LegalTips.ORG - Texas GOVERNMENT CODE

§ 74.001. MEETINGS. (a) The chief justice shall call
and preside over an annual meeting of the presiding judges of the
administrative judicial regions on a date and at a time and place in
the state designated by the chief justice.
(b) The chief justice may call and convene additional
meetings of the regional presiding judges or local administrative
judges that he considers necessary for the promotion of the orderly
and efficient administration of justice.
(c) At the meetings, the judges shall:
(1) study the statistics reflecting the condition of
the dockets of the courts of the state to determine the need for the
assignment of judges under Subchapter C;
(2) compare the regional and local rules of court to
achieve the uniformity of rules that is practicable and consistent
with local conditions;
(3) consider uniformity in the administration of this
chapter in the various administrative regions; and
(4) promote more effective administration of justice
through the use of this chapter.
(d) The expenses of the judges attending these meetings
shall be paid as provided by Sections 74.043 and 74.061.

Added by Acts 1987, 70th Leg., ch. 148, § 2.93(a), eff. Sept. 1,
1987.

§ 74.003. ASSIGNMENT OF JUSTICES AND JUDGES FOR
APPELLATE COURTS. (a) The chief justice of the supreme court may
temporarily assign a justice of a court of appeals to another court
of appeals regardless of whether a vacancy exists in the court of
appeals to which the justice is assigned.
(b) The chief justice of the supreme court may assign a
qualified retired justice or judge of the supreme court, of the
court of criminal appeals, or of a court of appeals to a court of
appeals for active service regardless of whether a vacancy exists
in the court to which the justice is assigned. To be eligible for
assignment under this subsection, a retired justice or judge must:
(1) have served as an active justice or judge for at
least 96 months in a district, statutory probate, statutory county,
or appellate court, with at least 48 of those months in an appellate
court;
(2) not have been removed from office;
(3) certify under oath to the chief justice of the
supreme court, on a form prescribed by the chief justice, that:
(A) the justice or judge has never been publicly
reprimanded or censured by the State Commission on Judicial
Conduct; and
(B) the justice or judge:
(i) did not resign or retire from office
after the State Commission on Judicial Conduct notified the justice
or judge of the commencement of a full investigation into an
allegation or appearance of misconduct or disability of the justice
or judge as provided in Section 33.022 and before the final
disposition of that investigation; or
(ii) if the justice or judge did resign from
office under circumstances described by Subparagraph (i), the
justice or judge was not publicly reprimanded or censured as a
result of the investigation;
(4) annually demonstrate that the justice or judge has
completed in the past state fiscal year the educational
requirements for active appellate court justices or judges; and
(5) certify to the chief justice of the supreme court a
willingness not to appear and plead as an attorney in any court in
this state for a period of two years.
(c) An active or retired justice or judge assigned as
provided by this section out of the county of his residence is
entitled to receive the same expenses and per diem as those allowed
a district judge assigned as provided by Subchapter C. The state
shall pay the expenses and per diem on certificates of approval by
the chief justice of the supreme court or the chief justice of the
court of appeals to which the justice or judge is assigned. The
compensation authorized by this subsection is in addition to all
other compensation authorized by law.
(d) An active justice assigned out of the county of his
residence as provided by this section is entitled to receive, pro
rata for the time serving on assignment, supplemental compensation
from the county or counties paying supplemental compensation under
Chapter 31 to an associate justice of the court of appeals to which
the justice is assigned.
(e) A retired justice or judge assigned as provided by this
section is entitled to receive, pro rata for the time serving on
assignment, from money appropriated from the general revenue fund
for that purpose, an amount equal to the compensation received from
state and county sources by a justice of the court of appeals to
which assigned.
(f) For the purposes of Subsection (b)(1), a month of
service is calculated as a calendar month or a portion of a calendar
month in which a justice or judge was authorized by election or
appointment to preside.
(g) Subsection (b)(1) does not apply to a retired justice of
the supreme court.
(h) Notwithstanding any other provision of law, an active
district court judge may be assigned to hear a matter pending in an
appellate court.

Added by Acts 1987, 70th Leg., ch. 148, § 2.93(a), eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 785, § 1, 7, eff. June
16, 1991; Acts 2003, 78th Leg., ch. 315, § 7, 8, eff. Sept. 1,
2003.

§ 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, § 2.93(a), eff. Sept. 1,
1987.

§ 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, § 2.93(a), eff. Sept. 1,
1987.

§ 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, § 2.93(a), eff. Sept. 1,
1987.

§ 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, § 2.93(a), eff. Sept. 1,
1987.

SUBCHAPTER B. SUPREME COURT

§ 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, § 2.93(a), eff. Sept. 1,
1987.

§ 74.022. CHANGES IN NUMBER OF COURTS. (a) The supreme
court shall assess the need for adding, consolidating, eliminating,
or reallocating existing appellate courts.
(b) The supreme court shall promulgate rules, regulations,
and criteria to be used in assessing those needs.
(c) The supreme court shall recommend to the regular session
of the legislature convening in the third year following the year in
which the federal decennial census is taken any needed changes in
the number or allocation of those courts.

Added by Acts 1987, 70th Leg., ch. 148, § 2.93(a), eff. Sept. 1,
1987. Amended by Acts 1995, 74th Leg., ch. 639, § 1, eff. Sept.
1, 1995.

