CHAPTER 24. DISTRICT COURTS
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE A. COURTS
CHAPTER 24. DISTRICT COURTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 24.001. AGE QUALIFICATION OF JUDGES. A district judge must
be at least 25 years old.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.002. SUBSTITUTE JUDGES. A change of venue is not
necessary because of the disqualification of a district judge in
a case or proceeding pending in his court, but the judge shall
immediately certify his disqualification to the governor. The
governor shall designate a district judge of another district to
exchange benches with the disqualified judge to try the case. The
governor shall notify both judges of his designation, and the
judges shall exchange benches. If the judges are prevented from
exchanging benches, the parties or their counsels may agree on an
attorney of the court for the trial of the case. The district
judge or special judge shall certify to the governor the fact of
a failure of the parties or their counsels to agree on an
attorney, and the governor shall appoint a person legally
qualified to act as judge in the trial of the case.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.003. SUBSTITUTE JUDGES IN CERTAIN COUNTIES. (a) This
section applies only to civil cases in counties with five or more
district courts.
(b) If a district judge is disqualified in a case pending in his
court and his disqualification is certified to the governor, the
governor may require any other district judge in the county to
exchange benches with the disqualified judge.
(c) If a district judge is absent, sick, or disqualified, any of
the district judges in the county may hold court for him or may
transfer a pending case to the court of any other district judge
in the county.
(d) Repealed by Acts 1993, 73rd Leg., ch. 90, Sec. 1, eff. Aug.
30, 1993.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 90, Sec. 1, eff. Aug. 30,
1993.
Sec. 24.004. SPECIAL JUDGE BY AGREEMENT OF PARTIES. If the
parties agree on a special judge for the trial of a particular
case, the clerk shall enter in the minutes of the court, as a
part of the proceedings in the case, a record showing:
(1) that the judge of the court is disqualified to try the case;
(2) the name of the special judge and that the parties agreed on
the selection of that judge for the trial of the case; and
(3) that the oath prescribed by law was administered to the
special judge.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.006. SALARY OF SPECIAL JUDGE. (a) This section applies
to payment of salary to:
(1) a special judge commissioned by the governor as provided by
Article V, Section 11, of the Texas Constitution; and
(2) a special judge agreed on by the parties as provided by
Section 24.004.
(b) Each special judge is entitled to receive for each day
served as a special judge the same daily salary that a district
judge receives.
(c) A special judge commissioned by the governor is also
entitled to receive the same daily salary that a district judge
receives for each day necessary for the special judge to travel
to and from the court.
(d) The daily salary is determined by dividing the annual salary
of a district judge by 365.
(e) In order to obtain his salary, a special judge commissioned
by the governor must present his sworn account to the comptroller
showing the number of travel days that were necessary. The judge
must also give the comptroller evidence that the judge was duly
commissioned. The account must be certified as correct by the
judge of the district or by the court clerk of the court in which
he served.
(f) A special judge agreed on by the parties or elected by the
practicing lawyers shall be paid on presenting to the comptroller
the certificate of the clerk of the court in which he served and
the judge's sworn account. The clerk's certificate must show the
record of the judge's election or appointment and must show that
the judge performed services in the court. The judge's sworn
account must show the number of days that he served as the
special judge.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 90, Sec. 4, eff. Aug. 30,
1993.
Sec. 24.007. JURISDICTION. The district court has the
jurisdiction provided by Article V, Section 8, of the Texas
Constitution.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 1.36, eff. Sept.
1, 1987.
Sec. 24.008. OTHER JURISDICTION. The district court may hear
and determine any cause that is cognizable by courts of law or
equity and may grant any relief that could be granted by either
courts of law or equity.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.009. JURISDICTIONAL AMOUNT IF PARTIES PROPERLY JOIN IN
ONE SUIT. If two or more persons originally and properly join in
one suit, the suit for jurisdictional purposes is treated as if
one party is suing for the aggregate amount of all their claims
added together, excluding interest and costs. This section does
not prevent jurisdiction from attaching on any other ground.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.010. JURISDICTION OF FAILURE TO PAY OVER CERTAIN MONEY.
The district court may hear and determine:
(1) motions against sheriffs and other officers of the court for
failure to pay over money collected under the process of the
court or other defalcation of duty in connection with the
process; and
(2) motions against attorneys for money collected by them and
not paid over.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.011. WRIT POWER. A judge of a district court may,
either in termtime or vacation, grant writs of mandamus,
injunction, sequestration, attachment, garnishment, certiorari,
and supersedeas and all other writs necessary to the enforcement
of the court's jurisdiction.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.012. TERMS AND SESSIONS OF COURT. (a) Each district
and criminal district court holds at least two terms of court
each year in each county in the district.
(b) Except as otherwise provided by this chapter, the terms of
each district, family district, and criminal district court are
continuous. Each term begins on a day fixed by law and continues
until the day fixed by law for the beginning of the next
succeeding term.
(c) The commencement of a term of court is not affected by the
fact that the first day of the term falls on a legal holiday or
the judge is absent from the county on the first day of the term.
(d) A district judge may hold as many sessions of court in a
county as he considers proper and expedient for the dispatch of
business and may adopt rules for that purpose as authorized by
the statutes of this state and the Texas Rules of Civil
Procedure.
(e) A district judge may hear a nonjury matter relating to a
civil or criminal case at a correctional facility in the county
in which the case is filed or prosecuted if a party to the case
or the criminal defendant is confined in the correctional
facility. For purposes of this subsection, "correctional
facility" has the meaning assigned by Section 1.07, Penal Code.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 2001, 77th Leg., ch. 1494, Sec. 1, eff. Sept. 1,
2001.
Sec. 24.013. JUDGE'S POWERS IN VACATION. (a) A judge may, in
vacation with the consent of the parties to a case:
(1) exercise powers, issue orders, and perform acts as fully as
in termtime; and
(2) try any civil case without a jury and enter final judgment.
(b) The right of appeal, writ of error, and rules of procedure
apply to actions taken under this section as if done in termtime.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., 1st C.S., ch. 25, Sec. 35, eff.
Nov. 1, 1989.
