State Codes and Statutes

Statutes > Texas > Government-code > Title-2-judicial-branch > Chapter-23-general-provisions-for-trial-courts

GOVERNMENT CODE

TITLE 2. JUDICIAL BRANCH

SUBTITLE A. COURTS

CHAPTER 23. GENERAL PROVISIONS FOR TRIAL COURTS

SUBCHAPTER A. JURISDICTION

Sec. 23.001. JUVENILE JURISDICTION. Each district court, county

court, and statutory county court exercising any of the

constitutional jurisdiction of either a county court or a

district court has jurisdiction over juvenile matters and may be

designated a juvenile court.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1993, 73rd Leg., ch. 168, Sec. 5, eff. Aug. 30,

1993.

SUBCHAPTER B. PRIORITY IN SETTING HEARINGS AND TRIALS

Sec. 23.101. PRIMARY PRIORITIES. (a) The trial courts of this

state shall regularly and frequently set hearings and trials of

pending matters, giving preference to hearings and trials of the

following:

(1) temporary injunctions;

(2) criminal actions, with the following actions given

preference over other criminal actions:

(A) criminal actions against defendants who are detained in jail

pending trial;

(B) criminal actions involving a charge that a person committed

an act of family violence, as defined by Section 71.004, Family

Code;

(C) an offense under:

(i) Section 21.02 or 21.11, Penal Code;

(ii) Chapter 22, Penal Code, if the victim of the alleged

offense is younger than 17 years of age;

(iii) Section 25.02, Penal Code, if the victim of the alleged

offense is younger than 17 years of age;

(iv) Section 25.06, Penal Code; or

(v) Section 43.25, Penal Code; and

(D) an offense described by Article 62.001(6)(C) or (D), Code of

Criminal Procedure;

(3) election contests and suits under the Election Code;

(4) orders for the protection of the family under Subtitle B,

Title 4, Family Code;

(5) appeals of final rulings and decisions of the division of

workers' compensation of the Texas Department of Insurance

regarding workers' compensation claims and claims under the

Federal Employers' Liability Act and the Jones Act;

(6) appeals of final orders of the commissioner of the General

Land Office under Section 51.3021, Natural Resources Code;

(7) actions in which the claimant has been diagnosed with

malignant mesothelioma, other malignant asbestos-related cancer,

malignant silica-related cancer, or acute silicosis; and

(8) appeals brought under Section 42.01 or 42.015, Tax Code, of

orders of appraisal review boards of appraisal districts

established for counties with a population of less than 175,000.

(b) Insofar as practicable, the trial courts shall observe the

preference provided by Subsection (a) in ruling on, hearing, and

trying the matters pending before the courts.

(c) A district judge who presides over multidistrict litigation

involving claims for asbestos-related or silica-related injuries

shall confer with a trial court regarding trial settings or other

matters regarding remand. The trial court shall cooperate with

the multidistrict litigation court and shall not continue or

postpone a trial setting without the concurrence of the

multidistrict litigation court.

(d) A district court judge who presides over multidistrict

litigation involving claims for asbestos-related or

silica-related injuries is a party in interest for the limited

purpose of requesting mandamus enforcement of the priority in

setting hearings and trials under Subsection (a)(7).

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 1037, Sec. 1, eff. Aug. 31,

1987; Acts 1989, 71st Leg., ch. 614, Sec. 22, eff. Sept. 1, 1989;

Acts 1989, 71st Leg., ch. 739, Sec. 32, eff. Sept. 1, 1989; Acts

1989, 71st Leg., ch. 755, Sec. 3, eff. Sept. 1, 1989; Acts 1989,

71st Leg., 2nd C.S., ch. 1, Sec. 15.01, eff. Jan. 1, 1991; Acts

1991, 72nd Leg., ch. 465, Sec. 4, eff. June 11, 1991; Acts 1995,

74th Leg., ch. 67, Sec. 3, eff. Sept. 1, 1995; Acts 1997, 75th

Leg., ch. 1279, Sec. 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg.,

ch. 1276, Sec. 9.001(a), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

97, Sec. 7, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

265, Sec. 6.001, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

61, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

393, Sec. 1, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 2.01, eff. September 1, 2007.

