CHAPTER 74. COURT ADMINISTRATION ACT
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE F. COURT ADMINISTRATION
CHAPTER 74. COURT ADMINISTRATION ACT
SUBCHAPTER A. CHIEF JUSTICE
Sec. 74.001. MEETINGS. (a) The chief justice shall call and
preside over an annual meeting of the presiding judges of the
administrative judicial regions on a date and at a time and place
in the state designated by the chief justice.
(b) The chief justice may call and convene additional meetings
of the regional presiding judges or local administrative judges
that he considers necessary for the promotion of the orderly and
efficient administration of justice.
(c) At the meetings, the judges shall:
(1) study the statistics reflecting the condition of the dockets
of the courts of the state to determine the need for the
assignment of judges under Subchapter C;
(2) compare the regional and local rules of court to achieve the
uniformity of rules that is practicable and consistent with local
conditions;
(3) consider uniformity in the administration of this chapter in
the various administrative regions; and
(4) promote more effective administration of justice through the
use of this chapter.
(d) The expenses of the judges attending these meetings shall be
paid as provided by Sections 74.043 and 74.061.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987.
Sec. 74.003. ASSIGNMENT OF JUSTICES AND JUDGES FOR APPELLATE
COURTS. (a) The chief justice of the supreme court may
temporarily assign a justice of a court of appeals to another
court of appeals regardless of whether a vacancy exists in the
court of appeals to which the justice is assigned.
(b) The chief justice of the supreme court may assign a
qualified retired justice or judge of the supreme court, of the
court of criminal appeals, or of a court of appeals to a court of
appeals for active service regardless of whether a vacancy exists
in the court to which the justice is assigned. To be eligible for
assignment under this subsection, a retired justice or judge
must:
(1) have served as an active justice or judge for at least 96
months in a district, statutory probate, statutory county, or
appellate court, with at least 48 of those months in an appellate
court;
(2) not have been removed from office;
(3) certify under oath to the chief justice of the supreme
court, on a form prescribed by the chief justice, that:
(A) the justice or judge has never been publicly reprimanded or
censured by the State Commission on Judicial Conduct; and
(B) the justice or judge:
(i) did not resign or retire from office after the State
Commission on Judicial Conduct notified the justice or judge of
the commencement of a full investigation into an allegation or
appearance of misconduct or disability of the justice or judge as
provided in Section 33.022 and before the final disposition of
that investigation; or
(ii) if the justice or judge did resign from office under
circumstances described by Subparagraph (i), the justice or judge
was not publicly reprimanded or censured as a result of the
investigation;
(4) annually demonstrate that the justice or judge has completed
in the past state fiscal year the educational requirements for
active appellate court justices or judges; and
(5) certify to the chief justice of the supreme court a
willingness not to appear and plead as an attorney in any court
in this state for a period of two years.
(c) An active or retired justice or judge assigned as provided
by this section out of the county of his residence is entitled to
receive the same expenses and per diem as those allowed a
district judge assigned as provided by Subchapter C. The state
shall pay the expenses and per diem on certificates of approval
by the chief justice of the supreme court or the chief justice of
the court of appeals to which the justice or judge is assigned.
The compensation authorized by this subsection is in addition to
all other compensation authorized by law.
(d) An active justice assigned out of the county of his
residence as provided by this section is entitled to receive, pro
rata for the time serving on assignment, supplemental
compensation from the county or counties paying supplemental
compensation under Chapter 31 to an associate justice of the
court of appeals to which the justice is assigned.
(e) A retired justice or judge assigned as provided by this
section is entitled to receive, pro rata for the time serving on
assignment, from money appropriated from the general revenue fund
for that purpose, an amount equal to the compensation received
from state and county sources by a justice of the court of
appeals to which assigned.
(f) For the purposes of Subsection (b)(1), a month of service is
calculated as a calendar month or a portion of a calendar month
in which a justice or judge was authorized by election or
appointment to preside.
(g) Subsection (b)(1) does not apply to a retired justice of the
supreme court.
(h) Notwithstanding any other provision of law, an active
district court judge may be assigned to hear a matter pending in
an appellate court.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987. Amended by Acts 1991, 72nd Leg., ch. 785, Sec. 1, 7,
eff. June 16, 1991; Acts 2003, 78th Leg., ch. 315, Sec. 7, 8,
eff. Sept. 1, 2003.
Sec. 74.004. SUPERVISION OF OFFICE OF COURT ADMINISTRATION. The
chief justice shall direct and supervise the office of court
administration.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987.
Sec. 74.005. APPOINTMENT OF REGIONAL PRESIDING JUDGES. (a) The
governor, with the advice and consent of the senate, shall
appoint one judge in each administrative region as presiding
judge of the region.
(b) On the death, resignation, or expiration of the term of
office of a presiding judge, the governor immediately shall
appoint or reappoint a presiding judge.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987.
Sec. 74.006. SUPREME COURT DUTIES. The chief justice shall
ensure that the supreme court executes and implements the court's
administrative duties and responsibilities under this chapter.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987.
Sec. 74.007. COMMITTEES. The chief justice, subject to the
approval of the supreme court, shall name and appoint members to
committees necessary or desirable for the efficient
administration of justice or to carry out the provisions of this
chapter.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987.
SUBCHAPTER B. SUPREME COURT
Sec. 74.021. SUPERVISORY AND ADMINISTRATIVE CONTROL. The
supreme court has supervisory and administrative control over the
judicial branch and is responsible for the orderly and efficient
administration of justice.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987.
Sec. 74.022. CHANGES IN NUMBER OF COURTS. (a) The supreme
court shall assess the need for adding, consolidating,
eliminating, or reallocating existing appellate courts.
(b) The supreme court shall promulgate rules, regulations, and
criteria to be used in assessing those needs.
(c) The supreme court shall recommend to the regular session of
the legislature convening in the third year following the year in
which the federal decennial census is taken any needed changes in
the number or allocation of those courts.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987. Amended by Acts 1995, 74th Leg., ch. 639, Sec. 1, eff.
Sept. 1, 1995.
Sec. 74.023. DIRECTOR OF OFFICE OF COURT ADMINISTRATION. (a)
The supreme court shall appoint the administrative director of
the courts for the office of court administration.
(b) The director serves at the pleasure of the supreme court and
shall be subordinate to, and act by the authority and under the
direction of, the chief justice.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987.
