 149.004.  ESTABLISHING FAIR MARKET VALUE OF TOTAL GROSS ASSETS.  (a)  A corporation may establish the fair market value of total gross assets for the purpose of the limitations under Section 149.003 through any method reasonable under the circumstances, including:
(1)  by reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arm's-length transaction;  or
(2)  in the absence of other readily available information from which fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.
(b)  Total gross assets include intangible assets.
(c)  Total gross assets include the aggregate coverage under any applicable liability insurance that was issued to the transferor whose assets are being valued for purposes of this section and which insurance has been collected or is collectable to cover successor asbestos-related liabilities (except compensation for liabilities arising from workers' exposure to asbestos solely during the course of their employment by the transferor). A settlement of a dispute concerning such insurance coverage entered into by a transferor or successor with the insurers of the transferor 10 years or more before the enactment of this chapter shall be determinative of the aggregate coverage of such liability insurance to be included in the calculation of the transferor's total gross assets.
(d)  The fair market value of total gross assets shall reflect no deduction for any liabilities arising from any asbestos claim.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 17.01, eff. June 11, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 149 - Limitations in Civil Actions of Liabilities Relating to Certain Mergers or Consolidations › Section 149.005. Adjustment

Sec. 149.005.  ADJUSTMENT.  (a)  Except as provided in Subsections (b), (c), and (d), the fair market value of total gross assets at the time of a merger or consolidation increases annually at a rate equal to the sum of:
(1)  the prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation;  and
(2)  one percent.
(b)  The rate in Subsection (a) is not compounded.
(c)  The adjustment of fair market value of total gross assets continues as provided under Subsection (a) until the date the adjusted value is exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the corporation or a predecessor, or by or on behalf of a transferor, after the time of the merger or consolidation for which the fair market value of total gross assets is determined.
(d)  No adjustment of the fair market value of total gross assets shall be applied to any liability insurance otherwise included in the definition of total gross assets by Section 149.004(c).
Added by Acts 2003, 78th Leg., ch. 204, Sec. 17.01, eff. June 11, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 149 - Limitations in Civil Actions of Liabilities Relating to Certain Mergers or Consolidations › Section 149.006. Scope of Chapter

Sec. 149.006.  SCOPE OF CHAPTER.  The courts in this state shall apply, to the fullest extent permissible under the United States Constitution, this state's substantive law, including the limitation under this chapter, to the issue of successor asbestos-related liabilities.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 17.01, eff. June 11, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 150 - Licensed or Registered Professionals › Section 150.001. Definitions

Sec. 150.001.  DEFINITIONS.  In this chapter:
(1)  "Certified municipal inspector" means an individual who is employed full-time by a political subdivision and is currently:
(A)  certified by a national model code group; or
(B)  licensed as a plumbing inspector, as defined by Section 1301.002, Occupations Code.
(1-a)  "Claimant" means a party, including a plaintiff or third-party plaintiff, seeking recovery for damages, contribution, or indemnification.
(1-b)  "Complaint" means any petition or other pleading which, for the first time, raises a claim against a licensed or registered professional for damages arising out of the provision of professional services by the licensed or registered professional.
(1-c)  "Licensed or registered professional" means a licensed architect, licensed professional engineer, registered professional land surveyor, registered landscape architect, or any firm in which such licensed or registered professional practices, including but not limited to a corporation, professional corporation, limited liability corporation, partnership, limited liability partnership, sole proprietorship, joint venture, or any other business entity.
(1-d)  "National model code group" means an organization consisting of industry and government fire and building safety officials that develops and promulgates a national model code, as defined by Section 214.217, Local Government Code.
(2)  "Practice of architecture" has the meaning assigned by Section 1051.001, Occupations Code.
(3)  "Practice of engineering" has the meaning assigned by Section 1001.003, Occupations Code.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 20.01, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 189 (H.B. 854), Sec. 1, eff. May 27, 2005.
Acts 2005, 79th Leg., Ch. 208 (H.B. 1573), Sec. 2, eff. September 1, 2005.
Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch. 789 (S.B. 1201), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 244 (H.B. 403), Sec. 1, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 661 (S.B. 1928), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 150 - Licensed or Registered Professionals › Section 150.003. Liability for Services Rendered During Disaster