Sec. 24.014. SPECIAL TERMS. (a) A district judge may set a
time for and hold a special term in any county in his district.
(b) The judge may appoint jury commissioners who select and draw
grand and petit jurors as provided by law. The jurors may be
summoned to appear before the court at the time designated by the
judge.
(c) The judge may determine whether or not to draw or empanel a
grand jury.
(d) A new civil case may not be brought to a special term of the
court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.015. PROCEDURE AT SPECIAL TERM. (a) Juries for special
terms authorized by Section 24.014 shall be summoned in the
manner provided by law for regular terms.
(b) Any proceeding in a case that may be held at a regular term
may also be held at a special term.
(c) The following procedures in any civil or criminal case are
the same and have the same force and effect when done at a
special term as though done at a regular term:
(1) the issuance of process, whether to a regular term or a
special term;
(2) the conduct of proceedings;
(3) the issuance of an order, judgment, or decree; and
(4) an appeal.
(d) A proceeding held at a special term may be appealed as if it
were held at a regular term.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.016. APPOINTED COUNSEL. A district judge may appoint
counsel to attend to the cause of a party who makes an affidavit
that he is too poor to employ counsel to attend to the cause.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.017. PROCEEDINGS IN MULTICOUNTY DISTRICTS. (a) This
section applies in judicial districts that are composed of more
than one county.
(b) Except as provided by this section, the judge of a district
court may, in any county in his judicial district:
(1) hear and determine all preliminary and interlocutory matters
in which a jury may not be demanded;
(2) hear and determine uncontested or agreed cases and contests
of elections pending in his district, unless a party to the suit
objects; and
(3) sign all necessary orders and judgments in those matters.
(c) The judge may sign an order or decree in any case pending
for trial or on trial before him in any county in his district at
a place that is convenient to the judge and forward the order or
decree to the clerk for filing and entry.
(d) A district judge who is assigned to preside in a court of
another judicial district or is presiding in exchange or at the
request of the regular judge of the court may, in the manner
provided by this section for the regular judge, hear, determine,
and enter the orders, judgments, and decrees in a case that is
pending for trial or has been tried before the visiting judge.
(e) All contested divorce cases, all default judgments, and all
cases in which any of the parties are cited by publication must
be tried in the county in which the case is filed unless other
law authorizes the case to be tried in another county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.018. CERTAIN EFFECT OF DISTRICT REORGANIZATION. If the
counties that compose a judicial district or the time or place
for holding terms of a district court are changed by law:
(1) the process and writs issued from the district court and
made returnable to a term of court fixed by the law at the time
of the issuance are returnable to the next term of the court as
fixed by the amended law and are as legal and valid as if they
were made returnable to the term of the court as fixed by the
amended law;
(2) the grand and petit jurors selected or drawn under the prior
law in any county in the judicial district are lawfully selected
or drawn for the next term of the district court of the county as
fixed by the amended law; and
(3) the obligees in all appearance bonds and recognizances taken
in and for the district court and the witnesses summoned to
appear before the district court under the prior law are required
to appear at the next term of the court as fixed by the amended
law.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.019. EXPENSES OF DISTRICT JUDGE. (a) A district judge
engaged in the discharge of official duties in a county other
than the judge's county of residence is entitled to traveling and
other necessary expenses, as provided by Chapter 660.
(b) A district judge is entitled to receive from the state the
actual and necessary postage, telegraph, and telephone expenses
incurred in the discharge of official duties.
(c) The expenses shall be paid by the state on a sworn itemized
account showing the expenses.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(105), eff.
Sept. 1, 1995.
Sec. 24.020. JURISDICTION OVER COMMISSIONERS COURT. The
district court has appellate jurisdiction and general supervisory
control over the commissioners court, with the exceptions and
regulations prescribed by law.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 1.37, eff. Sept. 1,
1987.
Sec. 24.021. INCOMPETENCY. For purposes of Article XV, Section
6, of the Texas Constitution, "incompetency" means:
(1) gross ignorance of official duties;
(2) gross carelessness in the discharge of official duties; or
(3) inability or unfitness to promptly and properly discharge
official duties because of a serious mental or physical defect
that did not exist at the time of the judge's election.
Added by Acts 1987, 70th Leg., ch. 149, Sec. 18, eff. Sept. 1,
1987.
Sec. 24.022. EFFECT OF TRANSFER OF CERTAIN CASES FOLLOWING
CREATION OF ADDITIONAL COURT. (a) On the creation of an
additional district court in a county, an existing district court
in the county may transfer to the new court a case regarding a
child who is subject to the continuing exclusive jurisdiction of
the existing court under Title 5, Family Code, regardless of
whether the case is pending in the existing court or the existing
court rendered a final order in the case.
(b) The district court to which the case is transferred under
this section acquires continuing exclusive jurisdiction under
Title 5, Family Code, over the child.
Added by Acts 2001, 77th Leg., ch. 1148, Sec. 1, eff. June 15,
2001.
Sec. 24.033. LOCATION OF PROCEEDINGS FOLLOWING CERTAIN
DISASTERS. (a) In this section, "first tier coastal county" and
"second tier coastal county" have the meanings assigned by
Section 2210.003, Insurance Code.
(b) Notwithstanding any other law, if a disaster, as defined by
Section 418.004, occurs in a first tier coastal county or a
second tier coastal county that precludes a district court from
conducting its proceedings at the county seat of that county, the
presiding judge of the administrative judicial region, with the
approval of the judge of the affected district court, may
designate an alternate location in the judicial district at which
the court may conduct its proceedings.
Added by Acts 2007, 80th Leg., R.S., Ch.
1076, Sec. 1, eff. June 15, 2007.
Sec. 24.034. ASSIGNMENT OF CASES IN DISTRICT COURTS IN HIDALGO
COUNTY. (a) All civil and criminal cases in the district courts
in Hidalgo County shall be assigned and docketed at random by the
district clerk using an automated system.
(b) In assigning a case to a district court, the district clerk
shall take into consideration any requirement in Subchapter B
that a district court in Hidalgo County give preference to
specific matters.
Added by Acts 2009, 81st Leg., R.S., Ch.
