CHAPTER 27. JUSTICE COURTS
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE A. COURTS
CHAPTER 27. JUSTICE COURTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 27.001. BOND. Each justice of the peace must give a bond
payable to the county judge, in an amount of not more than
$5,000, and conditioned that the justice will:
(1) faithfully and impartially discharge the duties required by
law; and
(2) promptly pay to the entitled party all money that comes into
the justice's hands during the term of office.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 27.002. COMMISSION; NOTARY. Each justice of the peace
shall be commissioned as justice of the peace of the applicable
precinct and ex officio notary public of the county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 27.003. EFFECT OF PRECINCT BOUNDARY CHANGES. A person who
has served as justice of the peace of a precinct for 10 or more
consecutive years preceding a change in boundaries of the
precinct is not ineligible for reelection in the precinct because
of residence outside the precinct as long as the justice's
residence is within the boundaries of the precinct as they
existed before the change.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 27.004. RECORDS AND OTHER PROPERTY. (a) Each justice
shall arrange and safely keep all dockets, books, and papers
transmitted to the justice by the justice's predecessors in
office, and all papers filed in a case in justice court, subject
to the public access requirements prescribed by Rule 12, Rules of
Judicial Administration.
(a-1) If a person vacates the office of justice of the peace,
the person shall transfer all court records, documents, property,
and unfinished business to the person's successor on the date the
successor takes office. After the transfer, the business of the
office must be completed as if the successor had begun the
business.
(b) A person who has possession of dockets, books, or papers
belonging to the office of any justice of the peace shall deliver
them to the justice on demand. If the person refuses to deliver
them, on a motion supported by an affidavit, the person may be
attached and imprisoned by the order of the county judge until
the person makes delivery. The county judge may issue the order
in termtime or vacation. The person against whom the motion is
made must be given three days' notice of the motion before the
person may be attached.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch.
711, Sec. 1, eff. September 1, 2005.
Sec. 27.005. EDUCATIONAL REQUIREMENTS. (a) For purposes of
removal under Chapter 87, Local Government Code, "incompetency"
in the case of a justice of the peace includes the failure of the
justice to successfully complete:
(1) within one year after the date the justice is first elected,
an 80-hour course in the performance of the justice's duties; and
(2) each following year, a 20-hour course.
(b) The courses may be completed in an accredited
state-supported school of higher education.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 802, Sec. 1, eff. Sept. 1,
1989; Acts 2001, 77th Leg., ch. 147, Sec. 1, eff. Sept. 1, 2001.
Sec. 27.006. COLLECTING DEBT FOR ANOTHER; OFFENSE. (a) A
justice commits an offense if the justice:
(1) accepts for collection or undertakes the collection of a
claim for a debt for another, unless the justice acts under a law
that prescribes the duties of the justice; or
(2) accepts compensation not prescribed by law for accepting for
collection or undertaking the collection of a claim for debt for
another.
(b) An offense under Subsection (a) is a misdemeanor punishable
by a fine of not less than $200 or more than $500.
(c) In addition to the fine, the justice may be removed from
office.
(d) This section does not prohibit a justice who is authorized
by law to act for others in the collection of debts from
undertaking to collect a debt for another if the amount of the
debt is beyond the jurisdiction of the justice court.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 9, eff. Sept. 1,
1993.
SUBCHAPTER B. JURISDICTION AND POWERS
Sec. 27.031. JURISDICTION. (a) In addition to the jurisdiction
and powers provided by the constitution and other law, the
justice court has original jurisdiction of:
(1) civil matters in which exclusive jurisdiction is not in the
district or county court and in which the amount in controversy
is not more than $10,000, exclusive of interest;
(2) cases of forcible entry and detainer;
(3) foreclosure of mortgages and enforcement of liens on
personal property in cases in which the amount in controversy is
otherwise within the justice court's jurisdiction; and
(4) cases arising under Chapter 707, Transportation Code,
outside a municipality's territorial limits.
(b) A justice court does not have jurisdiction of:
(1) a suit in behalf of the state to recover a penalty,
forfeiture, or escheat;
(2) a suit for divorce;
(3) a suit to recover damages for slander or defamation of
character;
(4) a suit for trial of title to land; or
(5) a suit for the enforcement of a lien on land.
