CHAPTER 27. JUSTICE COURTS

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Texas > Government-code > Title-2-judicial-branch > 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.

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.

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.

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.

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.

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.

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.

(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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!