541, Sec. 1, eff. September 1, 2009.
SUBCHAPTER B. CERTAIN JUDICIAL DISTRICTS
Sec. 24.101. 1ST JUDICIAL DISTRICT (JASPER, NEWTON, SABINE, AND
SAN AUGUSTINE COUNTIES). (a) The 1st Judicial District is
composed of Jasper, Newton, Sabine, and San Augustine counties.
(b) In addition to other jurisdiction provided by law, the 1st
District Court in Sabine and San Augustine counties has the civil
jurisdiction of a county court.
(c) The terms of the 1st District Court begin:
(1) in Jasper County on the first Monday in January and the 22nd
Monday after the first Monday in January;
(2) in Newton County on the 5th and 34th Mondays after the first
Monday in January;
(3) in San Augustine County on the 11th and 40th Mondays after
the first Monday in January; and
(4) in Sabine County on the 17th and 45th Mondays after the
first Monday in January.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.102. 2ND JUDICIAL DISTRICT (CHEROKEE COUNTY). (a) The
2nd Judicial District is composed of Cherokee County.
(b) The terms of the 2nd District Court begin on the first
Mondays in March and September.
(c) The judge may take a vacation and not attend court for four
weeks in each year.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.103. 3RD JUDICIAL DISTRICT (ANDERSON, HENDERSON, AND
HOUSTON COUNTIES). (a) The 3rd Judicial District is composed of
Anderson, Henderson, and Houston counties.
(b) The terms of the 3rd District Court begin:
(1) in Anderson County on the first Mondays in April, July, and
December;
(2) in Henderson County on the first Mondays in February, June,
and September; and
(3) in Houston County on the first Mondays in March, August, and
October.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.104. 4TH JUDICIAL DISTRICT (RUSK COUNTY). (a) The 4th
Judicial District is composed of Rusk County.
(b) The terms of the 4th District Court begin on the first
Mondays in January, March, May, July, September, and November.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.105. 5TH JUDICIAL DISTRICT (BOWIE AND CASS COUNTIES).
(a) The 5th Judicial District is composed of Bowie and Cass
counties.
(b) In addition to other jurisdiction provided by law, each
district court in Bowie and Cass counties has the civil and
criminal jurisdiction of a county court.
(c) In Bowie County, the 5th Judicial District has concurrent
jurisdiction with the 102nd Judicial District. Either court, in
term or in vacation, may transfer a pending civil or criminal
case to the other court by an order entered on the minutes of the
transferring court.
(d) The terms of the 5th District Court begin:
(1) in Bowie County on the first Mondays in January and July;
and
(2) in Cass County on the first Mondays in February, May,
August, and November.
(e) The 5th and 102nd district courts may sit in Bowie County in
Texarkana, in addition to Boston, to try, hear, and determine
nonjury civil or criminal cases, motions, arguments, and other
nonjury matters.
(f) When the courts sit in Texarkana, the Bowie County district
clerk or the clerk's deputy shall serve as clerk of the courts
and may transfer all necessary books, minutes, and records to
Texarkana or Boston when necessary. The Bowie County sheriff or
the sheriff's deputy shall attend the courts in Texarkana and
perform all duties required by law or by the court.
(g) The Commissioners Court of Bowie County may provide suitable
quarters for the 5th and 102nd district courts in Texarkana or
may make an agreement with the City of Texarkana to provide
quarters.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1012, Sec. 1, eff. Sept. 1,
1997.
Sec. 24.106. 6TH JUDICIAL DISTRICT ( LAMAR AND RED RIVER
COUNTIES). (a) The 6th Judicial District is composed of Lamar
and Red River counties.
(b) In addition to other jurisdiction provided by law, each
district court in Red River County has the civil and criminal
jurisdiction of a county court.
(c) In Red River County, the 6th Judicial District has
concurrent jurisdiction with the 102nd Judicial District. In
Lamar County, the 6th Judicial District has concurrent
jurisdiction with the 62nd Judicial District.
(d) In any county in the district in which there are two or more
district courts, the judges of those courts may, in their
discretion, either in termtime or in vacation, on motion of any
party, on agreement of the parties, or on their own motion,
transfer any civil or criminal case or proceeding on their
dockets to the docket of one of the other district courts. In
Lamar County, the judges may transfer a case by an order entered
in the minutes of the transferring court. The judges of the
courts may, in their discretion, exchange benches or districts
from time to time. Any of the judges may in his own courtroom try
and determine any case or proceeding pending in any of the other
courts without having the case transferred or may sit in any of
the other courts and hear and determine any case or proceeding
pending in one of those courts. Two or more judges may try
different cases in the same court at the same time and each may
occupy his own courtroom or the room of any other court. In case
of absence, sickness, or disqualification of any of the judges,
any other of the judges may hold court for him. Any of the judges
may hear and determine any part or question of any case or
proceeding pending in any of the courts, and any other of the
judges may complete the hearing and render judgment in the
proceeding. Any of the judges may hear and determine motions,
petitions for injunction, applications for appointment of
receivers, interventions, motions to transfer venue, pleas in
abatement and all dilatory pleas, motions for new trials, and all
preliminary matters, questions, and proceedings, and may enter
judgment or order on them in the court in which the case or
proceeding is pending without having the matter transferred to
the court of the acting judge. The judge in whose court the
matter is pending may proceed to hear, complete, and determine
the matter or all or any part of any other matter and may render
final judgment on it. Any of the judges of the courts may issue
restraining orders and injunctions returnable to any of the other
courts. This subsection does not limit the powers of the judges
when acting for any other judge by exchange of benches or
otherwise.
(e) The terms of the 6th District Court in each county in the
district begin on the first Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1342, Sec. 1(c), eff. January 1, 2010.
Acts 2007, 80th Leg., R.S., Ch.
1342, Sec. 1(d), eff. January 1, 2010.
Sec. 24.107. 7TH JUDICIAL DISTRICT (SMITH COUNTY). (a) The 7th
Judicial District is composed of Smith County.