Sec. 74.024. RULES. (a) The supreme court may adopt rules of
administration setting policies and guidelines necessary or
desirable for the operation and management of the court system
and for the efficient administration of justice.
(b) The supreme court shall request the advice of the court of
criminal appeals before adopting rules affecting the
administration of criminal justice.
(c) The supreme court may consider the adoption of rules
relating to:
(1) nonbinding time standards for pleading, discovery, motions,
and dispositions;
(2) nonbinding dismissal of inactive cases from dockets, if the
dismissal is warranted;
(3) attorney's accountability for and incentives to avoid delay
and to meet time standards;
(4) penalties for filing frivolous motions;
(5) firm trial dates;
(6) restrictive devices on discovery;
(7) a uniform dockets policy;
(8) formalization of settlement conferences or settlement
programs;
(9) standards for selection and management of nonjudicial
personnel;
(10) transfer of related cases for consolidated or coordinated
pretrial proceedings; and
(11) the conducting of proceedings under Rule 11, Rules of
Judicial Administration, by a district court outside the county
in which the case is pending.
(d) Any rules adopted under this section remain in effect unless
and until disapproved by the legislature. The clerk of the
supreme court shall file with the secretary of state the rules or
any amendments to the rules adopted by the supreme court under
this section and shall mail a copy of the rules and any
amendments to each registered member of the State Bar not later
than the 120th day before the date on which they become
effective. The supreme court shall allow a period of 60 days for
review and comment on the rules and any amendments. The clerk of
the supreme court shall report the rules or amendments to the
rules to the next regular session of the legislature by mailing a
copy of the rules or amendments to the rules to each elected
member of the legislature on or before December 1 immediately
preceding the session.
Added by Acts 1987, 70th Leg., ch. 674, Sec. 2.01, eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 204, Sec. 3.01, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 747, Sec. 1, eff. Sept.
1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 8.001, eff. September 1, 2005.
Sec. 74.025. EDUCATION PROGRAMS. The court of criminal appeals
shall, if adequate funding is available for education programs
for judges and court personnel, ensure that adequate education
programs are available on an equitable basis for judges and court
personnel of courts created under the constitution and laws of
this state.
Added by Acts 1987, 70th Leg., ch. 674, Sec. 2.10, eff. Sept. 1,
1987. Amended by Acts 1993, 73rd Leg., ch. 896, Sec. 7, eff.
Sept. 1, 1993.
SUBCHAPTER C. ADMINISTRATIVE JUDICIAL REGIONS
Sec. 74.041. DEFINITIONS. In this chapter:
(1) "Administrative region" means an administrative judicial
region created by Section 74.042.
(2) "Presiding judge" means the presiding judge of an
administrative region.
(3) "Retiree" means a person who has retired under the Judicial
Retirement System of Texas, the Judicial Retirement System of
Texas Plan One, or the Judicial Retirement System of Texas Plan
Two.
(4) "Active judge" means a person who is a current judicial
officeholder.
(5) "Former judge" means a person who has served as an active
judge in a district, statutory probate, statutory county, or
appellate court, but who is not a retired judge.
(6) "Retired judge" means:
(A) a retiree; or
(B) a person who served as an active judge for at least 96
months in a statutory probate or statutory county court and has
retired under the Texas County and District Retirement System.
(7) "Senior judge" means a retiree who has elected to be a
judicial officer under Section 75.001.
Renumbered from Sec. 74.001 and amended by Acts 1987, 70th Leg.,
ch. 148, Sec. 2.93(a), eff. Sept. 1, 1987. Amended by Acts 1989,
71st Leg., ch. 646, Sec. 6, eff. Aug. 28, 1989; Acts 2003, 78th
Leg., ch. 315, Sec. 9, eff. Sept. 1, 2003.
Sec. 74.042. ADMINISTRATIVE REGIONS. (a) The state is divided
into nine administrative judicial regions.
(b) The First Administrative Judicial Region is composed of the
counties of Anderson, Bowie, Camp, Cass, Cherokee, Collin,
Dallas, Delta, Ellis, Fannin, Franklin, Grayson, Gregg, Harrison,
Henderson, Hopkins, Houston, Hunt, Kaufman, Lamar, Marion,
Morris, Nacogdoches, Panola, Rains, Red River, Rockwall, Rusk,
Shelby, Smith, Titus, Upshur, Van Zandt, and Wood.
(c) The Second Administrative Judicial Region is composed of the
counties of Angelina, Bastrop, Brazoria, Brazos, Burleson,
Chambers, Fort Bend, Freestone, Galveston, Grimes, Hardin,
Harris, Jasper, Jefferson, Lee, Leon, Liberty, Limestone,
Madison, Matagorda, Montgomery, Newton, Orange, Polk, Robertson,
Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker,
Waller, Washington, and Wharton.
(d) The Third Administrative Judicial Region is composed of the
counties of Austin, Bell, Blanco, Bosque, Burnet, Caldwell,
Colorado, Comal, Comanche, Coryell, Falls, Fayette, Gonzales,
Guadalupe, Hamilton, Hays, Hill, Lampasas, Lavaca, Llano,
McLennan, Milam, Navarro, San Saba, Travis, and Williamson.
(e) The Fourth Administrative Judicial Region is composed of the
counties of Aransas, Atascosa, Bee, Bexar, Calhoun, DeWitt,
Dimmit, Frio, Goliad, Jackson, Karnes, LaSalle, Live Oak,
Maverick, McMullen, Refugio, San Patricio, Victoria, Webb,
Wilson, Zapata, and Zavala.
(f) The Fifth Administrative Judicial Region is composed of the
counties of Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells,
Kenedy, Kleberg, Nueces, Starr, and Willacy.
(g) The Sixth Administrative Judicial Region is composed of the
counties of Bandera, Brewster, Crockett, Culberson, Edwards, El
Paso, Gillespie, Hudspeth, Jeff Davis, Kendall, Kerr, Kimble,
Kinney, Mason, Medina, Pecos, Presidio, Reagan, Real, Sutton,
Terrell, Upton, Uvalde, and Val Verde.
(h) The Seventh Administrative Judicial Region is composed of
the counties of Andrews, Borden, Brown, Callahan, Coke, Coleman,
Concho, Crane, Dawson, Ector, Fisher, Gaines, Garza, Glasscock,
Haskell, Howard, Irion, Jones, Kent, Loving, Lynn, Martin,
McCulloch, Menard, Midland, Mills, Mitchell, Nolan, Reeves,
Runnels, Schleicher, Scurry, Shackelford, Sterling, Stonewall,
Taylor, Throckmorton, Tom Green, Ward, and Winkler.
