GOVERNMENT CODE
CHAPTER 27. JUSTICE COURTS
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 27.004. RECORDS. (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 inspection of any
interested party at reasonable times.
(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 motion he 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 motion must be
supported by affidavit. The person against whom the motion is made
must be given three days' notice of the motion.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 802, § 1, eff. Sept. 1, 1989; Acts
2001, 77th Leg., ch. 147, § 1, eff. Sept. 1, 2001.
§ 27.006. COLLECTING DEBT FOR ANOTHER; OFFENSE. (a) A
justice commits an offense if the justice:
(1) accepts for collection or undertakes the
collection of a claim for a debt for another, unless the justice
acts under a law that prescribes the duties of the justice; or
(2) accepts compensation not prescribed by law for
accepting for collection or undertaking the collection of a claim
for debt for another.
(b) An offense under Subsection (a) is a misdemeanor
punishable by a fine of not less than $200 or more than $500.
(c) In addition to the fine, the justice may be removed from
office.
(d) This section does not prohibit a justice who is
authorized by law to act for others in the collection of debts from
undertaking to collect a debt for another if the amount of the debt
is beyond the jurisdiction of the justice court.
Added by Acts 1993, 73rd Leg., ch. 268, § 9, eff. Sept. 1, 1993.
SUBCHAPTER B. JURISDICTION AND POWERS
§ 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 $5,000, exclusive of interest;
(2) cases of forcible entry and detainer; and
(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.
(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.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 745, § 2, eff. June 20, 1987; Acts
1991, 72nd Leg., ch. 776, § 2, eff. Sept. 1, 1991.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 27.034. DEED RESTRICTION JURISDICTION. (a) A
justice court has jurisdiction of suits relating to enforcement of
a deed restriction of a residential subdivision that does not
concern a structural change to a dwelling.
(b) The petitioner in a dispute concerning a deed
restriction shall present as evidence at the first hearing in the
dispute:
(1) a certified copy of the deed or other document that
establishes the restriction on the property; and
(2) other documents necessary to demonstrate that the
restriction applies to the property in dispute.
(c) In a dispute concerning a deed restriction, a justice of
the peace may order any alternative method of dispute resolution
provided by Title 7, Civil Practice and Remedies Code.
(d) The jurisdiction provided by this section is concurrent
with the jurisdiction of the district court.
(e) A justice court has jurisdiction of suits under this
section regardless of the amount in controversy.
(f) In a dispute concerning a deed restriction, a justice of
the peace may consolidate disputes relating to the same issues and
parties.
(g) An appeal under this section is by trial de novo.
(h) In this section, "deed restriction" means one or more
restrictive covenants contained or incorporated by reference in a
properly recorded deed, map, plat, replat, declaration, or other
instrument filed in the real property records, map records, or deed
records of the county in which the property is located.
(i) In this section, a "dwelling" does not include an
external structure such as a carport, fence, storage building, or
unattached garage.
(j) Nothing in this section authorizes a justice of the
peace to grant a writ of injunction.
Added by Acts 1995, 74th Leg., ch. 1022, § 1, eff. June 17, 1995.
Amended by Acts 1997, 75th Leg., ch. 136, § 1, eff. May 19, 1997;
Acts 1999, 76th Leg., ch. 672, § 1, eff. June 18, 1999.
SUBCHAPTER C. CONDUCTING COURT
§ 27.051. TERMS OF COURT; PLACE FOR HOLDING
COURT. (a) Each justice shall hold a term of court for civil
business once each month and may transact such business out of
termtime as is authorized by law.
(b) Each justice shall hold the regular term of court at the
justice's office at times prescribed by the commissioners court.
The commissioners court shall set the time and place for holding
justice court.
(c) A justice may hold court from day to day until all
business is disposed of or may adjourn the court or trial of a case
to a particular day.
(d) If the regular term does not begin on the day set by law,
the court is considered adjourned until its next regular term.
(e) If the justice precinct in which the courthouse is
located has more than 75,000 inhabitants, the commissioners court
shall provide and furnish a suitable place in the courthouse for the
justice of that precinct to hold court.
(f) A justice of the peace of a precinct in a county with a
population of less than 30,000 may hold court in the county
courthouse or another facility provided under Section 292.002(a),
Local Government Code, for that purpose. If requested by the
justice, the commissioners court of the county may provide and
furnish a suitable place in the courthouse or another facility
provided under Section 292.002(a), Local Government Code, for the
justice to hold court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 1223, § 1, eff. June 16, 1989; Acts
1993, 73rd Leg., ch. 825, § 2, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1985.
§ 27.054. EXCHANGE OF BENCHES. (a) A justice of the
peace may hold court for any other justice in the county.
(b) The justices of a county may exchange benches if they
consider it expedient.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 27.055. SPECIAL AND TEMPORARY JUSTICES. (a) If a
justice of the peace is disqualified from a civil case, is sick, or
is absent from the precinct, the parties may agree on a person to
try the case. If the parties fail to agree at the first term of the
court after service is perfected, the county judge shall, on
application of the justice or either party, appoint a qualified
person to try the case. The disqualification, absence, or illness
of the justice and the selection by agreement or appointment of
another person to try the case shall be noted on the docket of the
justice.
(b) If a justice is temporarily unable to perform official
duties because of absence, recusal, illness, injury, or other
disability, the county judge may appoint a qualified person to
serve as temporary justice for the duration of the disability. The
commissioners court shall compensate the temporary justice by the
day, week, or month in an amount equal to the compensation of the
regular justice. A temporary justice has all the rights and powers
of the justice of the peace while serving in that capacity but may
not make personnel decisions about, or significant changes in, the
justice of the peace's office.
(c) In Subsection (b), "qualified person" means a person who
has served as a justice of the peace for not less than 4-1/2 years
and who has not been convicted of a criminal offense that involves
moral turpitude.
(d) A person appointed under Subsection (b) 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).
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1995, 74th Leg., ch. 716, § 1, eff. Sept. 1, 1995.
§ 27.056. CLERK. (a) Each justice of the peace may
designate one or more persons to serve as clerk of the justice
court.
(b) The clerk may administer oaths and affidavits and make
certificates and affix the court's seal to those certificates.
(c) The clerk shall:
(1) maintain central docket records for all cases
filed in the justice court;
(2) maintain an index of all court judgments for cases
arising in the justice court; and
(3) perform the other duties required by law and
assist the judge in handling matters before the court.
Added by Acts 1989, 71st Leg., ch. 802, § 2, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 96, § 1, eff. Sept. 1, 1995.
§ 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, § 3, eff. Sept. 1, 1989.
§ 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, § 3, eff. Sept. 1, 1991.
§ 27.059. JUSTICE OF THE PEACE SEAL. (a) The
commissioners court shall furnish to each justice of the peace a
seal that has a star with five points in the center. The seal must
also have "Justice Court, __________ County, Texas" and any
applicable precinct number on it.
(b) The seal may be attached to all process other than
subpoenas issued out of the justice court and may be used to
authenticate the official acts of the justice clerk and the justice
of the peace.
(c) The seal may be affixed by a seal press or stamp that
embosses or prints the seal.
Added by Acts 1991, 72nd Leg., ch. 747, § 1, eff. Sept. 1, 1991.
Renumbered from § 27.058 by Acts 1991, 72nd Leg., 1st C.S., ch.
14, § 8.01(12), eff. Nov. 12, 1991.