(b) The terms of the 7th District Court begin on the first
Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.108. 8TH JUDICIAL DISTRICT (DELTA, FRANKLIN, HOPKINS,
AND RAINS COUNTIES). (a) The 8th Judicial District is composed
of Delta, Franklin, Hopkins, and Rains counties.
(b) In any county in the district in which there are two or more
district courts, those district courts have concurrent
jurisdiction in that county.
(c) In any county in the district in which there are two or more
district courts, the judges of those courts may, in their
discretion, either in termtime or in vacation, on motion of any
party, on agreement of the parties, or on their own motion,
transfer any civil or criminal case or proceeding on their
dockets to the docket of one of the other district courts. The
judges in Delta and Franklin counties may transfer a case by an
order entered on the minutes of the transferring court. The
judges of the courts may, in their discretion, exchange benches
or districts from time to time. If a judge of one of the courts
is disqualified, he may transfer the case or proceeding from his
court to one of the other courts. Any of the judges may in his
own courtroom try and determine any case or proceeding pending in
any of the other courts without having the case transferred or
may sit in any of the other courts and hear and determine any
case or proceeding pending in one of those courts. Two or more
judges may try different cases in the same court at the same time
and each may occupy his own courtroom or the room of any other
court. In case of absence, sickness, or disqualification of any
of the judges, any other of the judges may hold court for him.
Any of the judges may hear and determine any part or question of
any case or proceeding pending in any of the courts, and any
other of the judges may complete the hearing and render judgment
in the proceeding. Any of the judges may hear and determine
motions, petitions for injunction, applications for appointment
of receivers, interventions, motions to transfer venue, pleas in
abatement and all dilatory pleas, motions for new trials, and all
preliminary matters, questions, and proceedings, and may enter
judgment or order on them in the court in which the case or
proceeding is pending without having the matter transferred to
the court of the acting judge. The judge in whose court the
matter is pending may proceed to hear, complete, and determine
the matter or all or any part of any other matter and may render
final judgment on it. Any of the judges of the courts may issue
restraining orders and injunctions returnable to any of the other
courts. This subsection does not limit the powers of the judges
when acting for any other judge by exchange of benches or
otherwise.
(d) The terms of the 8th District Court begin on the first
Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.109. 9TH JUDICIAL DISTRICT (MONTGOMERY COUNTY). (a)
The 9th Judicial District is composed of Montgomery County.
(b) The terms of the 9th District Court begin on the first
Monday in January and the first Monday in July.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 704, Sec. 1, eff. Jan. 1,
1997; Acts 2003, 78th Leg., ch. 1308, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1342, Sec. 9(b), eff. September 1, 2007.
Sec. 24.110. 410TH JUDICIAL DISTRICT (MONTGOMERY COUNTY). (a)
The 410th Judicial District is composed of Montgomery County.
(b) The terms of the 410th District Court begin on the first
Monday in January and the first Monday in July.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 704, Sec. 2, eff. Jan. 1,
1997.
Amended by:
Acts 2005, 79th Leg., Ch.
657, Sec. 1, eff. September 1, 2005.
Sec. 24.111. 10TH JUDICIAL DISTRICT (GALVESTON COUNTY). (a)
The 10th Judicial District is composed of Galveston County.
(b) The terms of the 10th and 56th district courts begin on the
first Mondays in January and July.
(c) In all suits, actions, or proceedings in the district courts
in Galveston County, it is sufficient for the address or
designation to be the "District Court of Galveston County."
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.112. 11TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The
11th Judicial District is composed of Harris County.
(b) Except as provided by Subsection (g), the provisions of this
section apply to the 11th, 55th, 61st, 80th, 113th, 125th, 127th,
129th, 133rd, 151st, 152nd, 157th, 164th, and 165th judicial
districts.
(c) The terms of each of the district courts begin on the first
Mondays in January and July. The first term is designated the
January-June term and the second term is designated the
July-December term.
(d) In all suits, actions, or proceedings in the district
courts, it is sufficient for the address or designation to be
"District Court of Harris County."
(e) The judge of each district court shall sign the minutes of
each court term not later than the 30th day after the end of the
term and shall also sign the minutes at the end of each volume of
the minutes. Each judge sitting in the court shall sign the
minutes of the proceedings that were held before him.
(f) The judge of each district court may take the same vacation
as the other district court judges of Harris County at any time
during the year. During the judge's vacation, the court term
remains open, and the judge of any other district court may hold
court during the judge's vacation. The judges of the district
courts shall, by agreement among themselves, take their vacations
alternately so that there are at all times at least six district
court judges in the county.
(g) Subsection (h) applies to the 11th, 55th, 61st, 80th, 113th,
125th, 127th, 129th, 133rd, 151st, 152nd, 157th, 164th, 165th,
189th, 190th, 215th, 234th, 269th, 270th, 280th, 281st, 295th,
333rd, and 334th judicial districts.
(h) The judges of the district courts listed in Subsection (g)
by agreement shall designate one of the listed district courts as
the domestic violence district court for Harris County. In
designating the domestic violence district court, the judges
shall give preference to a district court:
(1) that has a judicial vacancy at the time of the agreement; or
(2) for which the sitting judge of the district court has not at
the time of the agreement announced a candidacy or become a
candidate in the upcoming election for that judicial office.
(i) Subject to any jurisdictional limitations, the district
court designated under Subsection (h) as the domestic violence
district court shall give preference to domestic violence cases,
including cases involving:
(1) dating violence, as defined by Section 71.0021, Family Code;
and
(2) family violence, as defined by Section 71.004, Family Code.
(j) For the purposes of determining the preference the
designated domestic violence district court is required to give
cases under Subsection (i):
(1) a domestic violence case means:
(A) an original application for a protective order under Title
4, Family Code;
(B) an original application for a protective order under Title
4, Family Code, that involves both parties and is filed
concurrently with an original petition under the Family Code; and
(C) any matter involving custody of a minor child if one parent
is alleged to have caused the death of another parent and there
is a history of domestic violence in the parents' relationship;
and
(2) subject to judicial discretion and resources, the designated
domestic violence district court may also hear divorce and
custody cases in which:
(A) a court has made an affirmative finding of family violence
involving both parties; or
(B) a protective order has been issued under Title 4, Family
Code, involving both parties.