Sec. 150.003.  LIABILITY FOR SERVICES RENDERED DURING DISASTER.  (a)  This section applies only to a licensed or registered professional who provides architectural or engineering services if the services:
(1)  are authorized, as appropriate for the professional, in:
(A)  Chapter 1001, Occupations Code;
(B)  Chapter 1051, Occupations Code;
(C)  22 T.A.C.  Part 6 (Texas Board of Professional Engineers and Land Surveyors), Chapter 137 (Compliance and Professionalism); and
(D)  22 T.A.C.  Part 1 (Texas Board of Architectural Examiners), Chapter 1 (Architects), Subchapter H (Professional Conduct);
(2)  subject to Subsection (d), are provided voluntarily and without compensation or the expectation of compensation;
(3)  are in response to and provided during the duration of a proclaimed state of emergency under Section 433.001, Government Code, or a declared state of disaster under Section 418.014, Government Code;
(4)  are provided at the request or with the approval of a federal, state, or local public official acting in an official capacity in response to the proclaimed state of emergency or declared disaster, including a law enforcement official, public safety official, or building inspection official; and
(5)  are related to a structure, building, roadway, piping, or other system, either publicly or privately owned.
(b)  A licensed or registered professional who provides the services to which this section applies is not liable for civil damages, including personal injury, wrongful death, property damage, or other loss related to the professional's act, error, or omission in the performance of the services, unless the act, error, or omission constitutes:
(1)  gross negligence; or
(2)  wanton, wilful, or intentional misconduct.
(c)  This section does not apply to a licensed or registered professional who is at the scene of the emergency to solicit business or perform a service for compensation on behalf of the professional or a person for whom the professional is an agent.
(d)  The entitlement of a licensed or registered professional to receive compensation for services to which this section applies does not determine whether the services provided by the professional were provided voluntarily and without compensation or the expectation of compensation.
Added by Acts 2007, 80th Leg., R.S., Ch. 132 (H.B. 823), Sec. 1, eff. May 18, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 2.01, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 150 - Licensed or Registered Professionals › Section 150.004. Liability for Services Rendered by Certified Municipal Inspector During Emergency or Disaster

Sec. 150.004.  LIABILITY FOR SERVICES RENDERED BY CERTIFIED MUNICIPAL INSPECTOR DURING EMERGENCY OR DISASTER.  (a) This section applies only to a certified municipal inspector who provides inspection services if the services:
(1)  are authorized by the scope of the inspector's:
(A)  national model code group certification; or
(B)  plumbing inspector's license under Chapter  1301, Occupations Code;
(2)  are provided voluntarily and without compensation or the expectation of compensation from any source;
(3)  are in response to and provided during the duration of a proclaimed state of emergency under Section 433.001, Government Code, or a declared state of disaster under Section 418.014, Government Code;
(4)  are provided at the request or with the approval of a federal, state, or local public official acting in an official capacity in response to the proclaimed state of emergency or declared disaster, including a law enforcement official, public safety official, or building inspection official; and
(5)  are related to a structure, building, premises, piping, or other system, either publicly or privately owned.
(b)  A certified municipal inspector who provides the services to which this section applies is not liable for civil damages, including personal injury, wrongful death, property damage, or other loss related to the inspector's act, error, or omission in the performance of the services, unless the act, error, or omission constitutes:
(1)  gross negligence; or
(2)  wanton, wilful, or intentional misconduct.
Added by Acts 2013, 83rd Leg., R.S., Ch. 244 (H.B. 403), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 150A - Discovery by Governmental Unit › Section 150A.001. Definitions

Sec. 150A.001.  DEFINITIONS.  In this chapter:
(1)  "Governmental unit" has the meaning assigned by Section 101.001.
(2)  "Religious organization" means an organization that qualifies as a religious organization under Section 11.20, Tax Code.
(3)  "Religious worship" has the meaning assigned by Section 11.20, Tax Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 39 (S.B. 24), Sec. 1, eff. May 19, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 150A - Discovery by Governmental Unit › Section 150A.002. Sermons Privileged From Disclosure to Governmental Unit

Sec. 150A.002.  SERMONS PRIVILEGED FROM DISCLOSURE TO GOVERNMENTAL UNIT.  A governmental unit may not, in any civil action or other civil or administrative proceeding to which the governmental unit is a party, compel the production or disclosure of a written copy or audio or video recording of a sermon delivered by a religious leader during religious worship of a religious organization or compel the religious leader to testify regarding the sermon.
Added by Acts 2017, 85th Leg., R.S., Ch. 39 (S.B. 24), Sec. 1, eff. May 19, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 150C - Entity Name Falsely Implying Governmental Affiliation › Section 150C.001. Definition