(i) The Eighth Administrative Judicial Region is composed of the
counties of Archer, Clay, Cooke, Denton, Eastland, Erath, Hood,
Jack, Johnson, Montague, Palo Pinto, Parker, Somervell, Stephens,
Tarrant, Wichita, Wise, and Young.
(j) The Ninth Administrative Judicial Region is composed of the
counties of Armstrong, Bailey, Baylor, Briscoe, Carson, Castro,
Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Deaf
Smith, Dickens, Donley, Floyd, Foard, Gray, Hale, Hall, Hansford,
Hardeman, Hartley, Hemphill, Hockley, Hutchinson, King, Knox,
Lamb, Lipscomb, Lubbock, Moore, Motley, Ochiltree, Oldham,
Parmer, Potter, Randall, Roberts, Sherman, Swisher, Terry,
Wheeler, Wilbarger, and Yoakum.
Renumbered from Sec. 74.002 and amended by Acts 1987, 70th Leg.,
ch. 148, Sec. 2.93(a), eff. Sept. 1, 1987. Amended by Acts 1999,
76th Leg., ch. 623, Sec. 3, eff. Sept. 1, 1999; Acts 2001, 77th
Leg., ch. 43, Sec. 1, eff. Sept. 1, 2001.
Sec. 74.043. FACILITIES; FUNDING. (a) Adequate quarters for
the operation of each administrative region and the preservation
of its records shall be provided in the courthouse of the county
in which the presiding judge resides.
(b) Except for the salaries, compensation, and expenses provided
by state appropriations, the counties composing the
administrative region shall pay, out of the general funds of the
counties, the salaries, compensation, and expenses authorized and
incurred to administer this chapter, including expenses for the
purchase of professional liability insurance policies for
regional presiding judges.
(c) Except as provided by Section 74.051, the salaries,
compensation, and expenses shall be paid through the county
budget process of each county in the region in proportion to the
population of the counties comprising the region and on
certificates of approval of the presiding judge.
Renumbered from Sec. 74.003 and amended by Acts 1987, 70th Leg.,
ch. 674, Sec. 2.02, eff. Aug. 31, 1987.
Sec. 74.044. TERM OF PRESIDING JUDGE. A presiding judge serves
for a term of office of four years from the date of qualification
as the presiding judge.
Renumbered from Sec. 74.012 and amended by Acts 1987, 70th Leg.,
ch. 148, Sec. 2.93(a), eff. Sept. 1, 1987.
Sec. 74.045. QUALIFICATIONS OF PRESIDING JUDGE. (a) A
presiding judge must be at the time of appointment:
(1) a regularly elected or retired district judge;
(2) a former judge with at least 12 years of service as a
district judge; or
(3) a retired appellate judge with judicial experience on a
district court.
(b) If the judge is retired, he must have voluntarily retired
from office, must reside within the administrative region, and
must have certified his willingness to serve.
Renumbered from Sec. 74.013 and amended by Acts 1987, 70th Leg.,
ch. 148, Sec. 2.93(a), eff. Sept. 1, 1987. Amended by Acts 1991,
72nd Leg., ch. 656, Sec. 1, eff. Aug. 26, 1991.
Sec. 74.046. DUTIES OF PRESIDING JUDGE. A presiding judge
shall:
(1) ensure the promulgation of regional rules of administration
within policies and guidelines set by the supreme court;
(2) advise local judges on case flow management and auxiliary
court services;
(3) recommend to the chief justice of the supreme court any
needs for judicial assignments from outside the region;
(4) recommend to the supreme court any changes in the
organization, jurisdiction, operation, or procedures of the
region necessary or desirable for the improvement of the
administration of justice;
(5) act for a local administrative judge when the local
administrative judge does not perform the duties required by
Subchapter D;
(6) implement and execute any rules adopted by the supreme court
under this chapter;
(7) provide the supreme court or the office of court
administration statistical information requested; and
(8) perform the duties assigned by the chief justice of the
supreme court.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987.
Sec. 74.047. AUTHORITY OF PRESIDING JUDGE. A presiding judge
may perform the acts necessary to carry out the provisions of
this chapter and to improve the management of the court system
and the administration of justice.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987.
Sec. 74.048. COUNCIL OF JUDGES. (a) Once each year, the
presiding judge shall call a regular meeting of the district and
statutory county court judges in the administrative region at a
time and place designated by the presiding judge. In addition,
the presiding judge may call a special meeting of the judges at
any time he considers necessary.
(b) The purposes of the meetings or council of judges are
consultation and counseling concerning the state of the civil and
criminal business in the courts of the administrative region and
arranging for the disposition of the business pending on the
court dockets.
(c) The council of judges shall adopt:
(1) regional rules of administration within policies and
guidelines set by the supreme court;
(2) rules to regulate and facilitate the order of trials and the
recordkeeping in the counties in the region in which judges are
sent from one region to another to aid the disposition of cases;
and
(3) other rules necessary to the practical operation of this
chapter.
(d) Repealed by Acts 1987, 70th Leg., ch. 674, Sec. 2.12, eff.
Sept. 1, 1987.
Renumbered from Sec. 74.015 and amended by Acts 1987, 70th Leg.,
ch. 148, Sec. 2.93(a), eff. Sept. 1, 1987; Acts 1987, 70th Leg.,
ch. 674, Sec. 2.12, eff. Sept. 1, 1987.
Sec. 74.049. PERFORMANCE OF DUTIES BY CHIEF JUSTICE. The chief
justice may make assignments within an administrative region and
perform the other duties of a presiding judge in the following
situations:
(1) on the death or resignation of the presiding judge and until
a successor presiding judge is appointed;
(2) on notification to the chief justice by the presiding judge
or other appropriate source that an absence, disabling illness,
or other incapacity of the presiding judge prevents the judge
from performing his official duties for a period of time and
until the presiding judge is again able to perform the duties;
and
(3) in a particular matter in which the presiding judge
disqualifies himself from performing the duties of presiding
judge in that matter.
Renumbered from Sec. 74.016 and amended by Acts 1987, 70th Leg.,
ch. 148, Sec. 2.93(a), eff. Sept. 1, 1987.