(k) The designated domestic violence district court shall:
(1) provide timely and efficient access to emergency protective
orders and other court remedies for persons the court determines
are victims of domestic violence;
(2) integrate victims' services for persons the court determines
are victims of domestic violence who have a case before the
court; and
(3) promote an informed and consistent court response to
domestic violence cases to lessen the number of misdemeanors,
felonies, and fatalities related to domestic violence in Harris
County.
(l) The Harris County district clerk shall create a form and
establish procedures to transfer a domestic violence case that
qualifies for preference under this section to the domestic
violence district court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 90, Sec. 5, eff. Aug. 30,
1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
572, Sec. 1, eff. September 1, 2009.
Sec. 24.113. 12TH JUDICIAL DISTRICT (GRIMES, LEON, MADISON, AND
WALKER COUNTIES). (a) The 12th Judicial District is composed of
Grimes, Leon, Madison, and Walker counties.
(b) The terms of the 12th District Court in each county of the
district begin on the first Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.114. 13TH JUDICIAL DISTRICT (NAVARRO COUNTY). (a) The
13th Judicial District is composed of Navarro County.
(b) In addition to other jurisdiction provided by law, each
district court in Navarro County has the civil jurisdiction of a
county court.
(c) The terms of the 13th District Court begin on the first
Mondays in January, April, July, and October.
(d) The judge of the 13th District Court shall impanel grand
juries at the April and October terms and at any other terms as
ordered by the judge.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.115. 14TH JUDICIAL DISTRICT (DALLAS COUNTY). (a) The
14th Judicial District is composed of Dallas County.
(b) The terms of the 14th District Court begin on the second
Mondays in January, April, July, and October.
(c) Except for Subsection (b), which applies only to the 14th
District Court, this section applies to the 14th, 44th, 68th,
95th, 101st, 116th, 134th, 160th, and 162nd district courts, the
Criminal Judicial District of Dallas County, and the Criminal
Judicial Districts Nos. 2, 3, 4, 5, 6, and 7 of Dallas County.
(d) The district courts and criminal district courts having
jurisdiction in Dallas County have concurrent jurisdiction.
(e) The judges of the district and criminal district courts of
Dallas County shall, by agreement among themselves, take
vacations so that there are at all times at least three judges of
those courts in the county.
(f) Repealed by Acts 1993, 73rd Leg., ch. 90, Sec. 3, eff. Aug.
30, 1993.
(g) The Dallas County sheriff or the sheriff's deputy shall
attend the courts when required by law or by the judge.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.44(2), eff. Aug.
28, 1989; Acts 1993, 73rd Leg., ch. 90, Sec. 3, eff. Aug. 30,
1993.
Amended by:
Acts 2005, 79th Leg., Ch.
1352, Sec. 13(a), eff. September 1, 2005.
Sec. 24.116. 15TH JUDICIAL DISTRICT (GRAYSON COUNTY). (a) The
15th Judicial District is composed of Grayson County.
(b) The 15th and 59th judicial districts have concurrent
jurisdiction in Grayson County.
(c) The terms of the 15th District Court begin on the first
Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch.
610, Sec. 1, eff. September 1, 2005.
Sec. 24.117. 16TH JUDICIAL DISTRICT (DENTON COUNTY). (a) The
16th Judicial District is composed of Denton County.
(b) The terms of the 16th District Court begin on the first
Mondays in January and July of each year.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 649, Sec. 1, eff. June 14,
1989.
Sec. 24.118. 17TH JUDICIAL DISTRICT (TARRANT COUNTY). (a) The
17th Judicial District is composed of Tarrant County.
(b) The 17th, 48th, 67th, 96th, and 153rd district courts have
concurrent jurisdiction in Tarrant County.
(c) The terms of the 17th and 96th district courts begin on the
first Mondays in January, April, July, and October.
(d) The 17th District Court shall give preference to civil
matters.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
580, Sec. 1, eff. June 19, 2009.
Sec. 24.119. 18TH JUDICIAL DISTRICT (JOHNSON AND SOMERVELL
COUNTIES). (a) The 18th Judicial District is composed of
Johnson and Somervell counties.
(b) The terms of the 18th District Court in each county in the
district begin on the first Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.27(a), eff.
Sept. 1, 1987.
Sec. 24.120. 19TH JUDICIAL DISTRICT (MCLENNAN COUNTY). (a) The
19th Judicial District is composed of McLennan County.
(b) The 19th, 54th, 74th, 170th, and 414th district courts have
concurrent jurisdiction in McLennan County.
(b-1) The 19th District Court has concurrent jurisdiction with
the county court and the statutory county courts of McLennan
County in misdemeanor cases as well as the jurisdiction
prescribed by general law for district courts.
(c) The terms of the 19th District Court begin on the first
Mondays in January, March, May, July, September, and November.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
848, Sec. 1, eff. September 1, 2009.
Sec. 24.121. 20TH JUDICIAL DISTRICT (MILAM COUNTY). (a) The
20th Judicial District is composed of Milam County.
(b) The terms of the 20th District Court begin on the third
Mondays in January, May, and September.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.122. 21ST JUDICIAL DISTRICT (BASTROP, BURLESON, LEE, AND
WASHINGTON COUNTIES). (a) The 21st Judicial District is
composed of Bastrop, Burleson, Lee, and Washington counties.
(b) The terms of the 21st District Court begin:
(1) in Bastrop County on the second Tuesday in January and the
15th Tuesday after the first Tuesday in March;
(2) in Burleson County on the 10th Tuesdays after the first
Tuesdays in March and September;
(3) in Lee County on the sixth Tuesdays after the first Tuesdays
in March and September; and
(4) in Washington County on the first Tuesdays in March and
September.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.123. 22ND JUDICIAL DISTRICT (CALDWELL, COMAL, AND HAYS
COUNTIES). (a) The 22nd Judicial District is composed of
Caldwell, Comal, and Hays counties.
(b) In addition to other jurisdiction provided by law, each
district court in Comal County has the civil and criminal
jurisdiction of a county court.
