reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 165 - RULES OF PROCEDURE FOR APPRAISAL REVIEW BOARD APPEALS › Section 165.9 - Notice of Appeal by Property Owner

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				appeal a board order to SOAH, a property owner must:
(1) file with the chief appraiser of the
				appraisal district not later than the 30th day after the date the property
				owner received notice of the board order a completed notice of appeal as
				described in subsection (b) of this section; and
(2) file with the chief appraiser not later
				than the 90th day after the date the property owner received notice of the
				board order a deposit in the amount of $1,500 payable to SOAH.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 165 - RULES OF PROCEDURE FOR APPRAISAL REVIEW BOARD APPEALS › Section 165.10 - Failure to Pay Deposit

Current through Reg. 49, No. 28; July 12, 2024
(a) The date, time, and
				place of the hearing on appeal shall not be set by the judge designated to hear
				the appeal until the deposit has been filed by the property owner as required
				under §
									RSA
				165.9(a)(2) of this title
				(relating to Notice of Appeal by Property Owner).
(b) If the property owner fails to pay the
				deposit as required under §
									RSA
				165.9(a)(2) of this title:
(1) SOAH shall dismiss the property owner's
				appeal; and
(2) the property owner
				is not entitled to file an appeal with SOAH in any subsequent tax
				year.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 165 - RULES OF PROCEDURE FOR APPRAISAL REVIEW BOARD APPEALS › Section 165.11 - Request to Docket Case

Current through Reg. 49, No. 28; July 12, 2024
(a) As soon as
				practicable, but no more than 30 days after receiving a notice of appeal from a
				property owner, the chief appraiser for the appraisal district shall:
(1) file with SOAH a completed request to
				docket case form as prescribed by SOAH;
(2) submit to SOAH the notice of appeal, and
				the board order;
(3) indicate,
				where appropriate, those entries in the records that are subject to the appeal;
				and
(4) request the appointment of
				a qualified judge to hear the appeal.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 165 - RULES OF PROCEDURE FOR APPRAISAL REVIEW BOARD APPEALS › Section 165.15 - Designation of Administrative Law Judge

Current through Reg. 49, No. 28; July 12, 2024
As soon as practicable after receiving a notice of appeal and
				  filing fee, SOAH shall designate a judge to hear the appeal.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 165 - RULES OF PROCEDURE FOR APPRAISAL REVIEW BOARD APPEALS › Section 165.17 - Prehearing Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) As soon as
				practicable after a judge is designated, the judge shall by order set the date,
				time, and place of the hearing on the appeal. The order shall be issued at
				least 30 days prior to the hearing date. The prehearing order shall not be
				issued until the property owner has filed the deposit as required in §
									RSA
				165.9(a)(2) of this title
				(relating to Notice of Appeal by Property Owner).
(b) The order shall state the statutes and
				administrative rules under which the hearing is to be conducted.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 165 - RULES OF PROCEDURE FOR APPRAISAL REVIEW BOARD APPEALS › Section 165.19 - Venue

Current through Reg. 49, No. 28; July 12, 2024
(a) The hearing shall be held in the
				following municipalities: Amarillo, Austin, Beaumont, Corpus Christi, El Paso,
				Fort Worth, Houston, Lubbock, Lufkin, McAllen, Midland, San Antonio, Tyler, and
				Wichita Falls.
(b) If all or part
				of the property that is the subject of the appeal is located in a municipality
				listed in subsection (a) of this section, the judge shall set the hearing in
				that municipality. If no part of the property that is the subject of the appeal
				is located in a municipality listed in subsection (a) of this section, the
				judge shall set the hearing in the listed municipality that is the nearest to
				the subject property.
(c) The
				hearing shall be held in a building owned or leased by SOAH. If SOAH does not
				have a building in the municipality where the hearing is required to be held,
				the hearing may be held in a public or privately-owned building in that
				municipality, preferably a building in which SOAH regularly conducts business.
				The hearing may not be held in a building or facility that is owned, leased, or
				under the control of an appraisal district.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 165 - RULES OF PROCEDURE FOR APPRAISAL REVIEW BOARD APPEALS › Section 165.21 - Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The hearing of an appeal is a trial de
				novo. The judge may not admit into evidence the fact of previous action by the
				board, except as otherwise provided by this chapter.
(b) Texas Government Code, Chapter 2001, and
				the Texas Rules of Evidence do not apply to a hearing under this
				chapter.
(c) Prehearing discovery
				is limited to the exchange of documents the parties will rely on during the
				hearing. Any expert witness testimony must be reduced to writing and included
				in the exchange of documents.
(d)
				Except as otherwise ordered by the judge, all documents relied on by either
				party must be filed with SOAH and the other party at least ten days before the
				scheduled hearing. Documents that are not timely filed may be excluded from the
				record.
(e) Any relevant evidence
				is admissible, subject to the imposition of time limits and the parties'
				compliance with procedural requirements imposed by the judge, including a
				schedule for the prehearing exchange of documents.
(f) A judge may consider factors such as the
				hearsay nature of testimony, the qualifications of witnesses, and other
				restrictions on the admissibility of evidence under the Texas Rules of Evidence
				in assessing the weight to be given to the evidence admitted.
(g) A hearing will be limited to three hours
				unless otherwise ordered by the judge. A property owner may request an extended
				hearing on the date the notice of appeal is filed. An appraisal district may
				request an extended hearing on the date a request to docket case is filed. Any
				request for extended hearings made after those dates will be granted only for
				good cause as determined by the judge.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 165 - RULES OF PROCEDURE FOR APPRAISAL REVIEW BOARD APPEALS › Section 165.23 - Representation of Parties