(c) A justice court has concurrent jurisdiction with a municipal
court in cases that arise in the municipality's extraterritorial
jurisdiction and that arise under an ordinance of the
municipality applicable to the extraterritorial jurisdiction
under Section 216.902, Local Government Code.
(d) A corporation need not be represented by an attorney in
justice court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 745, Sec. 2, eff. June 20,
1987; Acts 1991, 72nd Leg., ch. 776, Sec. 2, eff. Sept. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
383, Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
612, Sec. 12, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1149, Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.001(18), eff. September 1, 2009.
Sec. 27.032. EXTRAORDINARY REMEDIES. A justice of the peace may
issue writs of attachment, garnishment, and sequestration within
the justice's jurisdiction in the same manner as judges and
clerks of the district and county courts.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 27.033. OTHER POWERS. A justice of the peace may:
(1) exercise jurisdiction over other matters cognizable before a
justice of the peace under any law of this state; and
(2) proceed with all unfinished business of the office as if the
business had been originally begun before that justice.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 27.034. DEED RESTRICTION JURISDICTION. (a) A justice
court has jurisdiction of suits relating to enforcement of a deed
restriction of a residential subdivision that does not concern a
structural change to a dwelling.
(b) The petitioner in a dispute concerning a deed restriction
shall present as evidence at the first hearing in the dispute:
(1) a certified copy of the deed or other document that
establishes the restriction on the property; and
(2) other documents necessary to demonstrate that the
restriction applies to the property in dispute.
(c) In a dispute concerning a deed restriction, a justice of the
peace may order any alternative method of dispute resolution
provided by Title 7, Civil Practice and Remedies Code.
(d) The jurisdiction provided by this section is concurrent with
the jurisdiction of the district court.
(e) A justice court has jurisdiction of suits under this section
regardless of the amount in controversy.
(f) In a dispute concerning a deed restriction, a justice of the
peace may consolidate disputes relating to the same issues and
parties.
(g) An appeal under this section is by trial de novo.
(h) In this section, "deed restriction" means one or more
restrictive covenants contained or incorporated by reference in a
properly recorded deed, map, plat, replat, declaration, or other
instrument filed in the real property records, map records, or
deed records of the county in which the property is located.
(i) In this section, a "dwelling" does not include an external
structure such as a carport, fence, storage building, or
unattached garage.
(j) Nothing in this section authorizes a justice of the peace to
grant a writ of injunction.
Added by Acts 1995, 74th Leg., ch. 1022, Sec. 1, eff. June 17,
1995. Amended by Acts 1997, 75th Leg., ch. 136, Sec. 1, eff. May
19, 1997; Acts 1999, 76th Leg., ch. 672, Sec. 1, eff. June 18,
1999.
SUBCHAPTER C. CONDUCTING COURT
Sec. 27.051. TERMS OF COURT; PLACE FOR HOLDING COURT. (a) Each
justice shall hold a term of court for civil business once each
month and may transact such business out of termtime as is
authorized by law.
(b) Each justice shall hold the regular term of court at the
justice's office at times prescribed by the commissioners court.
The commissioners court shall set the time and place for holding
justice court.
(c) A justice may hold court from day to day until all business
is disposed of or may adjourn the court or trial of a case to a
particular day.
(d) If the regular term does not begin on the day set by law,
the court is considered adjourned until its next regular term.
(e) If the justice precinct in which the courthouse is located
has more than 75,000 inhabitants, the commissioners court shall
provide and furnish a suitable place in the courthouse for the
justice of that precinct to hold court.
(f) A justice of the peace of a precinct in a county with a
population of less than 30,000 may hold court in the county
courthouse or another facility provided under Section 292.002(a),
Local Government Code, for that purpose. If requested by the
justice, the commissioners court of the county may provide and
furnish a suitable place in the courthouse or another facility
provided under Section 292.002(a), Local Government Code, for the
justice to hold court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 1223, Sec. 1, eff. June 16,
1989; Acts 1993, 73rd Leg., ch. 825, Sec. 2, eff. Sept. 1, 1993.
Sec. 27.052. VACANCY OR ABSENCE. If the office of justice of
the peace is vacant in a precinct or if the justice is absent or
unable or unwilling to perform his duties, the nearest justice in
the county may temporarily perform the duties of the office.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 27.054. EXCHANGE OF BENCHES. (a) A justice of the peace
may hold court for any other justice in any county at the request
of that justice.