Sec. 150C.001.  DEFINITION.  In this chapter, "governmental unit" has the meaning assigned by Section 101.001.
Added by Acts 2021, 87th Leg., R.S., Ch. 658 (H.B. 1493), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 150C - Entity Name Falsely Implying Governmental Affiliation › Section 150C.002. Falsely Implying Governmental Affiliation

Sec. 150C.002.  FALSELY IMPLYING GOVERNMENTAL AFFILIATION.  (a)  A governmental unit is entitled to enjoin another person's use of an entity name that falsely implies governmental affiliation with the governmental unit.
(b)  In an action brought under this section, the governmental unit is entitled to injunctive relief throughout the state.
(c)  If the court finds that the person against whom the injunctive relief is sought wilfully intended to imply governmental affiliation with the governmental unit, the court, in the court's discretion, may award reasonable attorney's fees and court costs to the governmental unit.
Added by Acts 2021, 87th Leg., R.S., Ch. 658 (H.B. 1493), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 150E - Civil Actions or Arbitrations Involving Transportation Network Companies › Section 150E.001. Definitions

Sec. 150E.001.  DEFINITIONS.  In this chapter:
(1)  "Digital network" and "transportation network company" have the meanings assigned by Section 2402.001, Occupations Code.
(2)  "Network vehicle" means a land motor vehicle that:
(A)  is available on a digital network;
(B)  is of the following type:
(i)  black car or other for hire; or
(ii)  private passenger, pickup truck, or cargo van;
(C)  is designed to operate primarily on a public road;
(D)  has at least four wheels; and
(E)  has seating for not more than eight passengers, including the driver.
Added by Acts 2023, 88th Leg., R.S., Ch. 318 (H.B. 1745), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 150E - Civil Actions or Arbitrations Involving Transportation Network Companies › Section 150E.002. Applicability of Chapter

Sec. 150E.002.  APPLICABILITY OF CHAPTER.  This chapter applies only to an action or arbitration proceeding in which:
(1)  a transportation network company is a defendant;
(2)  the claimant seeks recovery of damages for loss of property, bodily injury, or death;
(3)  the claim for which the action or proceeding is brought arises out of the ownership, use, operation, or possession of a network vehicle while the vehicle's driver or passenger was logged on to a transportation network company's digital network; and
(4)  the theory of recovery for which damages are sought against the transportation network company is based on:
(A)  the ownership, operation, design, manufacture, or maintenance of a digital network accessed by a driver or passenger; or
(B)  the relationship, affiliation, or interaction with a driver logged on to a transportation network company's digital network.
Added by Acts 2023, 88th Leg., R.S., Ch. 318 (H.B. 1745), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 150E - Civil Actions or Arbitrations Involving Transportation Network Companies › Section 150E.003. Limitation of Liability

Sec. 150E.003.  LIMITATION OF LIABILITY.  (a)  A transportation network company may not be held vicariously liable for damages in an action or arbitration proceeding to which this chapter applies if:
(1)  the claimant does not prove by clear and convincing evidence that the company was grossly negligent with respect to the subject claim; and
(2)  the company has fulfilled all of the company's obligations with respect to the transportation network company driver under Chapter 2402, Occupations Code, relating to the subject claim.
(b)  Subsection (a) does not affect the liability of a transportation network company arising out of the company's own negligence or gross negligence for an act or omission relating to the use of the company's digital network, including the failure to prevent a driver from logging on to the digital network if, at the time of the event giving rise to the cause of action, the company had actual knowledge that the driver was disqualified from logging on to the company's digital network for a reason described by Section 2402.107(b), Occupations Code, that occurred after the most recent review of the driver's driving record or criminal background check required by Section 2402.107, Occupations Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 318 (H.B. 1745), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 151 - Trial by Special Judge › Section 151.001. Referral by Agreement

Sec. 151.001.  REFERRAL BY AGREEMENT.  On agreement of the parties, in civil or family law matters pending in a district court, statutory probate court, or statutory county court, the judge in whose court the case is pending may order referral of the case as provided by this chapter and shall stay proceedings in the judge's court pending the outcome of the trial.  Any or all of the issues in the cases, whether an issue of fact or law, may be referred.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 4.06(a), eff. Aug. 28, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 49 (H.B. 231), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 151 - Trial by Special Judge › Section 151.002. Motion for Referral