Current through Reg. 49, No. 28; July 12, 2024
(a) A property
				owner may be represented at the hearing by:
(1) the property owner;
(2) an attorney who is licensed in
				Texas;
(3) a certified public
				accountant;
(4) a registered
				property tax consultant; or
(5) any
				other person who is not otherwise prohibited from appearing in a hearing held
				by SOAH.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 165 - RULES OF PROCEDURE FOR APPRAISAL REVIEW BOARD APPEALS › Section 165.25 - Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) As soon as practicable, but no later than
				the 30th day after the date the hearing is concluded, the judge shall issue a
				determination and send a copy to the property owner and the chief
				appraiser.
(b) The judge's
				determination:
(1) must include a
				determination of the appraised or market value, as applicable, of the property
				that is the subject of the appeal;
(2) must contain a brief analysis of the
				judge's rationale for, and set out the key findings in support of, the
				determination, but is not required to contain a detailed discussion of the
				evidence admitted or the contentions of the parties;
(3) may include any remedy or relief a court
				may order under Texas Tax Code, Chapter 42, in an appeal relating to the
				appraised or market value of property, including an award of attorney's fees to
				a prevailing property owner under Texas Tax Code, §
										RSA 42.29;
				and
(4) shall specify whether the
				appraisal district or property owner is required to pay the costs of appeal and
				the amount of those costs.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 165 - RULES OF PROCEDURE FOR APPRAISAL REVIEW BOARD APPEALS › Section 165.27 - Objections to Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) A party may
				file written objections to any fact or conclusion in a determination.
				Objections must be filed within 15 days of the date of service of the
				determination. A party may file a reply to objections within 15 days of the
				filing of the objections.
(b) A
				judge may extend or shorten the time to file objections or replies.
(c) The judge shall review the objections and
				replies. The judge may issue an amended determination in response to the
				objections and replies, or correct any clerical errors in the determination. If
				the judge determines that no changes should be made to the determination, the
				judge shall so notify the parties in writing.
(d) If no objections are filed by the date
				objections are due, a determination or amended determination becomes final on
				the day that objections are due. If objections are timely filed, a
				determination or amended determination becomes final on the date that the judge
				notifies the parties in writing that no changes should be made to the
				determination or amended determination. If the judge does not notify the
				parties in writing, the determination becomes final by operation of law 45 days
				after the date of the last objection that was timely filed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 165 - RULES OF PROCEDURE FOR APPRAISAL REVIEW BOARD APPEALS › Section 165.29 - Delinquent Taxes

Current through Reg. 49, No. 28; July 12, 2024
A property owner may not file an appeal to SOAH if the taxes
				  on the property subject to the appeal are delinquent. A judge who determines
				  that the taxes on the property subject to an appeal are delinquent shall
				  dismiss the pending appeal with prejudice. If an appeal is dismissed under this
				  section, SOAH shall retain the property owner's filing fee.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 167 - DISPUTE RESOLUTION PROCESSES APPLICABLE TO CERTAIN CONSUMER HEALTH BENEFIT DISPUTES › Subchapter A - GENERAL › Section 167.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter
				  governs the procedures of the State Office of Administrative Hearings
				  concerning the appointment of mediators and special judges to conduct dispute
				  resolution proceedings prescribed by Insurance Code, Chapter 1467.
(b) These rules shall be construed to ensure
				  the fair and expeditious resolution of claims brought under Insurance Code,
				  Chapter 1467.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 167 - DISPUTE RESOLUTION PROCESSES APPLICABLE TO CERTAIN CONSUMER HEALTH BENEFIT DISPUTES › Subchapter A - GENERAL › Section 167.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The definitions contained in Insurance Code, §
										RSA
					 1467.001 shall apply in addition to the
					 definitions set forth as follows.
(1)
				  Chief Judge--The chief administrative law judge of SOAH.
(2) Health Insurance Mediation Request--The
				  completed form described in and available at
				  http://www.tdi.state.tx.us/consumer/cpmmediation.html.
(3) SOAH--The State Office of Administrative
				  Hearings.
(4) Special Judge--A
				  person having the qualifications prescribed in Texas Civil Practice and
				  Remedies Code, Chapter 151.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 167 - DISPUTE RESOLUTION PROCESSES APPLICABLE TO CERTAIN CONSUMER HEALTH BENEFIT DISPUTES › Subchapter B - INITIATING APPOINTMENT OF A MEDIATOR › Section 167.51 - Forms