§ 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, § 2.93(a), eff. Sept. 1,
1987.

§ 74.024. RULES. (a) The supreme court may adopt rules
of administration setting policies and guidelines necessary or
desirable for the operation and management of the court system and
for the efficient administration of justice.
(b) The supreme court shall request the advice of the court
of criminal appeals before adopting rules affecting the
administration of criminal justice.
(c) The supreme court may consider the adoption of rules
relating to:
(1) nonbinding time standards for pleading,
discovery, motions, and dispositions;
(2) nonbinding dismissal of inactive cases from
dockets, if the dismissal is warranted;
(3) attorney's accountability for and incentives to
avoid delay and to meet time standards;
(4) penalties for filing frivolous motions;
(5) firm trial dates;
(6) restrictive devices on discovery;
(7) a uniform dockets policy;
(8) formalization of settlement conferences or
settlement programs;
(9) standards for selection and management of
nonjudicial personnel; and

Text of subsec. (c)(10) as added by Acts 2003, 78th Leg., ch. 204,
§ 3.01
(10) transfer of related cases for consolidated or
coordinated pretrial proceedings.

Text of subsec. (c)(10) as added by Acts 2003, 78th Leg., ch. 747,
§ 1
(10) 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, § 2.01, eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 204, § 3.01, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 747, § 1, eff. Sept. 1,
2003.

§ 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, § 2.10, eff. Sept. 1,
1987. Amended by Acts 1993, 73rd Leg., ch. 896, § 7, eff. Sept.
1, 1993.

SUBCHAPTER C. ADMINISTRATIVE JUDICIAL REGIONS

§ 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 § 74.001 and amended by Acts 1987, 70th Leg., ch.
148, § 2.93(a), eff. Sept. 1, 1987. Amended by Acts 1989, 71st
Leg., ch. 646, § 6, eff. Aug. 28, 1989; Acts 2003, 78th Leg., ch.
315, § 9, eff. Sept. 1, 2003.

§ 74.042. ADMINISTRATIVE REGIONS. (a) The state is
divided into nine administrative judicial regions.
(b) The First Administrative Judicial Region is composed of
the counties of Anderson, Bowie, Camp, Cass, Cherokee, Collin,
Dallas, Delta, Ellis, Fannin, Franklin, Grayson, Gregg, Harrison,
Henderson, Hopkins, Houston, Hunt, Kaufman, Lamar, Marion, Morris,
Nacogdoches, Panola, Rains, Red River, Rockwall, Rusk, Shelby,
Smith, Titus, Upshur, Van Zandt, and Wood.
(c) The Second Administrative Judicial Region is composed
of the counties of Angelina, Bastrop, Brazoria, Brazos, Burleson,
Chambers, Fort Bend, Freestone, Galveston, Grimes, Hardin, Harris,
Jasper, Jefferson, Lee, Leon, Liberty, Limestone, Madison,
Matagorda, Montgomery, Newton, Orange, Polk, Robertson, Sabine,
San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller,
Washington, and Wharton.
(d) The Third Administrative Judicial Region is composed of
the counties of Austin, Bell, Blanco, Bosque, Burnet, Caldwell,
Colorado, Comal, Comanche, Coryell, Falls, Fayette, Gonzales,
Guadalupe, Hamilton, Hays, Hill, Lampasas, Lavaca, Llano,
McLennan, Milam, Navarro, San Saba, Travis, and Williamson.
(e) The Fourth Administrative Judicial Region is composed
of the counties of Aransas, Atascosa, Bee, Bexar, Calhoun, DeWitt,
Dimmit, Frio, Goliad, Jackson, Karnes, LaSalle, Live Oak, Maverick,
McMullen, Refugio, San Patricio, Victoria, Webb, Wilson, Zapata,
and Zavala.
(f) The Fifth Administrative Judicial Region is composed of
the counties of Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Kenedy, Kleberg, Nueces, Starr, and Willacy.
(g) The Sixth Administrative Judicial Region is composed of
the counties of Bandera, Brewster, Crockett, Culberson, Edwards, El
Paso, Gillespie, Hudspeth, Jeff Davis, Kendall, Kerr, Kimble,
Kinney, Mason, Medina, Pecos, Presidio, Reagan, Real, Sutton,
Terrell, Upton, Uvalde, and Val Verde.
(h) The Seventh Administrative Judicial Region is composed
of the counties of Andrews, Borden, Brown, Callahan, Coke, Coleman,
Concho, Crane, Dawson, Ector, Fisher, Gaines, Garza, Glasscock,
Haskell, Howard, Irion, Jones, Kent, Loving, Lynn, Martin,
McCulloch, Menard, Midland, Mills, Mitchell, Nolan, Reeves,
Runnels, Schleicher, Scurry, Shackelford, Sterling, Stonewall,
Taylor, Throckmorton, Tom Green, Ward, and Winkler.
(i) The Eighth Administrative Judicial Region is composed
of the counties of Archer, Clay, Cooke, Denton, Eastland, Erath,
Hood, Jack, Johnson, Montague, Palo Pinto, Parker, Somervell,
Stephens, Tarrant, Wichita, Wise, and Young.
(j) The Ninth Administrative Judicial Region is composed of
the counties of Armstrong, Bailey, Baylor, Briscoe, Carson, Castro,
Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Deaf
Smith, Dickens, Donley, Floyd, Foard, Gray, Hale, Hall, Hansford,
Hardeman, Hartley, Hemphill, Hockley, Hutchinson, King, Knox,
Lamb, Lipscomb, Lubbock, Moore, Motley, Ochiltree, Oldham, Parmer,
Potter, Randall, Roberts, Sherman, Swisher, Terry, Wheeler,
Wilbarger, and Yoakum.