(c) The terms of the 22nd District Court begin:
(1) in Caldwell County on the first Mondays in March, June,
September, and December;
(2) in Comal County on the first Mondays in April, July,
October, and January; and
(3) in Hays County on the first Mondays in February, May,
August, and November.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.124. 23RD JUDICIAL DISTRICT (BRAZORIA, MATAGORDA, AND
WHARTON COUNTIES). (a) The 23rd Judicial District is composed
of Brazoria, Matagorda, and Wharton counties.
(b) The terms of the 23rd District Court begin:
(1) in Brazoria County on the first Mondays in April and
October, and the terms are designated the April-September and
October-March terms;
(2) in Matagorda County on the first Mondays in June and
December, and the terms are designated the June-November and
December-May terms; and
(3) in Wharton County on the first Mondays in July and January,
and the terms are designated the July-December and January-June
terms.
(c) There is one general docket for the 23rd and 130th district
courts in Matagorda County. All suits and proceedings within the
jurisdiction of the courts in Matagorda County shall be addressed
to the district court of Matagorda County. All citations,
notices, restraining orders, and other process issued in
Matagorda County by the clerk or judges of the courts are
returnable to the district court of Matagorda County without
reference to the court number. On return of the process the judge
of either court may preside over the hearing or trial. The judges
of the 23rd and 130th district courts in Matagorda County may
hear and dispose of any matter on the courts' general docket
without transferring the matter.
(d) The Matagorda County district clerk shall keep one set of
minutes in which the clerk shall record all judgments and orders
of the 23rd and 130th district courts in Matagorda County. Each
of the judges of the 23rd and 130th district courts in Matagorda
County shall sign the minutes of each term of those courts not
later than the 30th day after the end of each term, shall sign
the minutes at the end of each column of the minutes, and shall
sign the minutes of the proceedings that were held before him.
(e) Each of the judges of the 23rd and 130th district courts may
take a vacation and not attend court for six weeks in each year.
The judges by agreement between themselves shall take their
vacations alternately so that there are at all times at least one
judge in his judicial district.
(f) There is one general docket for the 23rd and 329th district
courts in Wharton County. All suits and proceedings within the
jurisdiction of the courts in Wharton County shall be addressed
to the district court of Wharton County. All citations, notices,
restraining orders, and other process issued in Wharton County by
the clerk or judges of the courts are returnable to the district
court of Wharton County without reference to the court number. On
return of the process the judge of either court may preside over
the hearing or trial. The judges of the 23rd and 329th district
courts in Wharton County may hear and dispose of any matter on
the courts' general docket, both civil and criminal, without
transferring the matter.
(g) The Wharton County district clerk shall keep one set of
minutes in which the clerk shall record all judgments and orders
of the 23rd and 329th district courts in Wharton County. Each of
the judges of the 23rd and 329th district courts in Wharton
County shall sign the minutes of each term of those courts not
later than the 30th day after the end of each term, shall sign
the minutes at the end of each column of the minutes, and shall
sign the minutes of the proceedings that were held before him.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 196, Sec. 1, eff. Sept. 1,
1991.
Sec. 24.125. 24TH JUDICIAL DISTRICT (CALHOUN, DEWITT, GOLIAD,
JACKSON, REFUGIO, AND VICTORIA COUNTIES). (a) The 24th Judicial
District is composed of Calhoun, DeWitt, Goliad, Jackson,
Refugio, and Victoria counties.
(b) The terms of the 24th District Court begin:
(1) in Calhoun County on the fourth Mondays in April and
October;
(2) in DeWitt County on the second Mondays in January and July;
(3) in Goliad County on the first Mondays in February and
August;
(4) in Jackson County on the fourth Mondays in January and July;
(5) in Refugio County on the third Mondays in April and October;
and
(6) in Victoria County on the second Mondays in March and
September.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.126. 25TH JUDICIAL DISTRICT (COLORADO, GONZALES,
GUADALUPE, AND LAVACA COUNTIES). (a) The 25th Judicial District
is composed of Colorado, Gonzales, Guadalupe, and Lavaca
counties.
(b) The 25th District Court has concurrent jurisdiction with the
Second 25th District Court.
(c) The terms of the 25th District Court begin:
(1) in Colorado County on the first Mondays in February and
September;
(2) in Gonzales County on the first Mondays in January and June;
(3) in Guadalupe County on the first Mondays in March and
October; and
(4) in Lavaca County on the first Mondays in April and November.
(d) The judges of the 25th and Second 25th judicial districts
may hear and dispose of any suit or proceeding on either court's
docket without transferring the suit or proceeding. The judges
may transfer cases from one court to the other by an order
entered on the docket of the court from which the matter was
transferred. A case may not be transferred without the permission
of the judge of the court to which the case is to be transferred.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.127. SECOND 25TH JUDICIAL DISTRICT (COLORADO, GONZALES,
GUADALUPE, AND LAVACA COUNTIES). (a) The Second 25th Judicial
District is composed of Colorado, Gonzales, Guadalupe, and Lavaca
counties.
(b) The terms of the Second 25th District Court begin:
(1) in Colorado County on the first Mondays in April and
November;
(2) in Gonzales County on the first Mondays in May and December;
(3) in Guadalupe County on the first Mondays in February and
September; and
(4) in Lavaca County on the first Mondays in January and June.
(c) Section 24.126, relating to the 25th District Court,
contains provisions applicable to both that court and the Second
25th District Court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.128. 26TH JUDICIAL DISTRICT (WILLIAMSON COUNTY). (a)
The 26th Judicial District is composed of Williamson County.
(b) The terms of the 26th District Court begin on the first
Mondays in January and July.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 530, Sec. 1, eff. June 15,
1991; Acts 1995, 74th Leg., ch. 363, Sec. 1, eff. Aug. 28, 1995.
Sec. 24.129. 27TH JUDICIAL DISTRICT (BELL AND LAMPASAS
COUNTIES). (a) The 27th Judicial District is composed of Bell
and Lampasas counties.
(b) The 27th, 146th, 169th, 264th, and 426th judicial districts
have concurrent jurisdiction in Bell County.