Current through Reg. 49, No. 28; July 12, 2024
In order to initiate the appointment of a mediator through
					 SOAH, the Texas Department of Insurance shall file with SOAH a completed
					 Request to Docket Case form and a copy of the enrollee's Health Insurance
					 Mediation Request form.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 167 - DISPUTE RESOLUTION PROCESSES APPLICABLE TO CERTAIN CONSUMER HEALTH BENEFIT DISPUTES › Subchapter C - MEDIATOR › Section 167.101 - Mediator Qualifications

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  mediator appointed by SOAH shall have the qualifications prescribed by
				  Insurance Code, §
										RSA
				  1467.052.
(b) Notwithstanding subsection (a) of this
				  section, a person other than a mediator appointed by SOAH may conduct mediation
				  under this chapter on agreement of all parties and notice to the Chief Judge or
				  her designee.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 167 - DISPUTE RESOLUTION PROCESSES APPLICABLE TO CERTAIN CONSUMER HEALTH BENEFIT DISPUTES › Subchapter C - MEDIATOR › Section 167.103 - Roster of Mediators

Current through Reg. 49, No. 28; July 12, 2024
(a) SOAH shall
				  compile and maintain a roster of mediators qualified to serve under Insurance
				  Code, §
										RSA
				  1467.052. The roster shall be posted on
				  SOAH's public website at www.soah.state.tx.us.
(b) The mediators listed on the roster shall
				  be grouped according to the geographic region in which the mediator's mailing
				  address is located. For purposes of grouping mediators by region, SOAH shall
				  use the judicial administrative regions described in Government Code §
										RSA
				  74.042.
(c) The mediators shall be listed on the
				  roster in alphabetical order within each geographic region.
(d) Mediators qualified under Insurance Code,
				  §
										RSA
				  1467.052 who wish to be appointed under this
				  chapter shall submit the following:
(1) A
				  letter of interest containing the mediator's:
(A) name;
(B) mailing address;
(C) email address;
(D) telephone number; and
(E) facsimile number.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 167 - DISPUTE RESOLUTION PROCESSES APPLICABLE TO CERTAIN CONSUMER HEALTH BENEFIT DISPUTES › Subchapter C - MEDIATOR › Section 167.105 - Mediator Roster Update, Withdrawal, and Fee Arrangements

Current through Reg. 49, No. 28; July 12, 2024
(a) The roster of mediators will be updated
				  on January 1 and July 1 of each year. Mediators may send letters of interest
				  and qualification statements described in §
										RSA
				  167.103(d) of this title
				  (relating to Roster of Mediators) at any time, but they must be received by
				  SOAH by June 15 or December 15 of each year to be included on the next updated
				  roster. Once placed on the roster, the mediator's name shall remain there until
				  the mediator withdraws or the Chief Judge determines the mediator is not
				  qualified under Insurance Code, §
										RSA
				  1467.052.
(b) Mediators may withdraw from the roster at
				  any time. Withdrawals must be in writing and filed with SOAH.
(c) Mediators shall be solely responsible for
				  fee arrangements with and payments from parties.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 167 - DISPUTE RESOLUTION PROCESSES APPLICABLE TO CERTAIN CONSUMER HEALTH BENEFIT DISPUTES › Subchapter C - MEDIATOR › Section 167.107 - Appointment of a Mediator