Renumbered from § 74.002 and amended by Acts 1987, 70th Leg., ch.
148, § 2.93(a), eff. Sept. 1, 1987. Amended by Acts 1999, 76th
Leg., ch. 623, § 3, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch.
43, § 1, eff. Sept. 1, 2001.

§ 74.043. FACILITIES; FUNDING. (a) Adequate quarters
for the operation of each administrative region and the
preservation of its records shall be provided in the courthouse of
the county in which the presiding judge resides.
(b) Except for the salaries, compensation, and expenses
provided by state appropriations, the counties composing the
administrative region shall pay, out of the general funds of the
counties, the salaries, compensation, and expenses authorized and
incurred to administer this chapter, including expenses for the
purchase of professional liability insurance policies for regional
presiding judges.
(c) Except as provided by Section 74.051, the salaries,
compensation, and expenses shall be paid through the county budget
process of each county in the region in proportion to the population
of the counties comprising the region and on certificates of
approval of the presiding judge.

Renumbered from § 74.003 and amended by Acts 1987, 70th Leg., ch.
674, § 2.02, eff. Aug. 31, 1987.

§ 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 § 74.012 and amended by Acts 1987, 70th Leg., ch.
148, § 2.93(a), eff. Sept. 1, 1987.

§ 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 § 74.013 and amended by Acts 1987, 70th Leg., ch.
148, § 2.93(a), eff. Sept. 1, 1987. Amended by Acts 1991, 72nd
Leg., ch. 656, § 1, eff. Aug. 26, 1991.

§ 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, § 2.93(a), eff. Sept. 1,
1987.

§ 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, § 2.93(a), eff. Sept. 1,
1987.

§ 74.048. COUNCIL OF JUDGES. (a) Once each year, the
presiding judge shall call a regular meeting of the district and
statutory county court judges in the administrative region at a
time and place designated by the presiding judge. In addition, the
presiding judge may call a special meeting of the judges at any time
he considers necessary.
(b) The purposes of the meetings or council of judges are
consultation and counseling concerning the state of the civil and
criminal business in the courts of the administrative region and
arranging for the disposition of the business pending on the court
dockets.
(c) The council of judges shall adopt:
(1) regional rules of administration within policies
and guidelines set by the supreme court;
(2) rules to regulate and facilitate the order of
trials and the recordkeeping in the counties in the region in which
judges are sent from one region to another to aid the disposition of
cases; and
(3) other rules necessary to the practical operation
of this chapter.
(d) Repealed by Acts 1987, 70th Leg., ch. 674, § 2.12,
eff. Sept. 1, 1987.

Renumbered from § 74.015 and amended by Acts 1987, 70th Leg., ch.
148, § 2.93(a), eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch.
674, § 2.12, eff. Sept. 1, 1987.

§ 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 § 74.016 and amended by Acts 1987, 70th Leg., ch.
148, § 2.93(a), eff. Sept. 1, 1987.

§ 74.050. ADMINISTRATIVE ASSISTANT. (a) The presiding
judge may employ, directly or through a contract with another
governmental entity, a full-time or part-time administrative
assistant.
(b) An administrative assistant must have the
qualifications established by rule of the supreme court.
(c) An administrative assistant shall aid the presiding
judge in carrying out the judge's duties under this chapter. The
administrative assistant shall:
(1) perform the duties that are required by the
presiding judge and by the rules of administration;
(2) conduct correspondence for the presiding judge;
(3) under the direction of the presiding judge, make
an annual report of the activities of the administrative region and
special reports as provided by the rules of administration to the
supreme court, which shall be made in the manner directed by the
supreme court; and
(4) attend to other matters that are prescribed by the
council of judges.
(d) An administrative assistant, with the approval of the
presiding judge, may purchase the necessary office equipment,
stamps, stationery, and supplies and employ additional personnel as
authorized by the presiding judge.
(e) An administrative assistant is entitled to receive the
compensation from the state provided by the General Appropriations
Act, from county funds, or from any public or private grant.

Renumbered from § 74.017 and amended by Acts 1987, 70th Leg., ch.
674, § 2.03, eff. Sept. 1, 1987.

§ 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 $23,000 a year. The Texas
Judicial Council shall set the salary biennially and, in arriving
at the amount of the salary, shall consider whether the presiding
judge is active in administrative duties, performs part time, or is
a retired judge. The salary set by the Texas Judicial Council shall
be apportioned to each county in the region according to the
population of the counties comprising the region and shall be paid
through the county budget process.
(c) A presiding judge who is a retired or former district
judge or a retired appellate judge and who presides over an
administrative region with 30 or more district courts, statutory
county courts, and retired and former judges named on the list
maintained under Section 74.055 for the administrative region is
entitled to an annual salary for each fiscal year as follows: Number of Courts and Judges Salary
30 to 49 $25,000
50 to 69 $30,000
70 to 89 $35,000
90 or more $40,000

(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 § 74.018 and amended by Acts 1987, 70th Leg., ch.
674, § 2.04, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd
Leg., ch. 656, § 2, eff. Sept. 1, 1991; Acts 1999, 76th Leg., ch.
294, § 1, eff. Sept. 1, 1999.