(b) The justices of any county may exchange benches for a period
not to exceed five days if they consider it expedient.
(c) A justice who exchanges benches with another justice is not
entitled to receive compensation from the commissioners court of
the county in which the regular justice serves.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch.
1164, Sec. 1, eff. September 1, 2005.
Sec. 27.055. SPECIAL AND TEMPORARY JUSTICES. (a) If a justice
of the peace is disqualified from a civil case, is sick, or is
absent from the precinct, the parties may agree on a person to
try the case. If the parties fail to agree at the first term of
the court after service is perfected, the county judge shall, on
application of the justice or either party, appoint a qualified
person to try the case. The disqualification, absence, or illness
of the justice and the selection by agreement or appointment of
another person to try the case shall be noted on the docket of
the justice.
(b) If a justice is temporarily unable to perform official
duties because of absence, recusal, illness, injury, or other
disability, the county judge may appoint a qualified person to
serve as temporary justice for the duration of the disability.
The commissioners court shall compensate the temporary justice by
the day, week, or month in an amount equal to the compensation of
the regular justice. A temporary justice has all the rights and
powers of the justice of the peace while serving in that capacity
but may not make personnel decisions about, or significant
changes in, the justice of the peace's office.
(c) In Subsections (b) and (f), "qualified person" means a
person who has served as a justice of the peace for not less than
4 1/2 years and who has not been convicted of a criminal offense
that involves moral turpitude.
(d) A person appointed under Subsection (b) or (f) may reside in
a county other than the county in which the person is appointed
as a temporary justice of the peace.
(e) The county judge may appoint any qualified voter under
Section 11.002, Election Code, to serve as a temporary justice of
the peace if the judge cannot find a qualified person who agrees
to serve under Subsection (b) or (f).
(f) In a county that has a population of more than 800,000 and
that has not more than five justices of the peace, the county
judge may appoint a qualified person to serve as a temporary
justice of the peace to hold court when necessary to dispose of
accumulated business in the precinct. The county judge may
designate the local administrative statutory county court judge
to act on behalf of the county judge in making the appointment
under this subsection.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 716, Sec. 1, eff. Sept. 1,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
1326, Sec. 1, eff. September 1, 2005.
Sec. 27.056. CLERK. (a) Each justice of the peace may
designate one or more persons to serve as clerk of the justice
court.
(b) The clerk may administer oaths and affidavits and make
certificates and affix the court's seal to those certificates.
(c) The clerk shall:
(1) maintain central docket records for all cases filed in the
justice court;
(2) maintain an index of all court judgments for cases arising
in the justice court; and
(3) perform the other duties required by law and assist the
judge in handling matters before the court.
Added by Acts 1989, 71st Leg., ch. 802, Sec. 2, eff. Sept. 1,
1989. Amended by Acts 1995, 74th Leg., ch. 96, Sec. 1, eff. Sept.
1, 1995.
Sec. 27.057. CITATION. A clerk of a justice court may issue
citation in the manner provided for justices of the peace by the
Texas Rules of Civil Procedure.
Added by Acts 1989, 71st Leg., ch. 802, Sec. 3, eff. Sept. 1,
1989.
Sec. 27.058. CIVIL DOCKET. Information in the civil docket of a
justice of the peace may be processed and stored by the use of
electronic data processing equipment, at the discretion of the
justice.
Added by Acts 1991, 72nd Leg., ch. 776, Sec. 3, eff. Sept. 1,
1991.
Sec. 27.059. JUSTICE OF THE PEACE SEAL. (a) The commissioners
court shall furnish to each justice of the peace a seal that has
a star with five points in the center. The seal must also have
"Justice Court, __________ County, Texas" and any applicable
precinct number on it.
(b) The seal may be attached to all process other than subpoenas
issued out of the justice court and may be used to authenticate
the official acts of the justice clerk and the justice of the
peace.
(c) The seal may be affixed by a seal press or stamp that
embosses or prints the seal.
Added by Acts 1991, 72nd Leg., ch. 747, Sec. 1, eff. Sept. 1,
1991. Renumbered from Sec. 27.058 by Acts 1991, 72nd Leg., 1st
C.S., ch. 14, Sec. 8.01(12), eff. Nov. 12, 1991.