Sec. 74.050. ADMINISTRATIVE ASSISTANT. (a) The presiding judge
may employ, directly or through a contract with another
governmental entity, a full-time or part-time administrative
assistant.
(b) An administrative assistant must have the qualifications
established by rule of the supreme court.
(c) An administrative assistant shall aid the presiding judge in
carrying out the judge's duties under this chapter. The
administrative assistant shall:
(1) perform the duties that are required by the presiding judge
and by the rules of administration;
(2) conduct correspondence for the presiding judge;
(3) under the direction of the presiding judge, make an annual
report of the activities of the administrative region and special
reports as provided by the rules of administration to the supreme
court, which shall be made in the manner directed by the supreme
court; and
(4) attend to other matters that are prescribed by the council
of judges.
(d) An administrative assistant, with the approval of the
presiding judge, may purchase the necessary office equipment,
stamps, stationery, and supplies and employ additional personnel
as authorized by the presiding judge.
(e) An administrative assistant is entitled to receive the
compensation from the state provided by the General
Appropriations Act, from county funds, or from any public or
private grant.
Renumbered from Sec. 74.017 and amended by Acts 1987, 70th Leg.,
ch. 674, Sec. 2.03, eff. Sept. 1, 1987.
Sec. 74.051. COMPENSATION. (a) In addition to all other
compensation, expenses, and perquisites authorized by law,
including this chapter, a presiding judge shall receive
compensation as provided by this section for performing the
duties of a presiding judge.
(b) Except as provided by Subsection (c), a presiding judge
shall receive a salary not to exceed $33,000 a year. The Texas
Judicial Council shall set the salary biennially and, in arriving
at the amount of the salary, shall consider whether the presiding
judge is active in administrative duties, performs part time, or
is a retired judge. The salary set by the Texas Judicial Council
shall be apportioned to each county in the region according to
the population of the counties comprising the region and shall be
paid through the county budget process.
(c) A presiding judge who is a retired or former district judge
or a retired appellate judge and who presides over an
administrative region with 30 or more district courts, statutory
county courts, and retired and former judges named on the list
maintained under Section 74.055 for the administrative region is
entitled to an annual salary for each fiscal year as follows:
Number of Courts and Judges Salary
30 to 49 $35,000
50 to 69 $40,000
70 to 89 $45,000
90 or more $50,000
(d) The salary shall be apportioned to each county in the region
according to the population of the counties comprising the
region.
(e) Each county comprising the administrative region shall pay
annually to the presiding judge, out of the officers' salary fund
or the general fund of the county, the amount of the salary
apportioned to it as provided by this section and the other
expenses authorized by this chapter that are not paid by state
appropriations. The presiding judge shall place each county's
payment of salary and other expenses in an administrative fund,
from which the salary and other expenses shall be paid. The
salary shall be paid from the administrative fund in 12 equal
monthly payments.
Renumbered from Sec. 74.018 and amended by Acts 1987, 70th Leg.,
ch. 674, Sec. 2.04, eff. Sept. 1, 1987. Amended by Acts 1991,
72nd Leg., ch. 656, Sec. 2, eff. Sept. 1, 1991; Acts 1999, 76th
Leg., ch. 294, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
258, Sec. 1, eff. September 1, 2005.
Sec. 74.052. ASSIGNMENT OF JUDGES. (a) Judges may be assigned
in the manner provided by this chapter to hold court when
necessary to dispose of accumulated business in the region.
(b) Repealed by Acts 1987, 70th Leg., ch. 674, Sec. 2.13, eff.
Sept. 1, 1987.
Renumbered from Sec. 74.031 and amended by Acts 1987, 70th Leg.,
ch. 148, Sec. 2.93(a), eff. Sept. 1, 1987. Amended by Acts 1987,
70th Leg., ch. 674, Sec. 2.13, eff. Sept. 1, 1987.
Sec. 74.053. OBJECTION TO JUDGE ASSIGNED TO A TRIAL COURT. (a)
When a judge is assigned to a trial court under this chapter:
(1) the order of assignment must state whether the judge is an
active, former, retired, or senior judge; and
(2) the presiding judge shall, if it is reasonable and
practicable and if time permits, give notice of the assignment to
each attorney representing a party to the case that is to be
heard in whole or part by the assigned judge.
(b) If a party to a civil case files a timely objection to the
assignment, the judge shall not hear the case. Except as provided
by Subsection (d), each party to the case is only entitled to one
objection under this section for that case.
(c) An objection under this section must be filed not later than
the seventh day after the date the party receives actual notice
of the assignment or before the date the first hearing or trial,
including pretrial hearings, commences, whichever date occurs
earlier. The presiding judge may extend the time to file an
objection under this section on written motion by a party who
demonstrates good cause.
(d) An assigned judge or justice who was defeated in the last
primary or general election for which the judge or justice was a
candidate for the judicial office held by the judge or justice
may not sit in a case if either party objects to the judge or
justice.
(e) An active judge assigned under this chapter is not subject
to an objection.
(f) For purposes of this section, notice of an assignment may be
given and an objection to an assignment may be filed by
electronic mail.
(g) In this section, "party" includes multiple parties aligned
in a case as determined by the presiding judge.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.37(a),
eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 270, Sec. 1, eff.
Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 785, Sec. 2, eff. June
16, 1991; Acts 2003, 78th Leg., ch. 315, Sec. 10, eff. Sept. 1,
2003.
Sec. 74.054. JUDGES SUBJECT TO ASSIGNMENT. (a) Except as
provided by Subsections (b) and (c), the following judges may be
assigned as provided by this chapter by the presiding judge of
the administrative region in which the assigned judge resides:
(1) an active district, constitutional county, or statutory
county court judge in this state;
(2) a senior judge who has consented to be subject to assignment
and who is on the list maintained by the presiding judge under
this chapter;
(3) a former district or appellate judge, retired or former
statutory probate court judge, or retired or former statutory
county court judge who certifies to the presiding judge a
willingness to serve and who is on the list maintained by the
presiding judge as required by this chapter;
(4) a retiree or a former judge whose last judicial office
before retirement was justice or judge of the supreme court, the
court of criminal appeals, or a court of appeals and who has been
assigned by the chief justice to the administrative judicial
region in which the retiree or former judge resides for
reassignment by the presiding judge of that region to a district
or statutory county court in the region; and
(5) an active judge or justice of the supreme court, the court
of criminal appeals, or a court of appeals who has had trial
court experience.
(b) An active statutory county court judge may not be assigned
to hear a matter pending in a district court outside the county
of the judge's residence.