§ 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, § 2.13,
eff. Sept. 1, 1987.

Renumbered from § 74.031 and amended by Acts 1987, 70th Leg., ch.
148, § 2.93(a), eff. Sept. 1, 1987. Amended by Acts 1987, 70th
Leg., ch. 674, § 2.13, eff. Sept. 1, 1987.

§ 74.053. OBJECTION TO JUDGE ASSIGNED TO A TRIAL
COURT. (a) When a judge is assigned to a trial court under this
chapter:
(1) the order of assignment must state whether the
judge is an active, former, retired, or senior judge; and
(2) the presiding judge shall, if it is reasonable and
practicable and if time permits, give notice of the assignment to
each attorney representing a party to the case that is to be heard
in whole or part by the assigned judge.
(b) If a party to a civil case files a timely objection to
the assignment, the judge shall not hear the case. Except as
provided by Subsection (d), each party to the case is only entitled
to one objection under this section for that case.
(c) An objection under this section must be filed not later
than the seventh day after the date the party receives actual notice
of the assignment or before the date the first hearing or trial,
including pretrial hearings, commences, whichever date occurs
earlier. The presiding judge may extend the time to file an
objection under this section on written motion by a party who
demonstrates good cause.
(d) An assigned judge or justice who was defeated in the
last primary or general election for which the judge or justice was
a candidate for the judicial office held by the judge or justice may
not sit in a case if either party objects to the judge or justice.
(e) An active judge assigned under this chapter is not
subject to an objection.
(f) For purposes of this section, notice of an assignment
may be given and an objection to an assignment may be filed by
electronic mail.
(g) In this section, "party" includes multiple parties
aligned in a case as determined by the presiding judge.

Added by Acts 1987, 70th Leg., ch. 148, § 2.93(a), eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.37(a), eff.
Aug. 28, 1989; Acts 1989, 71st Leg., ch. 270, § 1, eff. Aug. 28,
1989; Acts 1991, 72nd Leg., ch. 785, § 2, eff. June 16, 1991;
Acts 2003, 78th Leg., ch. 315, § 10, eff. Sept. 1, 2003.

§ 74.054. JUDGES SUBJECT TO ASSIGNMENT. (a) Except as
provided by Subsections (b) and (c), the following judges may be
assigned as provided by this chapter by the presiding judge of the
administrative region in which the assigned judge resides:
(1) an active district, constitutional county, or
statutory county court judge in this state;
(2) a senior judge who has consented to be subject to
assignment and who is on the list maintained by the presiding judge
under this chapter;
(3) a former district or appellate judge, retired or
former statutory probate court judge, or retired or former
statutory county court judge who certifies to the presiding judge a
willingness to serve and who is on the list maintained by the
presiding judge as required by this chapter;
(4) a retiree or a former judge whose last judicial
office before retirement was justice or judge of the supreme court,
the court of criminal appeals, or a court of appeals and who has
been assigned by the chief justice to the administrative judicial
region in which the retiree or former judge resides for
reassignment by the presiding judge of that region to a district or
statutory county court in the region; and
(5) an active judge or justice of the supreme court,
the court of criminal appeals, or a court of appeals who has had
trial court experience.
(b) An active statutory county court judge may not be
assigned to hear a matter pending in a district court outside the
county of the judge's residence.
(c) A constitutional county court judge may only be assigned
to sit for another constitutional county court judge and must be a
licensed attorney in this state.
(d) A retired judge of a statutory probate court may also
qualify for assignment under Section 25.0022.

Renumbered from § 74.032 and amended by Acts 1987, 70th Leg., ch.
674, § 2.05, eff. Sept. 1, 1987. Amended by Acts 1989, 71st
Leg., ch. 82, § 1, eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch.
179, § 2(d)(1), eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch.
646, § 7, eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 726, §
1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, § 8.04, eff.
Aug. 26, 1991; Acts 1995, 74th Leg., ch. 298, § 2, 3, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 1305, § 1, eff. Sept. 1, 1997;
Acts 2003, 78th Leg., ch. 315, § 11, eff. Sept. 1, 2003.