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless the
				  parties have provided notice to the Chief Judge or her designee that they have
				  agreed to retain a mediator who meets the qualifications set forth in Insurance
				  Code, §
										RSA
				  1467.054, the Chief Judge or her designee
				  shall appoint a mediator from the roster of qualified mediators maintained by
				  SOAH. Whenever practicable, the mediator shall be chosen randomly from the
				  group of mediators located within the geographic region in which the mediation
				  will be held.
(b) If no mediator is
				  on the roster or available from the geographic region that includes the county
				  in which the mediation must be held pursuant to Insurance Code, §
										RSA
				  1467.052, SOAH shall appoint a mediator who
				  is willing to travel from another geographic region to the county in which the
				  mediation must be held.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 167 - DISPUTE RESOLUTION PROCESSES APPLICABLE TO CERTAIN CONSUMER HEALTH BENEFIT DISPUTES › Subchapter C - MEDIATOR › Section 167.109 - Mediator Duties and Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
A mediator selected by the parties or appointed by SOAH
					 under this chapter shall perform the functions prescribed in Insurance Code,
					 Chapter 1467.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 167 - DISPUTE RESOLUTION PROCESSES APPLICABLE TO CERTAIN CONSUMER HEALTH BENEFIT DISPUTES › Subchapter D - POST MEDIATION REPORTS › Section 167.151 - Mediator's Reports Following Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) Within five days after the conclusion of
				  mediation, the mediator shall submit to the Chief Judge, the Texas Department
				  of Insurance, and the Texas Medical Board one of the following:
(1) if the mediation was successful, a report
				  indicating that the parties resolved their dispute in mediation; or
(2) if the mediation was unsuccessful, the
				  report prescribed in Insurance Code, §
											RSA
				  1467.057.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 167 - DISPUTE RESOLUTION PROCESSES APPLICABLE TO CERTAIN CONSUMER HEALTH BENEFIT DISPUTES › Subchapter E - SPECIAL JUDGES › Section 167.201 - Special Judge Qualifications

Current through Reg. 49, No. 28; July 12, 2024
The special judge shall have the qualifications prescribed
					 in Texas Civil Practice and Remedies Code, Chapter 151.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 167 - DISPUTE RESOLUTION PROCESSES APPLICABLE TO CERTAIN CONSUMER HEALTH BENEFIT DISPUTES › Subchapter E - SPECIAL JUDGES › Section 167.203 - Order of Referral to Special Judge

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Upon receiving the report of an unsuccessful mediation, the Chief Judge shall
				  enter an order of referral of the matter to a special judge.
(b) The order of referral shall:
(1) name the special judge on whom the
				  parties agreed, or if the parties did not agree on a judge, appoint a special
				  judge;
(2) state the issues to be
				  referred;
(3) set out the time and
				  place on which the parties agree for the trial;
(4) require each party to pay the party's
				  proportionate share of the special judge's fee; and
(5) certify that the parties have waived the
				  right to trial by jury. If either party fails or declines to provide a written
				  waiver within seven days after the Chief Judge or the Chief Judge's designee
				  requests them to do so, the referral shall not be made.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 167 - DISPUTE RESOLUTION PROCESSES APPLICABLE TO CERTAIN CONSUMER HEALTH BENEFIT DISPUTES › Subchapter E - SPECIAL JUDGES › Section 167.205 - Roster of Special Judges

Current through Reg. 49, No. 28; July 12, 2024
(a) SOAH shall
				  compile and maintain a roster of special judges qualified to accept referrals
				  under this chapter. The roster will be posted on SOAH's website at
				  www.soah.state.tx.us.
(b) Special
				  judges qualified under Texas Civil Practice and Remedies Code, Chapter 151 and
				  who want to be selected or appointed under this chapter shall send to the Chief
				  Judge the following:
(1) A letter of interest
				  containing the special judge's:
(A)
				  name;
(B) mailing
				  address;
(C) email
				  address;
(D) telephone number;
				  and
(E) facsimile number.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 167 - DISPUTE RESOLUTION PROCESSES APPLICABLE TO CERTAIN CONSUMER HEALTH BENEFIT DISPUTES › Subchapter E - SPECIAL JUDGES › Section 167.207 - Appointment of Special Judge

Current through Reg. 49, No. 28; July 12, 2024
(a) The Chief
				  Judge shall appoint special judges in alphabetical order and shall proceed
				  through the list in that order. If a special judge declines appointment, the
				  Chief Judge shall proceed to the next special judge on the roster. When the end
				  of the list is reached, the Chief Judge will begin again in alphabetical order
				  from the top of the list.
(b) If no
				  special judge is on the roster or available for the judicial administrative
				  region from which the unsuccessful mediation arose, the Chief Judge shall
				  appoint a special judge from an adjoining region.
(c) If no special judge is available in an
				  adjoining region, the Chief Judge shall appoint a special judge from the
				  nearest region in which a special judge is available.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 167 - DISPUTE RESOLUTION PROCESSES APPLICABLE TO CERTAIN CONSUMER HEALTH BENEFIT DISPUTES › Subchapter E - SPECIAL JUDGES › Section 167.209 - Special Judge Roster Update, Withdrawal, and Fee Arrangements