(c) A constitutional county court judge may only be assigned to
sit for another constitutional county court judge and must be a
licensed attorney in this state.
(d) A retired judge of a statutory probate court may also
qualify for assignment under Section 25.0022.
Renumbered from Sec. 74.032 and amended by Acts 1987, 70th Leg.,
ch. 674, Sec. 2.05, eff. Sept. 1, 1987. Amended by Acts 1989,
71st Leg., ch. 82, Sec. 1, eff. Aug. 28, 1989; Acts 1989, 71st
Leg., ch. 179, Sec. 2(d)(1), eff. Sept. 1, 1989; Acts 1989, 71st
Leg., ch. 646, Sec. 7, eff. Aug. 28, 1989; Acts 1989, 71st Leg.,
ch. 726, Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch.
16, Sec. 8.04, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 298,
Sec. 2, 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1305,
Sec. 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 315, Sec.
11, eff. Sept. 1, 2003.
Sec. 74.055. LIST OF RETIRED AND FORMER JUDGES SUBJECT TO
ASSIGNMENT. (a) Each presiding judge shall maintain a list of
retired and former judges who meet the requirements of this
section.
(b) The presiding judge shall divide the list into area
specialties of criminal, civil, or domestic relations cases. A
retired or former judge may only be assigned to a case in the
judge's area of specialty. A judge may qualify for assignment in
more than one area of specialty.
(c) To be eligible to be named on the list, a retired or former
judge must:
(1) have served as an active judge for at least 96 months in a
district, statutory probate, statutory county, or appellate
court;
(2) have developed substantial experience in the judge's area of
specialty;
(3) not have been removed from office;
(4) certify under oath to the presiding judge, on a form
prescribed by the state board of regional judges, that:
(A) the judge has never been publicly reprimanded or censured by
the State Commission on Judicial Conduct; and
(B) the judge:
(i) did not resign or retire from office after the State
Commission on Judicial Conduct notified the judge of the
commencement of a full investigation into an allegation or
appearance of misconduct or disability of the judge as provided
in Section 33.022 and before the final disposition of that
investigation; or
(ii) if the judge did resign from office under circumstances
described by Subparagraph (i), was not publicly reprimanded or
censured as a result of the investigation;
(5) annually demonstrate that the judge has completed in the
past state fiscal year the educational requirements for active
district, statutory probate, and statutory county court judges;
and
(6) certify to the presiding judge a willingness not to appear
and plead as an attorney in any court in this state for a period
of two years.
(d) Repealed by Acts 2003, 78th Leg., ch. 315, Sec. 15.
(e) For purposes of Subsection (c)(1), a month of service is
calculated as a calendar month or a portion of a calendar month
in which a judge was authorized by election or appointment to
preside.
(f) A former or retired judge is ineligible to be named on the
list if the former or retired judge is identified in a public
statement issued by the State Commission on Judicial Conduct as
having resigned or retired from office in lieu of discipline.
(g) A former or retired judge named on the list shall
immediately notify the presiding judge of a full investigation by
the State Commission on Judicial Conduct into an allegation or
appearance of misconduct or disability by the judge. A judge who
does not notify the presiding judge of an investigation as
required by this subsection is ineligible to remain on the list.
Added by Acts 1987, 70th Leg., ch. 674, Sec. 2.10, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.38, eff.
Aug. 28, 1989; Acts 1989, 71st Leg., ch. 82, Sec. 2, eff. Aug.
28, 1989; Acts 1989, 71st Leg., ch. 646, Sec. 8, eff. Aug. 28,
1989; Acts 1991, 72nd Leg., ch. 16, Sec. 8.05, eff. Aug. 26,
1991; Acts 1991, 72nd Leg., ch. 785, Sec. 3 to 5, eff. June 16,
1991; Acts 1995, 74th Leg., ch. 298, Sec. 4, eff. Sept. 1, 1995;
Acts 2003, 78th Leg., ch. 315, Sec. 12, 15, eff. Sept. 1, 2003.
Sec. 74.0551. CERTIFICATION OF WILLINGNESS NOT TO APPEAR AND
PLEAD AS AN ATTORNEY. (a) The two-year period provided for in
Section 74.055(c)(6) is from January 1 of one year through
December 31 of the next year.
(b) An initial certification of willingness not to appear and
plead made before the judge leaves active service extends through
December 31 of the year following the year in which the judge
leaves active service. An initial certification made after the
judge leaves active service extends through December 31 of the
year following the year in which the certification is made.
(c) The person's second and subsequent certifications begin on
the January 1 following the year in which the initial
certification ends and each second January 1 thereafter, unless a
written revocation is filed with the presiding judge not later
than the 30th day before the date the revocation takes effect. A
revocation may not take effect until the completion of the
initial certification period under Subsection (b).
(d) If a revocation is not filed, recertification for subsequent
two-year periods takes effect by operation of law.
(e) A revocation may be rescinded and a certification of
willingness not to appear and plead reinstated only on written
request to the presiding judge and with the consent of the
presiding judge.
Added by Acts 1989, 71st Leg., ch. 646, Sec. 9, eff. Aug. 28,
1989. Amended by Acts 1995, 74th Leg., ch. 10, Sec. 1, eff. April
12, 1995.
Sec. 74.056. ASSIGNMENT BY PRESIDING JUDGE. (a) A presiding
judge from time to time shall assign the judges of the
administrative region to hold special or regular terms of court
in any county of the administrative region to try cases and
dispose of accumulated business.
(b) The presiding judge of one administrative region may request
the presiding judge of another administrative region to furnish
judges to aid in the disposition of litigation pending in a
county in the administrative region of the presiding judge who
makes the request.
(c) The presiding judge of an administrative region may appoint
a judge in the region to serve as acting presiding judge in the
absence of the presiding judge. An acting presiding judge has all
the rights, duties, and powers of the presiding judge.
(d) In addition to an assignment under Sections 74.003, 75.002,
and 75.003, the chief justice of the supreme court may assign a
retiree or a former judge whose last judicial office before
retirement was justice or judge of the supreme court, the court
of criminal appeals, or a court of appeals to the administrative
judicial region in which the retiree or former judge resides for
reassignment by the presiding judge of that region to a district
or statutory county court in the region. The reassignment by a
presiding judge is subject to the requirements of Section 74.055.