§ 74.055. LIST OF RETIRED AND FORMER JUDGES SUBJECT TO
ASSIGNMENT. (a) Each presiding judge shall maintain a list of
retired and former judges who meet the requirements of this
section.
(b) The presiding judge shall divide the list into area
specialties of criminal, civil, or domestic relations cases. A
retired or former judge may only be assigned to a case in the
judge's area of specialty. A judge may qualify for assignment in
more than one area of specialty.
(c) To be eligible to be named on the list, a retired or
former judge must:
(1) have served as an active judge for at least 96
months in a district, statutory probate, statutory county, or
appellate court;
(2) have developed substantial experience in the
judge's area of specialty;
(3) not have been removed from office;
(4) certify under oath to the presiding judge, on a
form prescribed by the state board of regional judges, that:
(A) the judge has never been publicly reprimanded
or censured by the State Commission on Judicial Conduct; and
(B) the judge:
(i) did not resign or retire from office
after the State Commission on Judicial Conduct notified the judge
of the commencement of a full investigation into an allegation or
appearance of misconduct or disability of the judge as provided in
Section 33.022 and before the final disposition of that
investigation; or
(ii) if the judge did resign from office
under circumstances described by Subparagraph (i), was not publicly
reprimanded or censured as a result of the investigation;
(5) annually demonstrate that the judge has completed
in the past state fiscal year the educational requirements for
active district, statutory probate, and statutory county court
judges; and
(6) certify to the presiding judge a willingness not
to appear and plead as an attorney in any court in this state for a
period of two years.
(d) Repealed by Acts 2003, 78th Leg., ch. 315, § 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, § 2.10, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.38, eff. Aug.
28, 1989; Acts 1989, 71st Leg., ch. 82, § 2, eff. Aug. 28, 1989;
Acts 1989, 71st Leg., ch. 646, § 8, eff. Aug. 28, 1989; Acts
1991, 72nd Leg., ch. 16, § 8.05, eff. Aug. 26, 1991; Acts 1991,
72nd Leg., ch. 785, § 3 to 5, eff. June 16, 1991; Acts 1995, 74th
Leg., ch. 298, § 4, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch.
315, § 12, 15, eff. Sept. 1, 2003.

§ 74.0551. CERTIFICATION OF WILLINGNESS NOT TO APPEAR
AND PLEAD AS AN ATTORNEY. (a) The two-year period provided for in
Section 74.055(c)(6) is from January 1 of one year through December
31 of the next year.
(b) An initial certification of willingness not to appear
and plead made before the judge leaves active service extends
through December 31 of the year following the year in which the
judge leaves active service. An initial certification made after
the judge leaves active service extends through December 31 of the
year following the year in which the certification is made.
(c) The person's second and subsequent certifications begin
on the January 1 following the year in which the initial
certification ends and each second January 1 thereafter, unless a
written revocation is filed with the presiding judge not later than
the 30th day before the date the revocation takes effect. A
revocation may not take effect until the completion of the initial
certification period under Subsection (b).
(d) If a revocation is not filed, recertification for
subsequent two-year periods takes effect by operation of law.
(e) A revocation may be rescinded and a certification of
willingness not to appear and plead reinstated only on written
request to the presiding judge and with the consent of the presiding
judge.

Added by Acts 1989, 71st Leg., ch. 646, § 9, eff. Aug. 28, 1989.
Amended by Acts 1995, 74th Leg., ch. 10, § 1, eff. April 12,
1995.

§ 74.056. ASSIGNMENT BY PRESIDING JUDGE. (a) A
presiding judge from time to time shall assign the judges of the
administrative region to hold special or regular terms of court in
any county of the administrative region to try cases and dispose of
accumulated business.
(b) The presiding judge of one administrative region may
request the presiding judge of another administrative region to
furnish judges to aid in the disposition of litigation pending in a
county in the administrative region of the presiding judge who
makes the request.
(c) The presiding judge of an administrative region may
appoint a judge in the region to serve as acting presiding judge in
the absence of the presiding judge. An acting presiding judge has
all the rights, duties, and powers of the presiding judge.
(d) In addition to an assignment under Sections 74.003,
75.002, and 75.003, the chief justice of the supreme court may
assign a retiree or a former judge whose last judicial office before
retirement was justice or judge of the supreme court, the court of
criminal appeals, or a court of appeals to the administrative
judicial region in which the retiree or former judge resides for
reassignment by the presiding judge of that region to a district or
statutory county court in the region. The reassignment by a
presiding judge is subject to the requirements of Section 74.055.
The assignment of a retiree or former judge by the chief justice to
the administrative region continues only during the period for
which the retiree or former judge has certified a willingness to
serve under Section 74.0551.

Renumbered from § 74.033 and amended by Acts 1987, 70th Leg., ch.
674, § 2.06, eff. Sept. 1, 1987. Amended by Acts 1989, 71st
Leg., ch. 646, § 10, eff. Aug. 28, 1989.

§ 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 § 74.034 and amended by Acts 1987, 70th Leg., ch.
148, § 2.93(a), eff. Sept. 1, 1987.

§ 74.058. DUTY TO SERVE WHEN ASSIGNED. (a) Except as
provided by this chapter, a judge assigned by the presiding judge to
a court in the same administrative region, or to a court in another
administrative region at the request of the presiding judge of the
other administrative region, shall serve in the court or
administrative region to which he is assigned.
(b) The presiding judge of a judge's administrative region
may relieve the judge of an assignment on presentation of good cause
in writing by the assigned judge to the presiding judge.
(c) If the presiding judge refuses to relieve a judge from
assignment after receiving from the judge a written statement
declining the assignment for good cause, the judge may, not later
than the fifth day after refusal by the presiding judge, petition
the chief justice for relief from the assignment for good cause.
The chief justice may grant or refuse a petition for relief from
assignment at his discretion.

Renumbered from § 74.035 and amended by Acts 1987, 70th Leg., ch.
148, § 2.93(a), eff. Sept. 1, 1987.