Current through Reg. 49, No. 28; July 12, 2024
(a) The roster of special judges will be
				  updated on January 1 and July 1 of each year. Special judges may send letters
				  of interest and qualification statements described in §
										RSA
				  167.205 of this title (relating to Roster of
				  Special Judges) at any time, but they must be received by SOAH by June 15 or
				  December 15 of each year in order to be on the next updated roster. Once placed
				  on the roster, a special judge shall remain there until the special judge
				  withdraws or the Chief Judge determines the special judge is not qualified
				  under Texas Civil Practice and Remedies Code, Chapter 151.
(b) Special judges may withdraw from the
				  roster at any time. Withdrawals must be in writing and filed with
				  SOAH.
(c) Special judges shall be
				  solely responsible for fee arrangements with and payments from
				  parties.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 171 - REPORTING REQUIREMENTS › Section 171.1 - Authority to Adopt and Purpose of Rules

Current through Reg. 49, No. 28; July 12, 2024
These rules are adopted under the authority granted by §
									RSA
				  71.019 of the Texas Government Code, which
				  authorizes the Texas Judicial Council to adopt rules expedient for the
				  administration of its functions; and §
									RSA
				  71.035 of the Texas Government Code, which
				  authorizes the council to require a state justice, judge, clerk, or other court
				  official, as an official duty, to comply with reasonable requirements for
				  supplying statistics pertaining to the amount and character of the civil and
				  criminal business transacted by the court or other information on the conduct,
				  operation, or business of the court or the office of the clerk of the
				  court.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 171 - REPORTING REQUIREMENTS › Section 171.2 - General Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
District clerks, county clerks, justices of the peace, and
				  municipal judges shall submit a summary-level court activity report and other
				  required reports each month to the Office of Court Administration (OCA) using
				  the methods required by this chapter. Unless specifically provided otherwise in
				  this chapter, all reports are due no later than 20 days following the end of
				  the month reported. OCA shall maintain and update reporting instructions and
				  forms initially approved by the Texas Judicial Council, and shall continually
				  make the instructions and forms available by publishing them on its website and
				  by other appropriate means.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 171 - REPORTING REQUIREMENTS › Section 171.3 - Types of Cases to be Counted and Reported

Current through Reg. 49, No. 28; July 12, 2024
(a) Criminal cases. Criminal cases include
				felony and misdemeanor cases. The number of criminal cases to be reported is
				based on the number of defendants named in the charging instrument. If a single
				charging instrument names more than one defendant, it is counted as more than
				one case. If the same defendant is charged in more than one charging
				instrument, it is counted as more than one case. If a charging instrument
				contains more than one count as provided by Article 21.24, Code of Criminal
				Procedure, it is reported as one case under the most serious offense
				alleged.
(b) Civil cases. Civil
				cases are counted and reported when an original petition is filed (no matter
				how many parties are involved) or when a case is added to the docket in a
				manner other than the filing of a new, original case, including but not limited
				to the following: the granting of a motion for new trial of a case previously
				disposed of; the transfer of a case from another county on change of venue; the
				remand of a case that had been appealed; the granting of a severance; and the
				docketing of a writ of garnishment or bill of review.
(c) Family law cases. Family law cases are
				counted and reported when an original petition is filed (no matter how many
				parties or children are involved), when a show cause motion, motion to modify,
				or similar motion is filed following entry of original judgment, or when any
				other case is filed under the Texas Family Code.
(d) Juvenile cases. Juvenile cases are
				counted and reported based on the number of respondents named in a petition for
				adjudication of a child alleged to have engaged in delinquent conduct or
				conduct indicating a need for supervision, as governed by Title 3 of the Texas
				Family Code. If the same respondent is charged in more than one petition, it is