Sec. 151.002.  MOTION FOR REFERRAL.  Each party to the action must file in the court in which the case is filed a motion that:
(1)  requests the referral;
(2)  waives the party's right to trial by jury;
(3)  states the issues to be referred;
(4)  states the time and place agreed on by the parties for the trial;  and
(5)  states the name of the special judge, the fact that the special judge has agreed to hear the case, and the fee the judge is to receive as agreed on by the parties.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 151 - Trial by Special Judge › Section 151.003. Qualifications of Judge

Sec. 151.003.  QUALIFICATIONS OF JUDGE.  The special judge must be a retired or former district court, statutory county court, statutory probate court, or appellate court judge who:
(1)  has served as a judge for at least four years in a district court, statutory county court, statutory probate court, or appellate court;
(2)  has developed substantial experience in the judge's area of specialty;
(3)  has not been removed from office or resigned while under investigation for discipline or removal; and
(4)  annually demonstrates completion in the past calendar year of at least five days of continuing legal education in courses approved by the state bar or the supreme court.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 4.06(a), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 179, Sec. 2(a), eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 33, Sec. 1, eff. April 19, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1049 (H.B. 1923), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 151 - Trial by Special Judge › Section 151.004. Referral Order Entered

Sec. 151.004.  REFERRAL ORDER ENTERED.  An order of referral must specify the issue referred and the name of the special judge.  An order of referral may designate the time and place for trial and the time for filing of the special judge's report.  The clerk of the court shall send a copy of the order to the special judge.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 4.06(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 151 - Trial by Special Judge › Section 151.005. Procedure

Sec. 151.005.  PROCEDURE.  Rules and statutes relating to procedure and evidence in the referring judge's court apply to a trial under this chapter.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 49 (H.B. 231), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 151 - Trial by Special Judge › Section 151.006. Powers of Special Judge

Sec. 151.006.  POWERS OF SPECIAL JUDGE.  (a)  A special judge shall conduct the trial in the same manner as a court trying an issue without a jury.
(b)  While serving as a special judge, the special judge has the powers of the referring judge except that the special judge may not hold a person in contempt of court unless the person is a witness before the special judge.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 4.06(a), eff. Aug. 28, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 49 (H.B. 231), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 151 - Trial by Special Judge › Section 151.007. Representation by Attorney

Sec. 151.007.  REPRESENTATION BY ATTORNEY.  A party has the right to be represented by an attorney at the trial held as provided by this chapter.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 151 - Trial by Special Judge › Section 151.008. Court Reporter Required

Sec. 151.008.  COURT REPORTER REQUIRED.  To maintain a record of the proceedings at the hearing, the special judge shall provide a court reporter who meets the qualifications prescribed by law for court reporters in the referring judge's court.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 4.06(a), eff. Aug. 28, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 49 (H.B. 231), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 151 - Trial by Special Judge › Section 151.009. Fees and Costs

Sec. 151.009.  FEES AND COSTS.  (a)  The parties, in equal shares, shall pay:
(1)  the special judge's fee;  and
(2)  all administrative costs, including the court reporter's fee, related to the trial.
(b)  A cost for a witness called by a party or any other cost related only to a single party's case shall be paid by the party who incurred the cost.
(c)  The state or a unit of local government may not pay any costs related to a trial under this chapter.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 151 - Trial by Special Judge › Section 151.010. Restrictions

Sec. 151.010.  RESTRICTIONS.  Unless otherwise ordered by the referring judge, a trial under this chapter may not be held in a public courtroom, and a public employee may not be involved in the trial during regular working hours.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 675 (H.B. 2435), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 151 - Trial by Special Judge › Section 151.011. Special Judge's Verdict

Sec. 151.011.  SPECIAL JUDGE'S VERDICT.  The special judge's verdict must comply with the requirements for a verdict by the court.  The verdict stands as a verdict of the referring judge's court.  Unless otherwise specified in an order of referral, the special judge shall submit the verdict not later than the 60th day after the day the trial adjourns.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 49 (H.B. 231), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 151 - Trial by Special Judge › Section 151.012. New Trial

Sec. 151.012.  NEW TRIAL.  If the special judge does not submit the verdict within the time period provided by Section 151.011, the court may grant a new trial if:
(1)  a party files a motion requesting the new trial;
(2)  notice is given to all parties stating the time and place that a hearing will be held on the motion;  and
(3)  the hearing is held.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 151 - Trial by Special Judge › Section 151.013. Right to Appeal