Sec. 23.102. SECONDARY PRIORITIES. A matter not included in

Section 23.101 shall be set at the discretion of the trial court

in which the matter is pending, observing the following

priorities:

(1) precedence should be given to matters where delay will cause

physical or economic injury to either the parties or the public;

(2) matters involving substantial substantive or constitutional

rights should take precedence over matters involving permits,

licenses, or privileges;

(3) precedence should be given matters involving important

issues that greatly concern the public or materially affect the

public welfare; and

(4) precedence should be given matters involving complete

restoration of a ward's capacity or modification of a ward's

guardianship.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1999, 76th Leg., ch. 829, Sec. 1, eff. Sept. 1,

1999.

Sec. 23.103. EFFECT ON OTHER LAWS. Sections 23.101 and 23.102

do not affect a statute directing a specific court to give

preference to cases involving that court's criminal jurisdiction,

family law jurisdiction, or other specified jurisdiction.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

SUBCHAPTER C. UNIFORM JURY HANDBOOK

Sec. 23.201. DEFINITION. In this subchapter, "state bar" means

the State Bar of Texas.

Added by Acts 1993, 73rd Leg., ch. 833, Sec. 1, eff. Jan. 1,

1994.

Sec. 23.202. UNIFORM JURY HANDBOOK; CONTENTS. (a) The state

bar shall publish a uniform jury handbook that:

(1) informs jurors in lay terminology of the duties and

responsibilities of a juror;

(2) explains basic trial procedures and legal terminology; and

(3) provides other practical information relating to jury

service.

(b) The state bar shall review and update the uniform jury

handbook annually. A Spanish language version of the handbook

shall be published and made available.

Added by Acts 1993, 73rd Leg., ch. 833, Sec. 1, eff. Jan. 1,

1994.

Sec. 23.203. DISTRIBUTION OF HANDBOOK. (a) The state bar shall

distribute copies of the uniform jury handbook to each trial

court of this state in sufficient numbers to meet the

requirements of this subchapter.

(b) The clerk of a trial court shall provide each juror in a

civil or criminal case with a copy of the uniform jury handbook.

The juror shall read the handbook before the juror begins jury

service.

(c) The handbook is a public document. The state bar or a trial

court may distribute the handbook to promote the public's

understanding of jury service.

Added by Acts 1993, 73rd Leg., ch. 833, Sec. 1, eff. Jan. 1,

1994.

Sec. 23.204. CONFLICT WITH INSTRUCTION OR CHARGE. If a

provision of the uniform jury handbook is in conflict with an

instruction or charge of a trial judge in a case, the instruction

or charge supersedes the provision of the handbook.

Added by Acts 1993, 73rd Leg., ch. 833, Sec. 1, eff. Jan. 1,

1994.

State Codes and Statutes

Statutes > Texas > Government-code > Title-2-judicial-branch > Chapter-23-general-provisions-for-trial-courts

GOVERNMENT CODE

TITLE 2. JUDICIAL BRANCH

SUBTITLE A. COURTS

CHAPTER 23. GENERAL PROVISIONS FOR TRIAL COURTS

SUBCHAPTER A. JURISDICTION

Sec. 23.001. JUVENILE JURISDICTION. Each district court, county

court, and statutory county court exercising any of the

constitutional jurisdiction of either a county court or a

district court has jurisdiction over juvenile matters and may be

designated a juvenile court.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1993, 73rd Leg., ch. 168, Sec. 5, eff. Aug. 30,

1993.

SUBCHAPTER B. PRIORITY IN SETTING HEARINGS AND TRIALS

Sec. 23.101. PRIMARY PRIORITIES. (a) The trial courts of this

state shall regularly and frequently set hearings and trials of

pending matters, giving preference to hearings and trials of the

following:

(1) temporary injunctions;

(2) criminal actions, with the following actions given

preference over other criminal actions:

(A) criminal actions against defendants who are detained in jail

pending trial;

(B) criminal actions involving a charge that a person committed

an act of family violence, as defined by Section 71.004, Family

Code;

(C) an offense under:

(i) Section 21.02 or 21.11, Penal Code;