(c) The terms of the 27th District Court begin:
(1) in Bell County on the first Mondays in January, April, July,
and October; and
(2) in Lampasas County on the first Mondays in March and
September and may continue in session until the Saturday night
before the Monday on which the next session convenes.
(d) A grand jury may not be impaneled in the district courts in
Bell County except by special order of the presiding judge.
(e) By order entered on the minutes of the court, the presiding
judge of the district courts in Bell County may in his
discretion, either in termtime or vacation, transfer any civil or
criminal case to any of the other district courts. The order of
transfer and all other orders made in the case shall be copied
and certified by the clerk and the certified copies of the orders
shall be filed with the papers of the transferred case. The
additional fees caused by the transfer shall be taxed as part of
the costs of the suit. When a cause is transferred, the clerk
shall enter the cause on the docket of the court to which the
transfer is made and the judge of that court shall try and
dispose of the cause as if the cause had been filed in his court.
Any of the judges may in his own courtroom try and determine any
case or proceeding pending in any of the other courts without
having the case transferred or may sit in any of the other courts
and hear and determine any pending case. The judge hearing a
transferred case shall indicate on the docket sheet and orders
that he is sitting for that district. Two or more judges may try
different cases in the same court at the same time, and each may
occupy his own courtroom or the room of any other court. In case
of absence, sickness, or disqualification, any of the other
judges may hold court for him. All bail bonds, recognizances, or
other obligations taken for the appearance of the defendants,
parties, or witnesses in any of the district courts or in any
inferior court in Bell County shall be binding on all the
defendants, parties, and witnesses, and their sureties, in any of
the courts in which the case is pending or to which the case is
transferred. If a case is transferred, all process, bonds,
recognizances, and obligations extant at the time of transfer
shall be returned to and filed in the court to which the case is
transferred and shall be valid and binding as if originally
issued out of that court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch.
1352, Sec. 8(b), eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1352, Sec. 8(c), eff. January 1, 2007.
Sec. 24.130. 28TH JUDICIAL DISTRICT (NUECES COUNTY). (a) The
28th Judicial District is composed of Nueces County.
(b) The 28th District Court has concurrent jurisdiction with the
94th and 117th district courts in Nueces County.
(c) The terms of the 28th District Court begin on the first
Mondays in January and July. The terms are designated the
January-July and July-January terms.
(d) In addition to other jurisdiction provided by law, the 28th
District Court has concurrent jurisdiction with the county courts
at law in Nueces County to receive a guilty plea in a misdemeanor
case pending in a county court at law in Nueces County and
dispose of the case, regardless of whether the case is
transferred to the district court. The judgment, order, or
action of the district court is valid and binding as if the case
were pending in the district court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1985, 69th Leg., ch. 480, Sec. 24.
Amended by:
Acts 2005, 79th Leg., Ch.
72, Sec. 1, eff. May 17, 2005.
Sec. 24.131. 29TH JUDICIAL DISTRICT (PALO PINTO COUNTY). (a)
The 29th Judicial District is composed of Palo Pinto County.
(b) The terms of the 29th District Court begin on the first
Monday in March, the first Monday after the third Saturday in
June, and the first Monday after the fourth Saturday in October.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.132. 30TH JUDICIAL DISTRICT (WICHITA COUNTY). (a) The
30th Judicial District is composed of Wichita County.
(b) In addition to other jurisdiction prescribed by law, each
district court in Wichita County has the civil jurisdiction of a
county court.
(c) The terms of the 30th District Court begin on the first
Mondays in January and July.
(d) The 30th, 78th, and 89th district courts in Wichita County
have concurrent jurisdiction.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.133. 31ST JUDICIAL DISTRICT (GRAY, HEMPHILL, LIPSCOMB,
ROBERTS, AND WHEELER COUNTIES). (a) The 31st Judicial District
is composed of Gray, Hemphill, Lipscomb, Roberts, and Wheeler
counties.
(b) The terms of the 31st District Court begin:
(1) in Gray County on the first Mondays in January and July;
(2) in Hemphill County on the second Monday in April and the
first Monday in November;
(3) in Lipscomb County on the fourth Monday in March and the
second Monday in September;
(4) in Roberts County on the second Monday in March and the
fourth Monday in August; and
(5) in Wheeler County on the fourth Mondays in April and
November.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.134. 32ND JUDICIAL DISTRICT (FISHER, MITCHELL, AND NOLAN
COUNTIES). (a) The 32nd Judicial District is composed of
Fisher, Mitchell, and Nolan counties.
(b) The terms of the 32nd District Court in each county in the
district begin on the first Mondays in January, May, and
September.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 2001, 77th Leg., ch. 34, Sec. 1, eff. Jan. 1,
2002.
Sec. 24.135. 33RD JUDICIAL DISTRICT (BLANCO, BURNET, LLANO, AND
SAN SABA COUNTIES). (a) The 33rd Judicial District is composed
of Blanco, Burnet, Llano, and San Saba counties.
(b) The terms of the 33rd District Court begin:
(1) in Blanco County on the first Mondays in February and
September;
(2) in Burnet County on the fourth Mondays in April and
November;
(3) in Llano County on the first Mondays in April and November;
and
(4) in San Saba County on the second Mondays in March and
October.
(c) The judge of the 33rd District Court may select jury
commissioners and impanel grand juries in each county. The judge
of the 33rd District Court may alternate the drawing of grand
juries with the judge of any other district court in each county
within the 33rd Judicial District and may order grand and petit
juries to be drawn for any term of the court as the judge
determines is necessary, by an order entered in the minutes of
the court. Indictments within each county may be returned to
either court within that county.
(d) The 33rd District Court may hear and determine, in any
county in the district convenient for the court, all preliminary
or interlocutory matters in which a jury may not be demanded, in
any case pending in any county in the district regardless of
whether the case was filed in the county in which the hearing is
held. Unless an objection is filed by a party to the suit, the
33rd District Court may hear, in any county in the district
convenient for the court, any nonjury case pending in any county
in the district, including divorces, adoptions, default
judgments, and matters in which citation was by publication,
regardless of whether the case was filed in the county in which
the hearing is held.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.08(a), eff.