				counted as more than one case. If one petition contains more than one count, it
				is counted as one case under the most serious offense alleged.
(e) Probate and guardianship cases. Probate
				and guardianship cases are counted and reported based on the number of
				proceedings filed or heard each month.
(f) Mental health cases. Mental health cases
				are counted and reported based on the number of applications filed or hearings
				held each month.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 171 - REPORTING REQUIREMENTS › Section 171.4 - District Court Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Method. The
				district clerk of each county shall submit a district court activity report of
				the criminal, civil, family law and juvenile cases in the county's district
				courts. A separate report may be submitted for each district court or a single
				report may be submitted showing the combined activity of all the district
				courts in the county. Unless OCA grants a waiver for good cause, the district
				clerk shall submit the reports by electronic means approved by OCA. The maximum
				duration of a waiver is one year, but OCA may approve successive
				waivers.
(b) Reporting Categories.
(1) Criminal Cases.
(A) Criminal case type categories. The
				monthly report contains the following categories of felony case types: capital
				murder, murder, other homicides, aggravated assault or attempted murder, sexual
				assault of an adult, indecency with or sexual assault of a child, family
				violence assault, aggravated robbery or robbery, burglary, theft, automobile
				theft, drug sale or manufacture, drug possession, felony D.W.I., and other
				felonies; and a misdemeanor case type category for all misdemeanors.
(B) Criminal case activity categories. The
				monthly report contains sections for reporting cases on docket, dispositions,
				supplemental information and additional court activity.
(C) Report of a request for a hate crime
				finding. This section of the monthly report requests information pursuant to
				Article
				RSA 2.211
				of the Code of Criminal Procedure.
(D) Other Case Activity Reporting.
(i) Pursuant to Section
				RSA 71.0353 of the
				Government Code, the clerk shall also report the number of cases filed for the
				following offenses:
(I) trafficking of
				persons under Sec.
				RSA 20A.02, Penal
				Code;
(II) prostitution under Sec.
				RSA 43.02, Penal Code;
				and
(III) compelling prostitution
				under Sec.
				RSA 43.05, Penal
				Code.
(ii) The clerk
				shall also report the number of reports provided to the court under Art.
				RSA
				16.22(a)(1)(B) of the Code
				of Criminal Procedure.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 171 - REPORTING REQUIREMENTS › Section 171.5 - Statutory County Court Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Method.
				Each district clerk or county clerk who maintains the records for the statutory
				county courts (including statutory probate courts) of a county shall submit a
				court activity report of criminal, civil, family law, juvenile, probate and
				guardianship, and mental health cases for these courts. A separate report may
				be submitted for each statutory county court or a single report may be
				submitted for all statutory county courts in the county. Unless OCA grants a
				waiver for good cause, the clerk shall submit the reports by electronic means
				approved by the OCA. The maximum duration of a waiver is one year, but OCA may
				approve successive waivers.
(b)
				Reporting Categories.
(1) Criminal Cases.
(A) Criminal case type categories. The
				monthly report for criminal cases is divided into sections for misdemeanors and
				felonies.
(i) Misdemeanor case types. The
				report contains the following categories for reporting misdemeanor cases:
				D.W.I.--first offense, D.W.I.--second offense, theft, theft by check, drug
				possession--marijuana, drug offenses--other, family violence assault, other
				assault, traffic, D.W.L.S./D.W.L.I., and other misdemeanor cases.
(ii) Felony case types. The report contains
				the following categories for reporting felony cases: capital murder, murder,
				other felony homicides, aggravated assault or attempted murder, sexual assault
				of an adult, indecency with or sexual assault of a child, family violence
				assault, aggravated robbery or robbery, burglary, theft, automobile theft, drug
				sale or manufacture, drug possession, felony D.W.I., and other
				felonies.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 171 - REPORTING REQUIREMENTS › Section 171.6 - Constitutional County Courts Reports