(ii) Chapter 22, Penal Code, if the victim of the alleged

offense is younger than 17 years of age;

(iii) Section 25.02, Penal Code, if the victim of the alleged

offense is younger than 17 years of age;

(iv) Section 25.06, Penal Code; or

(v) Section 43.25, Penal Code; and

(D) an offense described by Article 62.001(6)(C) or (D), Code of

Criminal Procedure;

(3) election contests and suits under the Election Code;

(4) orders for the protection of the family under Subtitle B,

Title 4, Family Code;

(5) appeals of final rulings and decisions of the division of

workers' compensation of the Texas Department of Insurance

regarding workers' compensation claims and claims under the

Federal Employers' Liability Act and the Jones Act;

(6) appeals of final orders of the commissioner of the General

Land Office under Section 51.3021, Natural Resources Code;

(7) actions in which the claimant has been diagnosed with

malignant mesothelioma, other malignant asbestos-related cancer,

malignant silica-related cancer, or acute silicosis; and

(8) appeals brought under Section 42.01 or 42.015, Tax Code, of

orders of appraisal review boards of appraisal districts

established for counties with a population of less than 175,000.

(b) Insofar as practicable, the trial courts shall observe the

preference provided by Subsection (a) in ruling on, hearing, and

trying the matters pending before the courts.

(c) A district judge who presides over multidistrict litigation

involving claims for asbestos-related or silica-related injuries

shall confer with a trial court regarding trial settings or other

matters regarding remand. The trial court shall cooperate with

the multidistrict litigation court and shall not continue or

postpone a trial setting without the concurrence of the

multidistrict litigation court.

(d) A district court judge who presides over multidistrict

litigation involving claims for asbestos-related or

silica-related injuries is a party in interest for the limited

purpose of requesting mandamus enforcement of the priority in

setting hearings and trials under Subsection (a)(7).

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 1037, Sec. 1, eff. Aug. 31,

1987; Acts 1989, 71st Leg., ch. 614, Sec. 22, eff. Sept. 1, 1989;

Acts 1989, 71st Leg., ch. 739, Sec. 32, eff. Sept. 1, 1989; Acts

1989, 71st Leg., ch. 755, Sec. 3, eff. Sept. 1, 1989; Acts 1989,

71st Leg., 2nd C.S., ch. 1, Sec. 15.01, eff. Jan. 1, 1991; Acts

1991, 72nd Leg., ch. 465, Sec. 4, eff. June 11, 1991; Acts 1995,

74th Leg., ch. 67, Sec. 3, eff. Sept. 1, 1995; Acts 1997, 75th

Leg., ch. 1279, Sec. 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg.,

ch. 1276, Sec. 9.001(a), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

97, Sec. 7, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

265, Sec. 6.001, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

61, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

393, Sec. 1, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 2.01, eff. September 1, 2007.

Sec. 23.102. SECONDARY PRIORITIES. A matter not included in

Section 23.101 shall be set at the discretion of the trial court

in which the matter is pending, observing the following

priorities:

(1) precedence should be given to matters where delay will cause

physical or economic injury to either the parties or the public;

(2) matters involving substantial substantive or constitutional

rights should take precedence over matters involving permits,

licenses, or privileges;

(3) precedence should be given matters involving important

issues that greatly concern the public or materially affect the

public welfare; and

(4) precedence should be given matters involving complete

restoration of a ward's capacity or modification of a ward's

guardianship.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1999, 76th Leg., ch. 829, Sec. 1, eff. Sept. 1,

1999.

Sec. 23.103. EFFECT ON OTHER LAWS. Sections 23.101 and 23.102

do not affect a statute directing a specific court to give

preference to cases involving that court's criminal jurisdiction,

family law jurisdiction, or other specified jurisdiction.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

SUBCHAPTER C. UNIFORM JURY HANDBOOK

Sec. 23.201. DEFINITION. In this subchapter, "state bar" means

the State Bar of Texas.

Added by Acts 1993, 73rd Leg., ch. 833, Sec. 1, eff. Jan. 1,

1994.