§ 74.059. POWERS AND DUTIES. (a) A judge assigned
under the provisions of this chapter has all the powers of the judge
of the court to which he is assigned.
(b) A judge shall extend the regular terms of the court, or
call the special terms, that are necessary to carry out the purposes
of this chapter and to dispose of pending litigation. If a term is
extended, the other terms of the court may be opened and held as
usual, and a term of court in that district does not fail because of
the extension. By entering an order on the minutes of the court,
the judge of a district court or statutory county court or a judge
assigned by the presiding judge may convene a special term of the
court for the trial of cases, the entry of orders, and the
disposition of the business before the court.
(c) A district, statutory probate, or statutory county
court judge shall:
(1) diligently discharge the administrative
responsibilities of the office;
(2) rule on a case within 90 days after the case is
taken under advisement;
(3) request the presiding judge to assign another
judge to hear a motion relating to the recusal of the judge from a
case pending in his court; and
(4) if an election contest or a suit for the removal of
a local official is filed in his court, request the presiding judge
to assign another judge who is not a resident of the county to hold a
regular or special term of court in that county to dispose of the
suit.

Renumbered from § 74.036 and amended by Acts 1987, 70th Leg., ch.
674, § 2.07, eff. Sept. 1, 1987. Amended by Acts 1995, 74th
Leg., ch. 298, § 5, eff. Sept. 1, 1995.

§ 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, § 2.93(a), eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 726, § 2, eff. Sept.
1, 1989; Acts 1997, 75th Leg., ch. 1305, § 2, eff. Sept. 1, 1997.

§ 74.061. COMPENSATION WHILE ASSIGNED. (a) The
salary, compensation, and expenses of a judge or justice while
assigned under this chapter shall be paid in accordance with this
chapter and other law of this state.
(b) While serving in a county outside his judicial district
or county, a judge is entitled to receive, in addition to his
necessary expenses, additional compensation from the county to
which he is assigned in an amount not to exceed the difference
between the compensation of the assigned judge from all sources,
exclusive of the per diem provided by Subsection (f), and the
compensation received from all sources by the judge of the court to
which he is assigned. The county shall pay the compensation
provided by this subsection on approval of the presiding judge of
the administrative region in which the court to which the judge is
assigned is located.
(c) The salary of a retired judge or justice while assigned
under this chapter shall be paid out of money appropriated from the
general revenue fund for that purpose in an amount equal to the
compensation received from state and county sources of the judge of
the court to which he is assigned. The salary of a retired judge or
justice while assigned shall be determined pro rata for the period
of time that the judge or justice actually sits as the assigned
judge. The salary of a retired statutory county court judge
assigned under this chapter to serve in a district court shall be
paid by the state in the same manner as the salary of a retired
district judge assigned under this chapter to serve in a district
court is paid by the state.
(d) For services actually performed while assigned under
this chapter, a retired or former judge or justice shall receive
from county funds and money appropriated by the legislature the
same amount of salary, compensation, and expenses that the regular
judge is entitled to receive from the county and from the state for
those services. The presiding judge of the administrative region
shall certify to the county and the state the services rendered
under this chapter by a retired or former judge or justice and the
share to be paid by the state. The amount certified by the
presiding judge as the state's share shall be paid from an item in
the Judicial Section--Comptroller's Department of the General
Appropriations Act for the payment of salaries of district and
criminal district judges.
(e) When a district, statutory probate, constitutional
county, or statutory county court judge is assigned under this
chapter to a court outside his own district or county, the judge, in
addition to all other compensation authorized by law, is entitled
to receive his actual expenses in going to and returning from his
assignment and his actual living expenses while in the performance
of his duties under the assignment. The county in which the duties
are performed shall pay the expenses out of the general fund of the
county on accounts certified and approved by the presiding judge of
the administrative region for that county.
(f) When a district, statutory probate, constitutional
county, or statutory county court judge is assigned under this
chapter to a court outside his own district or county, the judge, in
addition to all other compensation and expenses authorized by law,
is entitled to receive a per diem of $25 for each day or fraction of
a day that the judge spends outside his district or county in the
performance of his duties under the assignment. The state shall pay
the per diem in the same manner that it pays the judge's salary on
certificates of approval by the chief justice or the presiding
judge of the administrative region in which the judge resides.
(g) An active judge or justice of the supreme court, the
court of criminal appeals, or a court of appeals assigned under this
subchapter is not entitled to receive any additional compensation
for serving as a visiting judge. A court of appeals justice
assigned to a court outside his own court of appeals district, a
justice of the supreme court, or a judge of the court of criminal
appeals is entitled to receive actual expenses in going to and
returning from assignment and actual living expenses while in the
performance of duties under the assignment. The county in which the
duties are performed shall pay the expenses out of the county's
general fund on accounts certified and approved by the presiding
judge of the administrative region for that county.
(h) Notwithstanding Subsection (c), the salary from the
state of a retired judge or justice assigned to a district court is
determined pro rata on the sum of the regular judge's salary from
the county plus the greater of:
(1) the regular judge's salary from the state on August
31, 1997; or
(2) 85 percent of the regular judge's salary from the
state, or a greater percentage of that salary, not to exceed 100
percent, 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, 1997; or
(2) 85 percent of the regular judge's salary from the
state, or a greater percentage of that salary, not to exceed 100
percent, 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 § 74.037 and amended by Acts 1987, 70th Leg., ch.
674, § 2.08, eff. Sept. 1, 1987. Amended by Acts 1989, 71st
Leg., ch. 82, § 3, eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch.
646, § 11, eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 726,
§ 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 785, § 6,
eff. June 16, 1991; Acts 1995, 74th Leg., ch. 298, § 6, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1166, § 4, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1305, § 3, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 299, § 1, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1184, § 1, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 315, § 13, eff. Sept. 1, 2003.