The assignment of a retiree or former judge by the chief justice
to the administrative region continues only during the period for
which the retiree or former judge has certified a willingness to
serve under Section 74.0551.
Renumbered from Sec. 74.033 and amended by Acts 1987, 70th Leg.,
ch. 674, Sec. 2.06, eff. Sept. 1, 1987. Amended by Acts 1989,
71st Leg., ch. 646, Sec. 10, eff. Aug. 28, 1989.
Sec. 74.057. ASSIGNMENT BY CHIEF JUSTICE. (a) In addition to
the assignment of judges by the presiding judges as authorized by
this chapter, the chief justice may assign judges of one or more
administrative regions for service in other administrative
regions when he considers the assignment necessary to the prompt
and efficient administration of justice.
(b) A judge assigned by the chief justice shall perform the same
duties and functions authorized by this chapter that the judge
would perform if he were assigned by the presiding judge.
Renumbered from Sec. 74.034 and amended by Acts 1987, 70th Leg.,
ch. 148, Sec. 2.93(a), eff. Sept. 1, 1987.
Sec. 74.058. DUTY TO SERVE WHEN ASSIGNED. (a) Except as
provided by this chapter, a judge assigned by the presiding judge
to a court in the same administrative region, or to a court in
another administrative region at the request of the presiding
judge of the other administrative region, shall serve in the
court or administrative region to which he is assigned.
(b) The presiding judge of a judge's administrative region may
relieve the judge of an assignment on presentation of good cause
in writing by the assigned judge to the presiding judge.
(c) If the presiding judge refuses to relieve a judge from
assignment after receiving from the judge a written statement
declining the assignment for good cause, the judge may, not later
than the fifth day after refusal by the presiding judge, petition
the chief justice for relief from the assignment for good cause.
The chief justice may grant or refuse a petition for relief from
assignment at his discretion.
Renumbered from Sec. 74.035 and amended by Acts 1987, 70th Leg.,
ch. 148, Sec. 2.93(a), eff. Sept. 1, 1987.
Sec. 74.059. POWERS AND DUTIES. (a) A judge assigned under the
provisions of this chapter has all the powers of the judge of the
court to which he is assigned.
(b) A judge shall extend the regular terms of the court, or call
the special terms, that are necessary to carry out the purposes
of this chapter and to dispose of pending litigation. If a term
is extended, the other terms of the court may be opened and held
as usual, and a term of court in that district does not fail
because of the extension. By entering an order on the minutes of
the court, the judge of a district court or statutory county
court or a judge assigned by the presiding judge may convene a
special term of the court for the trial of cases, the entry of
orders, and the disposition of the business before the court.
(c) A district, statutory probate, or statutory county court
judge shall:
(1) diligently discharge the administrative responsibilities of
the office;
(2) rule on a case within 90 days after the case is taken under
advisement;
(3) request the presiding judge to assign another judge to hear
a motion relating to the recusal of the judge from a case pending
in his court; and
(4) if an election contest or a suit for the removal of a local
official is filed in his court, request the presiding judge to
assign another judge who is not a resident of the county to hold
a regular or special term of court in that county to dispose of
the suit.
Renumbered from Sec. 74.036 and amended by Acts 1987, 70th Leg.,
ch. 674, Sec. 2.07, eff. Sept. 1, 1987. Amended by Acts 1995,
74th Leg., ch. 298, Sec. 5, eff. Sept. 1, 1995.
Sec. 74.060. LIMITATION ON ASSIGNMENT. (a) An active judge may
not, without the judge's consent, be assigned out of the judge's
district or county for more than 10 calendar days in a year.
(b) An active judge or justice of the supreme court, the court
of criminal appeals, or a court of appeals may not be assigned if
the judge or justice has served 14 or more days as a visiting
judge under this chapter in the year in which the assignment is
to be made. This subsection applies only to an initial assignment
to a case and does not affect a judge's or justice's continuing
to sit in a particular case.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987. Amended by Acts 1989, 71st Leg., ch. 726, Sec. 2, eff.
Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1305, Sec. 2, eff. Sept.
1, 1997.
Sec. 74.061. COMPENSATION WHILE ASSIGNED. (a) The salary,
compensation, and expenses of a judge or justice while assigned
under this chapter shall be paid in accordance with this chapter
and other law of this state.
(b) While serving in a county outside his judicial district or
county, a judge is entitled to receive, in addition to his
necessary expenses, additional compensation from the county to
which he is assigned in an amount not to exceed the difference
between the compensation of the assigned judge from all sources,
exclusive of the per diem provided by Subsection (f), and the
compensation received from all sources by the judge of the court
to which he is assigned. The county shall pay the compensation
provided by this subsection on approval of the presiding judge of
the administrative region in which the court to which the judge
is assigned is located.
(c) The salary of a retired judge or justice while assigned
under this chapter shall be paid out of money appropriated from
the general revenue fund for that purpose in an amount equal to
the compensation received from state and county sources of the
judge of the court to which he is assigned. The salary of a
retired judge or justice while assigned shall be determined pro
rata for the period of time that the judge or justice actually
sits as the assigned judge. The salary of a retired statutory
county court judge assigned under this chapter to serve in a
district court shall be paid by the state in the same manner as
the salary of a retired district judge assigned under this
chapter to serve in a district court is paid by the state.
(d) For services actually performed while assigned under this
chapter, a retired or former judge or justice shall receive from
county funds and money appropriated by the legislature the same
amount of salary, compensation, and expenses that the regular
judge is entitled to receive from the county and from the state
for those services. The presiding judge of the administrative
region shall certify to the county and the state the services
rendered under this chapter by a retired or former judge or
justice and the share to be paid by the state. The amount
certified by the presiding judge as the state's share shall be
paid from an item in the Judicial Section--Comptroller's
Department of the General Appropriations Act for the payment of
salaries of district and criminal district judges.
(e) When a district, statutory probate, constitutional county,
or statutory county court judge is assigned under this chapter to
a court outside his own district or county, the judge, in
addition to all other compensation authorized by law, is entitled
to receive his actual expenses in going to and returning from his
assignment and his actual living expenses while in the
performance of his duties under the assignment. The county in
which the duties are performed shall pay the expenses out of the
general fund of the county on accounts certified and approved by
the presiding judge of the administrative region for that county.