Sec. 23.202. UNIFORM JURY HANDBOOK; CONTENTS. (a) The state

bar shall publish a uniform jury handbook that:

(1) informs jurors in lay terminology of the duties and

responsibilities of a juror;

(2) explains basic trial procedures and legal terminology; and

(3) provides other practical information relating to jury

service.

(b) The state bar shall review and update the uniform jury

handbook annually. A Spanish language version of the handbook

shall be published and made available.

Added by Acts 1993, 73rd Leg., ch. 833, Sec. 1, eff. Jan. 1,

1994.

Sec. 23.203. DISTRIBUTION OF HANDBOOK. (a) The state bar shall

distribute copies of the uniform jury handbook to each trial

court of this state in sufficient numbers to meet the

requirements of this subchapter.

(b) The clerk of a trial court shall provide each juror in a

civil or criminal case with a copy of the uniform jury handbook.

The juror shall read the handbook before the juror begins jury

service.

(c) The handbook is a public document. The state bar or a trial

court may distribute the handbook to promote the public's

understanding of jury service.

Added by Acts 1993, 73rd Leg., ch. 833, Sec. 1, eff. Jan. 1,

1994.

Sec. 23.204. CONFLICT WITH INSTRUCTION OR CHARGE. If a

provision of the uniform jury handbook is in conflict with an

instruction or charge of a trial judge in a case, the instruction

or charge supersedes the provision of the handbook.

Added by Acts 1993, 73rd Leg., ch. 833, Sec. 1, eff. Jan. 1,

1994.


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State Codes and Statutes

Statutes > Texas > Government-code > Title-2-judicial-branch > Chapter-23-general-provisions-for-trial-courts

GOVERNMENT CODE

TITLE 2. JUDICIAL BRANCH

SUBTITLE A. COURTS

CHAPTER 23. GENERAL PROVISIONS FOR TRIAL COURTS

SUBCHAPTER A. JURISDICTION

Sec. 23.001. JUVENILE JURISDICTION. Each district court, county

court, and statutory county court exercising any of the

constitutional jurisdiction of either a county court or a

district court has jurisdiction over juvenile matters and may be

designated a juvenile court.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1993, 73rd Leg., ch. 168, Sec. 5, eff. Aug. 30,

1993.

SUBCHAPTER B. PRIORITY IN SETTING HEARINGS AND TRIALS

Sec. 23.101. PRIMARY PRIORITIES. (a) The trial courts of this

state shall regularly and frequently set hearings and trials of

pending matters, giving preference to hearings and trials of the

following:

(1) temporary injunctions;

(2) criminal actions, with the following actions given

preference over other criminal actions:

(A) criminal actions against defendants who are detained in jail

pending trial;

(B) criminal actions involving a charge that a person committed

an act of family violence, as defined by Section 71.004, Family

Code;

(C) an offense under:

(i) Section 21.02 or 21.11, Penal Code;

(ii) Chapter 22, Penal Code, if the victim of the alleged

offense is younger than 17 years of age;

(iii) Section 25.02, Penal Code, if the victim of the alleged

offense is younger than 17 years of age;

(iv) Section 25.06, Penal Code; or

(v) Section 43.25, Penal Code; and

(D) an offense described by Article 62.001(6)(C) or (D), Code of

Criminal Procedure;

(3) election contests and suits under the Election Code;

(4) orders for the protection of the family under Subtitle B,

Title 4, Family Code;

(5) appeals of final rulings and decisions of the division of

workers' compensation of the Texas Department of Insurance

regarding workers' compensation claims and claims under the

Federal Employers' Liability Act and the Jones Act;

(6) appeals of final orders of the commissioner of the General

Land Office under Section 51.3021, Natural Resources Code;

(7) actions in which the claimant has been diagnosed with

malignant mesothelioma, other malignant asbestos-related cancer,

malignant silica-related cancer, or acute silicosis; and

(8) appeals brought under Section 42.01 or 42.015, Tax Code, of

orders of appraisal review boards of appraisal districts

established for counties with a population of less than 175,000.

(b) Insofar as practicable, the trial courts shall observe the

preference provided by Subsection (a) in ruling on, hearing, and

trying the matters pending before the courts.