Sept. 1, 1987; Acts 1999, 76th Leg., ch. 623, Sec. 1, eff. Sept.
1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1352, Sec. 14, eff. September 1, 2005.
Sec. 24.136. 34TH JUDICIAL DISTRICT (EL PASO COUNTY). (a) The
34th Judicial District is composed of El Paso County.
(b) In El Paso County, the 34th, 41st, 65th, 120th, and 171st
district courts have concurrent jurisdiction.
(c) The terms of the 34th District Court begin on the third
Mondays in April and September and the first Mondays in January,
July, and November.
(d) A grand jury may not be impaneled in any district court in
El Paso County except the 34th District Court unless the judge of
another district court in the county calls for a grand jury by
special order.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 704, Sec. 17, eff. Sept. 1,
1995.
Sec. 24.137. 35TH JUDICIAL DISTRICT (BROWN AND MILLS COUNTIES).
(a) The 35th Judicial District is composed of Brown and Mills
counties.
(b) In addition to other jurisdiction provided by law, each
district court in Mills County has the civil jurisdiction of a
county court.
(c) The terms of the 35th District Court begin:
(1) in Brown County on the first Mondays in February, June, and
November; and
(2) in Mills County on the first Mondays in January, May, and
October.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.09(a), eff.
Sept. 1, 1987.
Sec. 24.138. 36TH JUDICIAL DISTRICT (ARANSAS, BEE, LIVE OAK,
MCMULLEN, AND SAN PATRICIO COUNTIES). (a) The 36th Judicial
District is composed of Aransas, Bee, Live Oak, McMullen, and San
Patricio counties.
(b) The terms of the 36th District Court begin:
(1) in Aransas County on the fourth Mondays in April and
October;
(2) in Bee County on the first Mondays in April and October;
(3) in Live Oak County on the third Mondays in April and
October;
(4) in McMullen County on the second Mondays in January and
July; and
(5) in San Patricio County on the second Mondays in April and
October.
(c) Each of the judges of the district courts in Aransas, Bee,
Live Oak, McMullen, and San Patricio counties shall sign the
minutes of each term of his court in each of the counties not
later than the 30th day after the end of the term and shall also
sign the minutes of the other courts covering the proceedings
that were held before him.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 196, Sec. 1, eff. Sept. 1,
1993.
Sec. 24.139. 37TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) The
37th Judicial District is composed of Bexar County.
(b) This section applies to the 37th, 45th, 57th, 73rd, 131st,
144th, 150th, 166th, 175th, 186th, 187th, 224th, 225th, 226th,
227th, 285th, 288th, 289th, and 290th district courts in Bexar
County.
(c) The district courts in Bexar County have concurrent
jurisdiction.
(d) The 144th, 175th, 186th, 187th, 226th, 227th, and 290th
district courts shall give preference to criminal cases. The
terms of those courts begin on the first Mondays in January and
July. Each term continues until the court has disposed of the
business for that term.
(e) The terms of the 37th, 45th, 57th, 73rd, 131st, 150th,
166th, 224th, 225th, 285th, and 288th district courts begin on
the first Mondays in January and July.
(f) The district clerk shall docket successively on the dockets
of the courts that do not give preference to criminal cases all
civil cases and proceedings so that the civil cases and
proceedings are docketed in rotation and equally distributed
among the courts.
(g) The district clerk may consolidate the minutes of the
district courts. If the clerk decides not to consolidate the
minutes, the judge of each district court shall sign the minutes
of each court term not later than the 30th day after the end of
the term and shall also sign at the end of each volume of the
minutes. Each judge sitting in a court shall sign the minutes of
the proceedings held before him. If the clerk decides to
consolidate the minutes, each judge may accept responsibility for
the proceedings held before him by signing at the end of the
minutes or at the end of the volume.
(h) All bonds taken for the appearance of defendants, parties,
or witnesses in any district court or in any inferior court in
Bexar County are binding on all defendants, parties, or
witnesses, and their sureties, in any of the courts in which the
case is pending or to which the case may be transferred. If a
case is transferred, all process, bonds, recognizances, and
obligations extant at the time of transfer shall be returned and
filed in the court to which the case is transferred and are valid
and binding as if originally issued out of that court.
(i) The judge of each district court may take a vacation at any
time during the year. During a judge's vacation, the court term
remains open, and the judge of any other district court may hold
court during the judge's vacation. The judges of the district
courts shall, by agreement among themselves, take their vacations
so that there are district court judges in the county at all
times.
(j) The Bexar County sheriff or the sheriff's deputy shall
attend each court as required by law or by the judge.
(k) The judges of the courts that give preference to criminal
cases may impanel special and general grand juries as needed or
by agreement between the judges.
(l) By a majority vote, the judges of the courts that give
preference to criminal cases may jointly appoint not more than
four grand jury bailiffs. The bailiffs serve at the will of the
judges and may be removed by a majority vote of the judges.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 90, Sec. 6, eff. Aug. 30,
1993; Acts 1997, 75th Leg., ch. 497, Sec. 1, eff. Sept. 1, 1997.
Sec. 24.140. 38TH JUDICIAL DISTRICT (MEDINA, REAL, AND UVALDE
COUNTIES). (a) The 38th Judicial District is composed of
Medina, Real, and Uvalde counties.
(b) The terms of the 38th District Court begin:
(1) in Medina County on the first Mondays in January and June;
(2) in Real County on the first Mondays in April and November;
and
(3) in Uvalde County on the first Mondays in February and
September.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 24.141. 39TH JUDICIAL DISTRICT (HASKELL, KENT, STONEWALL,
AND THROCKMORTON COUNTIES). (a) The 39th Judicial District is
composed of Haskell, Kent, Stonewall, and Throckmorton counties.
(b) The terms of the 39th District Court begin:
(1) in Haskell County on the first Monday in January, the 15th
Monday after the first Monday in January, and the third Monday
after the first Monday in September;
(2) in Kent County on the ninth Monday after the first Monday in
January and the first Monday in September;
(3) in Stonewall County on the 6th and 20th Mondays after the
first Monday in January and the ninth Monday after the first
Monday