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Method. County clerks shall submit a court activity report of criminal, civil,
				juvenile, probate and guardianship, and mental health cases for each
				constitutional county court. Unless OCA grants a waiver for good cause, county
				clerks shall submit the reports by electronic means approved by the OCA. The
				maximum duration of a waiver is one year, but OCA may approve successive
				waivers.
(b) Reporting Categories.
(1) Criminal Cases.
(A) Criminal case type categories. The
				monthly report contains the following categories of misdemeanor case types:
				D.W.I.--first offense, D.W.I.--second offense, theft, theft by check, drug
				possession--marijuana, drug offenses--other, family violence assault, other
				assault, traffic, D.W.L.S./D.W.L.I., and other misdemeanor cases.
(B) Criminal case activity categories. The
				monthly report contains sections for reporting cases on docket, dispositions,
				supplemental information and additional court activity.
(C) Report of a request for a hate crime
				finding. This section of the monthly report requests information pursuant to
				Article
				RSA 2.211
				of the Code of Criminal Procedure.
(D) Other Case Activity Reporting. The clerk
				shall also report the number of reports provided to the court under Art.
				RSA
				16.22(a)(1)(B) of the Code
				of Criminal Procedure.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 171 - REPORTING REQUIREMENTS › Section 171.7 - Justice Court Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Method. Each
				justice of the peace shall submit a justice court activity report of the
				criminal and civil cases in the judge's court. Unless OCA grants a waiver for
				good cause, the justice of the peace shall submit the reports by electronic
				means approved by OCA. The maximum duration of a waiver is one year, but OCA
				may approve successive waivers.
(b)
				Reporting Categories.
(1) Criminal case type
				categories. The monthly report contains the following categories of criminal
				case types: traffic misdemeanors--subdivided into non-parking, parking, and
				county ordinance offenses; and non-traffic misdemeanors--subdivided into Penal
				Code violations, other state law violations, and county ordinance
				violations.
(2) Civil case type
				categories. The monthly report contains the following categories of civil case
				types: debt claim, landlord/tenant, and small claims suits.
(3) Juvenile/minor activity. The monthly
				report contains a section for reporting court activity related to juveniles and
				minors. Pursuant to Section
				RSA
				71.0352 of the Government Code, the report
				must include:
(A) the number of cases filed
				for:
(i) truant conduct under Sec. 65.003(a),
				Family Code; and
(ii) the offense
				of parent contributing to nonattendance under Sec. 25.093, Education Code;
				and
(B) in cases in
				which a child fails to obey an order of the court under circumstances that
				would constitute contempt of court, the number of incidents in which a child
				is:
(i) referred to juvenile court for
				delinquent conduct as provided under Art. 45.050(c)(1), Code of Criminal
				Procedure, or Sec. 65.251, Family Code; or
(ii) held in contempt, fined, or denied
				driving privileges as provided by Art. 45.050(c)(2), Code of Criminal
				Procedure, or Sec. 65.251, Family Code.
(4) Additional activity. The monthly report
				contains a section for reporting additional court activity such as magistrate
				activities and information on fines, court costs and fees collected or
				otherwise satisfied.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 171 - REPORTING REQUIREMENTS › Section 171.8 - Municipal Court Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Method. Each
				municipal court shall submit a municipal court activity report of the criminal
				and civil or administrative cases in the court. Unless OCA grants a waiver for
				good cause, the court shall submit the reports by electronic means approved by
				OCA. The maximum duration of a waiver is one year, but OCA may approve
				successive waivers.
(b) Reporting
				Categories.
(1) Criminal case type
				categories. The monthly report contains the following categories of criminal
				case types: traffic misdemeanors--subdivided into non-parking, parking, and
				city ordinance offenses; and non-traffic misdemeanors--subdivided into Penal
				Code violations, other state law violations, and city ordinance
				violations.
(2)
				Civil/administrative case type category. The monthly report contains a
				civil/administrative case type category for civil or administrative
				cases.
(3) Juvenile/minor activity.
				The monthly report contains a section for reporting court activity related to
				juveniles and minors. Pursuant to Section
				RSA
				71.0352 of the Government Code, the report
				must include:
(A) the number of cases filed
				for:
(i) truant conduct under Sec. 65.003(a),
				Family Code; and
(ii) the offense
				of parent contributing to nonattendance under Sec. 25.093, Education Code;
				and
(B) in cases in
				which a child fails to obey an order of the court under circumstances that
				would constitute contempt of court, the number of incidents in which a child
				is:
(i) referred to juvenile court for
				delinquent conduct as provided under Art. 45.050(c)(1), Code of Criminal
				Procedure, or Sec. 65.251, Family Code; or
(ii) held in contempt, fined, or denied
				driving privileges as provided by Art. 45.050(c)(2), Code of Criminal
				Procedure, or Sec. 65.251, Family Code.
(4) Additional activity. The monthly report
				contains a section for reporting additional court activity such as magistrate
				activities and information on fines, court costs and fees collected or
				otherwise satisfied.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 171 - REPORTING REQUIREMENTS › Section 171.9 - Other Reports Required from the Courts