§ 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 § 74.038 and amended by Acts 1987, 70th Leg., ch.
674, § 2.09, eff. Sept. 1, 1987.

SUBCHAPTER D. ADMINISTRATION BY COUNTY

§ 74.091. LOCAL ADMINISTRATIVE DISTRICT
JUDGE. (a) There is a local administrative district judge in each
county.
(b) In a county with two or more district courts the judges
of those courts shall elect a district judge as local
administrative district judge for a term of not more than two years.
The local administrative district judge may not be elected on the
basis of rotation or seniority.
(c) In a county with only one district judge, the district
judge serves as the local administrative district judge.

Added by Acts 1987, 70th Leg., ch. 148, § 2.93(a), eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 646, § 12, eff. Aug.
28, 1989.

§ 74.0911. LOCAL ADMINISTRATIVE STATUTORY COUNTY COURT
JUDGE. (a) There is a local administrative statutory county
court judge in each county that has a statutory county court.
(b) In a county with two or more statutory county courts,
the judges of those courts shall elect a statutory county court
judge as local administrative statutory county court judge for a
term of not more than two years. A local administrative statutory
county court judge may not be elected on the basis of rotation or
seniority.
(c) In a county with only one statutory county court, the
statutory county court judge serves as the local administrative
statutory county court judge.

Added by Acts 1989, 71st Leg., ch. 646, § 13, eff. Aug. 28, 1989.

§ 74.092. DUTIES OF LOCAL ADMINISTRATIVE JUDGE. 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; and
(11) perform other duties as may be directed by the
chief justice or a regional presiding judge.

Added by Acts 1987, 70th Leg., ch. 148, § 2.93(a), eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 646, § 14, eff. Aug.
28, 1989; Acts 1991, 72nd Leg., ch. 746, § 68, eff. Oct. 1, 1991.

§ 74.093. RULES OF ADMINISTRATION. (a) The district
and statutory county court judges in each county shall, by majority
vote, adopt local rules of administration.
(b) The rules must provide for:
(1) assignment, docketing, transfer, and hearing of
all cases, subject to jurisdictional limitations of the district
courts and statutory county courts;
(2) designation of court divisions or branches
responsible for certain matters;
(3) holding court at least once a week in the county
unless in the opinion of the local administrative judge sessions at
other intervals will result in more efficient court administration;
(4) fair and equitable division of caseloads; and
(5) plans for judicial vacation, sick leave,
attendance at educational programs, and similar matters.
(c) The rules may provide for:
(1) the selection and authority of a presiding judge
of the courts giving preference to a specified class of cases, such
as civil, criminal, juvenile, or family law cases; and
(2) 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, § 2.93(a), eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 646, § 15, eff. Aug.
28, 1989.

§ 74.094. HEARING CASES. (a) A district or statutory
county court judge may hear and determine a matter pending in any
district or statutory county court in the county regardless of
whether the matter is preliminary or final or whether there is a
judgment in the matter. The judge may sign a judgment or order in
any of the courts regardless of whether the case is transferred.
The judgment, order, or action is valid and binding as if the case
were pending in the court of the judge who acts in the matter. The
authority of this subsection applies to an active, former, or
retired judge assigned to a court having jurisdiction as provided
by Subchapter C.
(b) The judges shall try any case and hear any proceeding as
assigned by the local administrative judge.
(c) The clerk shall file, docket, transfer, and assign the
cases as directed by the local administrative judge in accordance
with the local rules.
(d) Judges of district courts and statutory county courts
may serve as masters and magistrates of courts, other than their
own, subject to other provisions of law and court rules.
(e) A judge who has jurisdiction over a suit pending in one
county may, unless objected to by any party, conduct any of the
judicial proceedings except the trial on the merits in a different
county.
(f) A pretrial judge assigned to hear pretrial matters in
related cases under Rule 11, Texas Rules of Judicial
Administration, may hold pretrial proceedings and hearings on
pretrial matters for a case to which the judge has been assigned in:
(1) the county in which the case is pending; or
(2) a county in which there is pending a related case
to which the pretrial judge has been assigned.

Added by Acts 1987, 70th Leg., ch. 674, § 2.10, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.40(a), eff.
Aug. 28, 1989; Acts 1989, 71st Leg., ch. 179, § 2(d)(2), eff.
Sept. 1, 1989; Acts 1999, 76th Leg., ch. 1551, § 1, eff. Sept. 1,
1999.

§ 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, § 2.93(a), eff. Sept. 1,
1987.

SUBCHAPTER E. COURT COORDINATORS

§ 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, § 2.93(a), eff. Sept. 1,
1987.

§ 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, § 2.93(a), eff. Sept. 1,
1987.

§ 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, § 2.93(a), eff. Sept. 1,
1987.

§ 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, § 2.93(a), eff. Sept. 1,
1987.

§ 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, § 2.93(a), eff. Sept. 1,
1987.

§ 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 of criminal appeals may not require a court
coordinator to complete continuing education instruction during a
year in which the judge or commissioners court of the county
employing the court coordinator certifies to the court of criminal
appeals that state and local funds are not available for the court
coordinator's continuing education.