Sec. 151.013.  RIGHT TO APPEAL.  The right to appeal is preserved.  An appeal is from the order of the referring judge's court as provided by the Texas Rules of Civil Procedure and the Texas Rules of Appellate Procedure.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 49 (H.B. 231), Sec. 6, eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 152 - Alternative Dispute Resolution System Established by Counties › Section 152.001. Definition

Sec. 152.001.  DEFINITION.  In this chapter, "alternative dispute resolution system" means an informal forum in which mediation, conciliation, or arbitration is used to resolve disputes among individuals, entities, and units of government, including those having an ongoing relationship such as relatives, neighbors, landlords and tenants, employees and employers, and merchants and consumers.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1090 (S.B. 1271), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 152 - Alternative Dispute Resolution System Established by Counties › Section 152.002. Establishment

Sec. 152.002.  ESTABLISHMENT.  (a)  The commissioners court of a county by order may establish an alternative dispute resolution system for the peaceable and expeditious resolution of disputes.
(b)  The commissioners court may do all necessary acts to make the alternative dispute resolution system effective, including:
(1)  contracting with a private nonprofit corporation, a political subdivision, a public corporation, or a combination of these entities for the purpose of administering the system;
(2)  making reasonable rules relating to the system, including rules specifying whether criminal cases may be referred to the system; and
(3)  vesting management of the system in a committee selected by the county bar association.
(c)  The actions of a committee authorized by Subsection (b)(3) are subject to the approval of the commissioners court.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1090 (S.B. 1271), Sec. 2, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 781 (S.B. 1237), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 152 - Alternative Dispute Resolution System Established by Counties › Section 152.003. Referral of Cases

Sec. 152.003.  REFERRAL OF CASES.  (a)  A judge of a district court, county court, statutory county court, probate court, or justice of the peace court in a county in which an alternative dispute resolution system has been established may, on motion of a party or on the judge's or justice's own motion, refer a civil or, if the system accepts criminal cases and on the request of an attorney representing the state, a criminal case to the system regardless of whether the defendant in the criminal case has been formally charged.  Referral under this section does not prejudice the case.
(b)  Before requesting a referral of a criminal case under this section, an attorney representing the state must obtain the consent of the victim and the defendant to the referral.
(c)  A criminal case may not be referred to the system if the defendant is charged with or convicted of an offense listed in Article 42A.054(a), Code of Criminal Procedure, or convicted of an offense, the judgment for which contains an affirmative finding under Article 42A.054(c) or (d), Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 509, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 781 (S.B. 1237), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.03, eff. January 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 152 - Alternative Dispute Resolution System Established by Counties › Section 152.006. Fee for Alternative Dispute Resolution Centers

Sec. 152.006.  FEE FOR ALTERNATIVE DISPUTE RESOLUTION CENTERS.  An entity described by Section 152.002(a) or (b)(1) that provides services for the resolution of disputes may collect a reasonable fee set by the commissioners court.
Added by Acts 2005, 79th Leg., Ch. 1192 (H.B. 282), Sec. 3, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 4, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 781 (S.B. 1237), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 152 - Alternative Dispute Resolution System Established by Counties › Section 152.007. Participant Fee for Criminal Dispute Resolution

Sec. 152.007.  PARTICIPANT FEE FOR CRIMINAL DISPUTE RESOLUTION.  (a)  An entity that provides services for the resolution of criminal disputes under this chapter may collect a reasonable fee set by the commissioners court from a person who receives the services, not to exceed $350, except that a fee may not be collected from an alleged victim of the crime.
(b)  Fees collected under this section may be paid on a periodic basis or on a deferred payment schedule at the discretion of the judge, magistrate, or program director administering the pretrial victim-offender mediation program.  The fees must be based on the defendant's ability to pay.
Added by Acts 2013, 83rd Leg., R.S., Ch. 781 (S.B. 1237), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 154 - Alternative Dispute Resolution Procedures › Subchapter A. General Provisions › Section 154.001. Definitions

Sec. 154.001.  DEFINITIONS.  In this chapter:
(1)  "Court" includes an appellate court, district court, constitutional county court, statutory county court, family law court, probate court, municipal court, or justice of the peace court.
(2)  "Dispute resolution organization" means a private profit or nonprofit corporation, political subdivision, or public corporation, or a combination of these, that offers alternative dispute resolution services to the public.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 154 - Alternative Dispute Resolution Procedures › Subchapter A. General Provisions › Section 154.002. Policy