(c) A district judge who presides over multidistrict litigation

involving claims for asbestos-related or silica-related injuries

shall confer with a trial court regarding trial settings or other

matters regarding remand. The trial court shall cooperate with

the multidistrict litigation court and shall not continue or

postpone a trial setting without the concurrence of the

multidistrict litigation court.

(d) A district court judge who presides over multidistrict

litigation involving claims for asbestos-related or

silica-related injuries is a party in interest for the limited

purpose of requesting mandamus enforcement of the priority in

setting hearings and trials under Subsection (a)(7).

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 1037, Sec. 1, eff. Aug. 31,

1987; Acts 1989, 71st Leg., ch. 614, Sec. 22, eff. Sept. 1, 1989;

Acts 1989, 71st Leg., ch. 739, Sec. 32, eff. Sept. 1, 1989; Acts

1989, 71st Leg., ch. 755, Sec. 3, eff. Sept. 1, 1989; Acts 1989,

71st Leg., 2nd C.S., ch. 1, Sec. 15.01, eff. Jan. 1, 1991; Acts

1991, 72nd Leg., ch. 465, Sec. 4, eff. June 11, 1991; Acts 1995,

74th Leg., ch. 67, Sec. 3, eff. Sept. 1, 1995; Acts 1997, 75th

Leg., ch. 1279, Sec. 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg.,

ch. 1276, Sec. 9.001(a), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

97, Sec. 7, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

265, Sec. 6.001, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

61, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

393, Sec. 1, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 2.01, eff. September 1, 2007.

Sec. 23.102. SECONDARY PRIORITIES. A matter not included in

Section 23.101 shall be set at the discretion of the trial court

in which the matter is pending, observing the following

priorities:

(1) precedence should be given to matters where delay will cause

physical or economic injury to either the parties or the public;

(2) matters involving substantial substantive or constitutional

rights should take precedence over matters involving permits,

licenses, or privileges;

(3) precedence should be given matters involving important

issues that greatly concern the public or materially affect the

public welfare; and

(4) precedence should be given matters involving complete

restoration of a ward's capacity or modification of a ward's

guardianship.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1999, 76th Leg., ch. 829, Sec. 1, eff. Sept. 1,

1999.

Sec. 23.103. EFFECT ON OTHER LAWS. Sections 23.101 and 23.102

do not affect a statute directing a specific court to give

preference to cases involving that court's criminal jurisdiction,

family law jurisdiction, or other specified jurisdiction.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

SUBCHAPTER C. UNIFORM JURY HANDBOOK

Sec. 23.201. DEFINITION. In this subchapter, "state bar" means

the State Bar of Texas.

Added by Acts 1993, 73rd Leg., ch. 833, Sec. 1, eff. Jan. 1,

1994.

Sec. 23.202. UNIFORM JURY HANDBOOK; CONTENTS. (a) The state

bar shall publish a uniform jury handbook that:

(1) informs jurors in lay terminology of the duties and

responsibilities of a juror;

(2) explains basic trial procedures and legal terminology; and

(3) provides other practical information relating to jury

service.

(b) The state bar shall review and update the uniform jury

handbook annually. A Spanish language version of the handbook

shall be published and made available.

Added by Acts 1993, 73rd Leg., ch. 833, Sec. 1, eff. Jan. 1,

1994.

Sec. 23.203. DISTRIBUTION OF HANDBOOK. (a) The state bar shall

distribute copies of the uniform jury handbook to each trial

court of this state in sufficient numbers to meet the

requirements of this subchapter.

(b) The clerk of a trial court shall provide each juror in a

civil or criminal case with a copy of the uniform jury handbook.

The juror shall read the handbook before the juror begins jury

service.

(c) The handbook is a public document. The state bar or a trial

court may distribute the handbook to promote the public's

understanding of jury service.

Added by Acts 1993, 73rd Leg., ch. 833, Sec. 1, eff. Jan. 1,

1994.

Sec. 23.204. CONFLICT WITH INSTRUCTION OR CHARGE. If a

provision of the uniform jury handbook is in conflict with an

instruction or charge of a trial judge in a case, the instruction

or charge supersedes the provision of the handbook.

Added by Acts 1993, 73rd Leg., ch. 833, Sec. 1, eff. Jan. 1,

1994.


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