Added by Acts 1997, 75th Leg., ch. 45, § 2, eff. Sept. 1, 1997.

SUBCHAPTER F. TRANSFER OF CASES AND EXCHANGE OF BENCHES BETWEEN
CERTAIN COURTS

§ 74.121. TRANSFER OF CASES; EXCHANGE OF
BENCHES. (a) The judges of constitutional county courts,
statutory county courts, justice courts, and small claims courts in
a county may transfer cases to and from the dockets of their
respective courts, except that a case may not be transferred from
one court to another without the consent of the judge of the court
to which it is transferred and may not be transferred unless it is
within the jurisdiction of the court to which it is transferred.
The judges of those courts within a county may exchange benches and
courtrooms with each other so that if one is absent, disabled, or
disqualified, the other may hold court for him without the
necessity of transferring the case. Either judge may hear all or
any part of a case pending in court and may rule and enter orders on
and continue, determine, or render judgment on all or any part of
the case without the necessity of transferring it to his own docket.
A judge may not sit or act in a case unless it is within the
jurisdiction of his court. Each judgment and order shall be entered
in the minutes of the court in which the case is pending.
(b)(1) The judge of a statutory county court may transfer a
case to the docket of the district court, except that a case may not
be transferred without the consent of the judge of the court to
which it is being transferred and may not be transferred unless it
is within the jurisdiction of the court to which it is transferred.
(2) Notwithstanding Subdivision (1), in matters of
concurrent jurisdiction, a judge of a statutory county court in
Midland County and a judge of a district court in Midland County may
exchange benches and courtrooms with each other and may transfer
cases between their dockets in the same manner that judges of
district courts exchange benches and transfer cases under Section
24.303.
(c) When a case is transferred from one court to another as
provided by 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. The obligees in all bonds
and recognizances taken in and for a court from which a case is
transferred, and all witnesses summoned to appear in a court from
which a case is transferred, are required to appear before the court
to which the case is transferred as if originally required to appear
before the court to which the transfer is made.

Added by Acts 1987, 70th Leg., ch. 148, § 2.93(a), eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 646, § 16, eff. Aug.
28, 1989; Acts 1995, 74th Leg., ch. 654, § 1, eff. Sept. 1, 1995.

SUBCHAPTER G. DEFENSE OF JUDGES

§ 74.141. DEFENSE OF JUDGES. The attorney general shall
defend a state district judge, a presiding judge of an
administrative region, or an active, retired, or former judge
assigned under this chapter in any action or suit in any court in
which the judge is a defendant because of his office as judge if the
judge requests the attorney general's assistance in the defense of
the suit.

Added by Acts 1987, 70th Leg., ch. 674, § 2.11, eff. Sept. 1,
1987.

SUBCHAPTER H. JUDICIAL PANEL ON MULTIDISTRICT LITIGATION

§ 74.161. JUDICIAL PANEL ON MULTIDISTRICT
LITIGATION. (a) The judicial panel on multidistrict litigation
consists of five members designated from time to time by the chief
justice of the supreme court. The members of the panel must be
active court of appeals justices or administrative judges.
(b) The concurrence of three panel members is necessary to
any action by the panel.

Added by Acts 2003, 78th Leg., ch. 204, § 3.02, eff. Sept. 1,
2003.

§ 74.162. TRANSFER OF CASES BY PANEL. Notwithstanding
any other law to the contrary, the judicial panel on multidistrict
litigation may transfer civil actions involving one or more common
questions of fact pending in the same or different constitutional
courts, county courts at law, probate courts, or district courts to
any district court for consolidated or coordinated pretrial
proceedings, including summary judgment or other dispositive
motions, but not for trial on the merits. A transfer may be made by
the judicial panel on multidistrict litigation on its determination
that the transfer will:
(1) be for the convenience of the parties and
witnesses; and
(2) promote the just and efficient conduct of the
actions.

Added by Acts 2003, 78th Leg., ch. 204, § 3.02, eff. Sept. 1,
2003.

§ 74.163. OPERATION; RULES. (a) The judicial panel on
multidistrict litigation must operate according to rules of
practice and procedure adopted by the supreme court under Section
74.024. The rules adopted by the supreme court must:
(1) allow the panel to transfer related civil actions
for consolidated or coordinated pretrial proceedings;
(2) allow transfer of civil actions only on the panel's
written finding that transfer is for the convenience of the parties
and witnesses and will promote the just and efficient conduct of the
actions;
(3) require the remand of transferred actions to the
transferor court for trial on the merits; and
(4) provide for appellate review of certain or all
panel orders by extraordinary writ.
(b) The panel may prescribe additional rules for the conduct
of its business not inconsistent with the law or rules adopted by
the supreme court.

Added by Acts 2003, 78th Leg., ch. 204, § 3.02, eff. Sept. 1,
2003.

§ 74.164. AUTHORITY TO PRESIDE. Notwithstanding any
other law to the contrary, a judge who is qualified and authorized
by law to preside in the court to which an action is transferred
under this subchapter may preside over the transferred action as if
the transferred action were originally filed in the transferor
court.

Added by Acts 2003, 78th Leg., ch. 204, § 3.02, eff. Sept. 1,
2003.