Sec. 154.002.  POLICY.  It is the policy of this state to encourage the peaceable resolution of disputes, with special consideration given to disputes involving the parent-child relationship, including the mediation of issues involving conservatorship, possession, and support of children, and the early settlement of pending litigation through voluntary settlement procedures.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 154 - Alternative Dispute Resolution Procedures › Subchapter A. General Provisions › Section 154.003. Responsibility of Courts and Court Administrators

Sec. 154.003.  RESPONSIBILITY OF COURTS AND COURT ADMINISTRATORS.  It is the responsibility of all trial and appellate courts and their court administrators to carry out the policy under Section 154.002.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 154 - Alternative Dispute Resolution Procedures › Subchapter B. Alternative Dispute Resolution Procedures › Section 154.021. Referral of Pending Disputes for Alternative Dispute Resolution Procedure

Sec. 154.021.  REFERRAL OF PENDING DISPUTES FOR ALTERNATIVE DISPUTE RESOLUTION PROCEDURE.  (a)  A court may, on its own motion or the motion of a party, refer a pending dispute for resolution by an alternative dispute resolution procedure including:
(1)  an alternative dispute resolution system established under Chapter 26, Acts of the 68th Legislature, Regular Session, 1983 (Article 2372aa, Vernon's Texas Civil Statutes);
(2)  a dispute resolution organization;  or
(3)  a nonjudicial and informally conducted forum for the voluntary settlement of citizens' disputes through the intervention of an impartial third party, including those alternative dispute resolution procedures described under this subchapter.
(b)  The court shall confer with the parties in the determination of the most appropriate alternative dispute resolution procedure.
(c)  Except as provided by agreement of the parties, a court may not order mediation in an action that is subject to the Federal Arbitration Act (9 U.S.C. Sections 1-16).
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 621 (H.B. 1083), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 154 - Alternative Dispute Resolution Procedures › Subchapter B. Alternative Dispute Resolution Procedures › Section 154.022. Notification and Objection

Sec. 154.022.  NOTIFICATION AND OBJECTION.  (a)  If a court determines that a pending dispute is appropriate for referral under Section 154.021, the court shall notify the parties of its determination.
(b)  Any party may, within 10 days after receiving the notice under Subsection (a), file a written objection to the referral.
(c)  If the court finds that there is a reasonable basis for an objection filed under Subsection (b), the court may not refer the dispute under Section 154.021.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 154 - Alternative Dispute Resolution Procedures › Subchapter B. Alternative Dispute Resolution Procedures › Section 154.023. Mediation

Sec. 154.023.  MEDIATION.  (a)  Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them.
(b)  A mediator may not impose his own judgment on the issues for that of the parties.
(c)  Mediation includes victim-offender mediation by the Texas Department of Criminal Justice described in Article 56A.602, Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.  Amended by Acts 2001, 77th Leg., ch. 1034, Sec. 12, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.03, eff. January 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 154 - Alternative Dispute Resolution Procedures › Subchapter B. Alternative Dispute Resolution Procedures › Section 154.024. Mini-Trial

Sec. 154.024.  MINI-TRIAL.  (a)  A mini-trial is conducted under an agreement of the parties.
(b)  Each party and counsel for the party present the position of the party, either before selected representatives for each party or before an impartial third party, to define the issues and develop a basis for realistic settlement negotiations.
(c)  The impartial third party may issue an advisory opinion regarding the merits of the case.
(d)  The advisory opinion is not binding on the parties unless the parties agree that it is binding and enter into a written settlement agreement.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 154 - Alternative Dispute Resolution Procedures › Subchapter B. Alternative Dispute Resolution Procedures › Section 154.025. Moderated Settlement Conference

Sec. 154.025.  MODERATED SETTLEMENT CONFERENCE.  (a)  A moderated settlement conference is a forum for case evaluation and realistic settlement negotiations.
(b)  Each party and counsel for the party present the position of the party before a panel of impartial third parties.
(c)  The panel may issue an advisory opinion regarding the liability or damages of the parties or both.
(d)  The advisory opinion is not binding on the parties.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 154 - Alternative Dispute Resolution Procedures › Subchapter B. Alternative Dispute Resolution Procedures › Section 154.026. Summary Jury Trial

Sec. 154.026.  SUMMARY JURY TRIAL.  (a)  A summary jury trial is a forum for early case evaluation and development of realistic settlement negotiations.
(b)  Each party and counsel for the party present the position of the party before a panel of jurors.
(c)  The number of jurors on the panel is six unless the parties agree otherwise.
(d)  The panel may issue an advisory opinion regarding the liability or damages of the parties or both.
(e)  The advisory opinion is not binding on the parties.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.