(f) When a district, statutory probate, constitutional county,
or statutory county court judge is assigned under this chapter to
a court outside his own district or county, the judge, in
addition to all other compensation and expenses authorized by
law, is entitled to receive a per diem of $25 for each day or
fraction of a day that the judge spends outside his district or
county in the performance of his duties under the assignment. The
state shall pay the per diem in the same manner that it pays the
judge's salary on certificates of approval by the chief justice
or the presiding judge of the administrative region in which the
judge resides.
(g) An active judge or justice of the supreme court, the court
of criminal appeals, or a court of appeals assigned under this
subchapter is not entitled to receive any additional compensation
for serving as a visiting judge. A court of appeals justice
assigned to a court outside his own court of appeals district, a
justice of the supreme court, or a judge of the court of criminal
appeals is entitled to receive actual expenses in going to and
returning from assignment and actual living expenses while in the
performance of duties under the assignment. The county in which
the duties are performed shall pay the expenses out of the
county's general fund on accounts certified and approved by the
presiding judge of the administrative region for that county.
(h) Notwithstanding Subsection (c), the salary from the state of
a retired judge or justice assigned to a district court is
determined pro rata on the sum of the regular judge's salary from
the county plus the greater of:
(1) the regular judge's salary from the state on August 31,
2007; or
(2) 100 percent of the regular judge's salary from the state, as
established by the General Appropriations Act for any fiscal
year.
(i) Notwithstanding Subsection (d), the salary from the state of
a former judge or justice assigned to a district court is
determined pro rata on the greater of:
(1) the regular judge's salary from the state on August 31,
2007; or
(2) 100 percent of the regular judge's salary from the state, as
established by the General Appropriations Act for any fiscal
year.
(j) A judge or justice who sits as an assigned judge for half a
day or less shall be compensated in an amount that is equal to
one-half of the amount to which a judge or justice is entitled
for sitting as an assigned judge for a full day under this
section.
(k) Notwithstanding any other provision of law, a former,
retired, or active judge is not entitled to compensation paid by
the state when the judge sits as an assigned judge for a
statutory county court.
Renumbered from Sec. 74.037 and amended by Acts 1987, 70th Leg.,
ch. 674, Sec. 2.08, eff. Sept. 1, 1987. Amended by Acts 1989,
71st Leg., ch. 82, Sec. 3, eff. Aug. 28, 1989; Acts 1989, 71st
Leg., ch. 646, Sec. 11, eff. Aug. 28, 1989; Acts 1989, 71st Leg.,
ch. 726, Sec. 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch.
785, Sec. 6, eff. June 16, 1991; Acts 1995, 74th Leg., ch. 298,
Sec. 6, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1166, Sec.
4, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1305, Sec. 3,
eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 299, Sec. 1, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1184, Sec. 1, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 315, Sec. 13, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1364, Sec. 1, eff. September 1, 2007.
Sec. 74.062. EXPENSES AT MEETINGS. A judge who is required to
attend an annual or special meeting prescribed by this chapter,
or an educational course required by law, in addition to all
other compensation allowed by law, is entitled to receive his
actual travel expenses going to and returning from the place of
the meeting or course and his actual expenses while attending the
meeting or course.
Renumbered from Sec. 74.038 and amended by Acts 1987, 70th Leg.,
ch. 674, Sec. 2.09, eff. Sept. 1, 1987.
SUBCHAPTER D. ADMINISTRATION BY COUNTY
Sec. 74.091. LOCAL ADMINISTRATIVE DISTRICT JUDGE. (a) There is
a local administrative district judge in each county.
(b) In a county with two or more district courts the judges of
those courts shall elect a district judge as local administrative
district judge for a term of not more than two years. The local
administrative district judge may not be elected on the basis of
rotation or seniority.
(c) In a county with only one district judge, the district judge
serves as the local administrative district judge.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987. Amended by Acts 1989, 71st Leg., ch. 646, Sec. 12, eff.
Aug. 28, 1989.
Sec. 74.0911. LOCAL ADMINISTRATIVE STATUTORY COUNTY COURT JUDGE.
(a) There is a local administrative statutory county court
judge in each county that has a statutory county court.
(b) In a county with two or more statutory county courts, the
judges of those courts shall elect a statutory county court judge
as local administrative statutory county court judge for a term
of not more than two years. A local administrative statutory
county court judge may not be elected on the basis of rotation or
seniority.
(c) In a county with only one statutory county court, the
statutory county court judge serves as the local administrative
statutory county court judge.
Added by Acts 1989, 71st Leg., ch. 646, Sec. 13, eff. Aug. 28,
1989.
Sec. 74.092. DUTIES OF LOCAL ADMINISTRATIVE JUDGE. (a) A local
administrative judge, for the courts for which the judge serves
as local administrative judge, shall:
(1) implement and execute the local rules of administration,
including the assignment, docketing, transfer, and hearing of
cases;
(2) appoint any special or standing committees necessary or
desirable for court management and administration;
(3) promulgate local rules of administration if the other judges
do not act by a majority vote;
(4) recommend to the regional presiding judge any needs for
assignment from outside the county to dispose of court caseloads;
(5) supervise the expeditious movement of court caseloads,
subject to local, regional, and state rules of administration;
(6) provide the supreme court and the office of court
administration requested statistical and management information;
(7) set the hours and places for holding court in the county;
(8) supervise the employment and performance of nonjudicial
personnel;
(9) supervise the budget and fiscal matters of the local courts,
subject to local rules of administration;
(10) coordinate and cooperate with any other local
administrative judge in the district in the assignment of cases
in the courts' concurrent jurisdiction for the efficient
operation of the court system and the effective administration of
justice;
(11) establish and maintain a list of all attorneys qualified to
serve as an attorney ad litem; and
(12) perform other duties as may be directed by the chief
justice or a regional presiding judge.
(b) A list of attorneys ad litem maintained under Subsection
(a)(11) must contain the names of all attorneys who:
(1) meet any statutory or other requirements to serve as an
attorney ad litem; and
(2) have registered to serve as attorney ad litem with a court
for which the judge maintaining the list serves as local
administrative judge.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987. Amended by Acts 1989, 71st Leg., ch. 646, Sec. 14, eff.
Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 746, Sec. 68, eff. Oct.
1, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1224, Sec. 1, eff. September 1, 2009.
Sec. 74.093. RULES OF ADMINISTRATION. (a) The district and
statutory county court judges in each county shall, by majority
vote, adopt local rules of administration.
