CHAPTER 74. COURT ADMINISTRATION ACT

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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.

(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.

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.

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.

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.

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.

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.

(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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

(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.

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.

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

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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