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Judicial Appointments and Fees. The clerk of each court shall submit a monthly
				report to OCA in the format prescribed by OCA. The report must:
(1) pursuant to Section
				36.004 of the
				Government Code, list every appointment made for an attorney ad litem, guardian
				ad litem, guardian, mediator, or competency evaluator and the compensation
				paid, if any. Appointments made by the court for positions exempted from
				reporting under Sec.
				36.003, Tex. Gov't
				Code, are not required to be reported.
(2) The report shall include the case number
				and style, and the name of the judge and date of order approving compensation.
				The report is due no later than 15 days following the end of the month
				reported. If no appointments were made or fees were approved by the courts in
				the preceding month, the clerk shall file a report indicating that no
				appointments or payments were made in that month.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 171 - REPORTING REQUIREMENTS › Section 171.10 - Other Reports Required by Non-Court Personnel

Current through Reg. 49, No. 28; July 12, 2024
Municipal Officers. Pursuant to Section
				  RSA
				  29.013(a) of the Government
				  Code, the secretary of a municipality with a municipal court, including a
				  municipal court of record, or the person responsible for maintaining the
				  records of the municipality's governing body, shall submit the name of each
				  person who is elected or appointed mayor, municipal court judge, or clerk of a
				  municipal court and each person who vacates these offices. This information
				  must be reported no later than 30 days after the person's election or
				  appointment to the office or vacancy from office.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 171 - REPORTING REQUIREMENTS › Section 171.11 - Annual Performance Measure Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to Sec.
				72.083(b)
				of the Government Code, the district clerk and county clerk of each county who
				maintains the records for the district courts and county courts shall annually
				submit to OCA in the manner required by OCA the following activity for each
				district court, statutory county court, statutory probate court, and
				constitutional county court in the county:
(1)
				the court's clearance rate defined as the number of cases disposed of by a
				court divided by the number of cases added to the docket of the
				court;
(2) the average time a case
				is before the court from filing to disposition; and
(3) the age of the court's active pending
				caseload.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter A - GENERAL FUNDING PROGRAM PROVISIONS › Section 173.101 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Legislature authorized the Texas Indigent Defense Commission (Commission) to
				  direct the Comptroller to distribute Fair Defense Account funds and other
				  appropriated funds, including grants, to counties and other eligible entities
				  enumerated in section
				  79.037, Government
				  Code, to provide indigent defense services. It further authorized the
				  Commission to monitor grants and enforce compliance with grant terms.
				  Subchapters A - D of this chapter apply to all indigent defense grants and
				  other funds awarded to counties or other eligible entities by the Commission.
				  Subchapter A of this chapter covers the general provisions for funding.
				  Subchapter B of this chapter addresses funding types, eligibility, and general
				  provisions of grant funding. Subchapter C of this chapter sets out the rules
				  related to administering grants. Subchapter D of this chapter specifies rules
				  regarding fiscal and program monitoring and audits. A commission-funded grantee
				  must comply with the provisions of Subchapters A - D of this chapter in effect
				  on the date the grant is awarded by the Commission, unless a subsequent
				  effective date is specified by the Commission in an original grant award or a
				  grant adjustment. Grantees must comply with all applicable state and federal
				  statutes, rules, regulations, and guidelines. In instances where both federal
				  and state requirements apply to a grantee, the more restrictive requirement
				  applies.
(b) Only counties in Texas
				  and other eligible entities enumerated in section
				  79.037, Government
				  Code, are eligible to receive grants or other funds from the
				  Commission.
(c) The Commission may
				  distribute grants in accordance with its policies and based on official
				  submissions and reports provided by grantees. These funds must be used to
				  support or improve indigent defense systems in Texas counties and are subject
				  to all applicable conditions contained in this chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter A - GENERAL FUNDING PROGRAM PROVISIONS › Section 173.102 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 will have the following meanings, unless otherwise indicated:
(1) "Applicant" is a county or other eligible
				  entity that has submitted a grant application, grant renewal documentation, or
				  other request for funding from the Commission.
(2) "Application" is any formal request for
				  funding submitted to the Commission.
(3) "Program income" means gross income
				  earned by the grantee that is directly generated by a supported activity of the
				  grant or earned as a result of the grant award during the period of
				  performance. Program income includes, but is not limited to, fees for services
				  performed.
(4) "Crime" means
(A) a misdemeanor punishable by confinement;
				  or
(B) a felony.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter A - GENERAL FUNDING PROGRAM PROVISIONS › Section 173.103 - Process for Submitting Applications for Grants and Other Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
				  shall publish notice of availability of grants and related policies on its
				  website.
(b) Grant applications.
				  The Commission will provide notice to each county judge of the availability of
				  indigent defense grants. Applicants applying pursuant to a Request for
				  Applications (RFA) must submit their applications according to the requirements
				  provided in the RFA. The RFA will provide the following:
(1) information regarding deadlines for the
				  submission of applications;
(2) the
				  maximum and minimum amounts of funding available for a grant, if
				  applicable;
(3) the starting and
				  ending dates for grants;
(4)
				  information regarding how applicants may access applications;
(5) information regarding where and how
				  applicants must submit applications;
(6) submission and program requirements;
				  and
(7) the priorities for funding
				  as established by the Commission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter A - GENERAL FUNDING PROGRAM PROVISIONS › Section 173.104 - Grant Resolutions

Current through Reg. 49, No. 28; July 12, 2024
(a) Each grant
				  application from a county must include a resolution from the county
				  commissioners' court that contains the following:
(1) authorization for the submission of the
				  application to the Commission;
(2)
				  provision giving the authorized official the power to apply for, accept,
				  decline, modify, or cancel the grant; and
(3) written assurance that, in the event of
				  loss or misuse of grant funds, the governing body will return all funds as
				  required by the Commission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter A - GENERAL FUNDING PROGRAM PROVISIONS › Section 173.105 - Selection Process

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission or
				  its designees will review all applications and shall award grants from the Fair
				  Defense Account or other funds appropriated by the Legislature.
(b) Upon reviewing an application, staff may
				  require an applicant to submit, within a specified time, additional information
				  to complete the review the application or to clarify or justify the
				  application. Neither a request for additional information nor the issuance of a
				  preliminary review report means that the Commission will fund an
				  application.
(c) The Commission
				  will inform applicants in writing or by electronic means of decisions through
				  either a Statement of Grant Award or a notification of denial.
(d) If the Commission determines that an
				  applicant has failed to submit the necessary information or has failed to
				  comply with any Commission rule or other relevant statute, rule, or
				  requirement, the Commission may hold a grantee's funds until the grantee has
				  satisfied the requirements of a special condition imposed by the Commission.
				  The Commission may reject the application and deny the grant for failure to
				  satisfy the requirements.