(b) The rules must provide for:
(1) assignment, docketing, transfer, and hearing of all cases,
subject to jurisdictional limitations of the district courts and
statutory county courts;
(2) designation of court divisions or branches responsible for
certain matters;
(3) holding court at least once a week in the county unless in
the opinion of the local administrative judge sessions at other
intervals will result in more efficient court administration;
(4) fair and equitable division of caseloads; and
(5) plans for judicial vacation, sick leave, attendance at
educational programs, and similar matters.
(c) The rules may provide for:
(1) the selection and authority of a presiding judge of the
courts giving preference to a specified class of cases, such as
civil, criminal, juvenile, or family law cases;
(2) a coordinated response for the transaction of essential
judicial functions in the event of a disaster; and
(3) any other matter necessary to carry out this chapter or to
improve the administration and management of the court system and
its auxiliary services.
(d) Rules relating to the transfer of cases or proceedings shall
not allow the transfer of cases from one court to another unless
the cases are within the jurisdiction of the court to which it is
transferred. When a case is transferred from one court to another
as provided under this section, all processes, writs, bonds,
recognizances, or other obligations issued from the transferring
court are returnable to the court to which the case is
transferred as if originally issued by that court.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987. Amended by Acts 1989, 71st Leg., ch. 646, Sec. 15, eff.
Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1280, Sec. 5.02, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1281, Sec. 2, eff. June 19, 2009.
Sec. 74.094. HEARING CASES. (a) A district or statutory county
court judge may hear and determine a matter pending in any
district or statutory county court in the county regardless of
whether the matter is preliminary or final or whether there is a
judgment in the matter. The judge may sign a judgment or order in
any of the courts regardless of whether the case is transferred.
The judgment, order, or action is valid and binding as if the
case were pending in the court of the judge who acts in the
matter. The authority of this subsection applies to an active,
former, or retired judge assigned to a court having jurisdiction
as provided by Subchapter C.
(b) The judges shall try any case and hear any proceeding as
assigned by the local administrative judge.
(c) The clerk shall file, docket, transfer, and assign the cases
as directed by the local administrative judge in accordance with
the local rules.
(d) Judges of district courts and statutory county courts may
serve as masters and magistrates of courts, other than their own,
subject to other provisions of law and court rules.
(e) A judge who has jurisdiction over a suit pending in one
county may, unless objected to by any party, conduct any of the
judicial proceedings except the trial on the merits in a
different county.
(f) A pretrial judge assigned to hear pretrial matters in
related cases under Rule 11, Texas Rules of Judicial
Administration, may hold pretrial proceedings and hearings on
pretrial matters for a case to which the judge has been assigned
in:
(1) the county in which the case is pending; or
(2) a county in which there is pending a related case to which
the pretrial judge has been assigned.
Added by Acts 1987, 70th Leg., ch. 674, Sec. 2.10, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.40(a), eff.
Aug. 28, 1989; Acts 1989, 71st Leg., ch. 179, Sec. 2(d)(2), eff.
Sept. 1, 1989; Acts 1999, 76th Leg., ch. 1551, Sec. 1, eff. Sept.
1, 1999.
Sec. 74.096. TERMS OF COURT. The terms of all courts covered by
this subchapter begin on the first Monday in January and the
first Monday in July of each year, except as may otherwise be
provided by law. Each term of court continues until the next
succeeding term begins.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987.
Sec. 74.097. LOCAL ADMINISTRATIVE DISTRICT JUDGE FOR BLANCO,
BURNET, LLANO, AND SAN SABA COUNTIES. Notwithstanding Section
74.091(b), the local administrative district judge for Blanco,
Burnet, Llano, and San Saba Counties is selected on the basis of
seniority from the district judges of the 33rd Judicial District
and the 424th Judicial District.
Added by Acts 2005, 79th Leg., Ch.
1352, Sec. 16, eff. September 1, 2005.
Sec. 74.098. APPOINTMENT OF ATTORNEYS AD LITEM; MAINTENANCE OF
LIST. (a) Except as provided by Subsection (b), in each case in
which the appointment of an attorney ad litem is necessary, a
court shall appoint the attorney whose name appears first on the
list of attorneys ad litem maintained by the local administrative
judge for that court as required by Section 74.092.
(b) The court may appoint an attorney included on the list whose
name does not appear first on the list or an attorney not
included on the list if the appointment of that attorney as
attorney ad litem is:
(1) required on a complex matter because the attorney possesses
relevant specialized education, training, certification, or
skill;
(2) made pursuant to the Family Code, Health and Safety Code,
Human Resources Code, Texas Trust Code (Subtitle B, Title 9,
Property Code), or Texas Probate Code; or
(3) agreed on by the parties and approved by the court.
(c) After an attorney has been appointed as an attorney ad litem
from the list, the local administrative judge shall place that
attorney's name at the end of the list.
Added by Acts 2009, 81st Leg., R.S., Ch.
1224, Sec. 2, eff. September 1, 2009.
SUBCHAPTER E. COURT COORDINATORS
Sec. 74.101. COURT COORDINATORS. (a) The local administrative
judge and each district or statutory county court judge may
establish a court coordinator system and appoint a court
coordinator for his court to improve justice and expedite the
processing of cases through the courts.
(b) Each court coordinator serves at the pleasure of the judge
who appointed him.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987.
Sec. 74.102. DUTIES. (a) The courts by local administrative
rule shall designate the duties of the court coordinators.
(b) To promote uniform and efficient administration of justice
in this state, the court coordinators shall cooperate with
regional presiding and local administrative judges and state
agencies having duties in the area of the operation of the
courts.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987.
Sec. 74.103. STAFF. The courts may appoint appropriate staff
and support personnel according to the needs in each county.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987.
Sec. 74.104. COMPENSATION. (a) The judges shall determine
reasonable compensation for the court coordinators, subject to
approval of the commissioners court.
(b) Upon approval by the commissioners court of the position and
compensation, the commissioners court of the county shall provide
the necessary funding through the county's budget process. County
funds may be supplemented in whole or part through public or
private grants.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987.
Sec. 74.105. OTHER LAW. This subchapter does not affect other
provisions of law relating to the pay and duties of court
administrators, court managers, and court coordinators.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.93(a), eff. Sept.
1, 1987.
Sec. 74.106. CONTINUING EDUCATION. (a) Except as provided by
Subsection (b), a court coordinator of a district court or
statutory county court shall annually complete 16 hours of
continuing education as provided by rules adopted by the court of
criminal appeals under Chapter 56.
(b) The court o