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§ Creates 15 new district courts to be located in Fort Bend,
Tarrant, Bexar, Harris, Galveston, Travis, Tom Green, Cameron,
and Smith counties.
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§ Amends Texas forum non conveniens law to provide that
a claim may be stayed or dismissed in whole or part if:
§ an alternative forum exists in which the claim may be
tried;
§ the alternate forum provides an adequate remedy, and can
exercise jurisdiction over all defendants;
§ maintaining the claim in Texas would work a substantial
injustice to the moving party;
§ the balance of the parties' private interests and the
state's public interest favor the claim being brought in the alternative
forum; and
§ the stay or dismissal would not result in unreasonable
duplication or proliferation of litigation.
§ Authorizes a court to set the terms and conditions for
staying or dismissing a claim.
§ Bars a court from staying or dismissing a claim when a
plaintiff is a Texas resident. Requires the court to dismiss
a claim if the court finds that a party was joined solely for
the purpose of obtaining Texas jurisdiction and the party's claim
would be more properly heard in another forum.
§ Makes provisions applicable to civil actions commenced
on or after January 1, 1999, brought under certain federal acts
or concern air transportation operating in or traveling to or
from Texas; and all other civil actions brought on or after the
Act's effective date.
§ Limits the ability to bring civil actions for personal
injury or wrongful death suits in Texas in which the plaintiff
was not a Texas resident at the time the claim arose; the plaintiff's
claim arose outside of Texas; and the claim alleges harm caused
by exposure to asbestos fibers.
§ Requires a court, on the defendant's motion, to dismiss
claims filed in Texas on or after August 1, 1995, but before January
1, 1997, unless the plaintiff files a written statement to abate
the claim for 180 days, after which time the court must dismiss
the claim, or retain the claim and limit any exemplary damages
against the defendant to a maximum amount set by statute.
§ Bars a court from abating or dismissing a claim unless
that defendant waives any statute of limitations defense in all
other states in which the claim was not time-barred at the time
the claim was filed in Texas.
§ These provisions apply to civil actions alleging harm
caused by asbestos exposure pending on the Act's effective date.
The law in effect before the effective date applies to actions
tried before the effective date or in trial on that date and to
subsequent new trials or retrials.
§ Authorizes a citizen of another state or country to bring
a personal injury or death claim in Texas if the action is filed
in Texas within the time provided by the laws of the other jurisdiction.
§ Requires a court, on the request of the prosecuting attorney
in a multi-county judicial district, to set the hearing on a protective
order for a date and time not later than 20 days after the date
the application is filed or 20 days after the date a request is
made to reschedule a hearing.
§ Increases the annual salary of a justice of the Texas
Supreme Court to at least $102,463, notwithstanding existing law.
§ Provides that the salary of a local administrative judge
in a county of more than six district courts is entitled to an
annual state salary that is $5,000 more than the salary to which
the judge is otherwise entitled under law.
§ Provides that if at least 40 percent of the functions
that a county court judge performs are judicial, that judge is
entitled to an annual salary supplement of $5,000. Sets out the
procedure for claiming the supplement.
§ Provides that, notwithstanding existing law, the salary
from the state of a retired or former 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: the regular
judge's salary from the state on August 31, 1997; or 85 percent
of the regular judge's salary from the state.
§ Adds a definition of "court record" to Chapter
37 of the Penal Code (Perjury and other falsification).
§ Makes it a Class A misdemeanor or, if the person has two
or more previous convictions under this section, a third degree
felony, to make, use, or present any document or record with:
§ knowledge that the document or record is not a genuine
court record; and
§ intent that the document or record be given the same effect
as a genuine court record.
§ Provides that a clerk of the supreme court, court of criminal
appeals, or a court of appeals, or a district clerk, county clerk,
or municipal clerk may give written notice of any document that
the clerk has reason to believe is fraudulent.
§ Requires clerks to post a warning sign visible to the
public that it is a crime to intentionally or knowingly file a
fraudulent court record or instrument.
§ Sets out the procedure for filing a motion for judicial
review of a document purporting to create a judgment lien or a
lien or claim on real or personal property.
§ Requires the court's conclusion of law and finding of
fact to be filed in the same class of records as the original
document. If the purported lien or other claim is one that is
authorized by law to be filed with the secretary of state, a certified
copy of the finding of fact and conclusion of law may be filed
with the secretary of state.
§ Provides that a county or district clerk or a person against
whom a claim or lien is asserted in a recorded document may seek
judicial review of a recorded document to determine whether that
document is fraudulent.
§ Sets out the procedure for filing a motion for judicial
review.
§ Requires a court order granting relief from a fraudulent
document to be recorded in the same manner as the original document.
§ Requires the court to award a prevailing party all costs
and related expenses of bringing or defending against the action.
§ Adopts the Uniform Transfer on Death Security Registration
Act.
§ Raises the age of elective exemption from jury service
for elderly persons from over 65 years to over 70 years of age.
§ Amends the Durable Power of Attorney Act in the Probate
Code.
§ Provides that if a person (principal) executes a durable
power of attorney (POA) appointing his or her spouse as an attorney
in fact or agent, the POA terminates on the date a court grants
a divorce or an annulment of the marriage.
§ Provides that, as to a POA appointing a spouse as an attorney
in fact or agent, a divorce or annulment of the marriage does
not revoke or terminate the agency as to a person, other than
the principal's former spouse, who acts in good faith in reliance
on the POA.
§ Allows a principal to make special instructions granting
an agent or attorney in fact the power to apply the principal's
property to make gifts.
§ Defines disability or incapacity for the purposes of the
POA, if not defined in the POA, as certification by a physician,
at a date later than the date that the POA was executed, that,
based upon the physician's medical examination of the principal,
the principal is mentally incapable of managing his or her financial
affairs. Authorizes a physician making the examination to disclose
the principal's physical or mental condition to a third person
for the purposes of the POA.
§ Includes management and supervision of a mineral estate
in the POA relating to real property.
§ Provides for a civil penalty of not more than $10,000
per violation, not to exceed a total of $100,000, if the consumer
protection division of the Attorney General's Office determines
that the deceptive act or practice was calculated to acquire money
or other property from a consumer who was 65 years of age or older
when the act or practice occurred.
§ Requires the clerk of a district court, statutory county
court, county court at law, or justice of the peace court to collect
a $25 fee from persons who seek to pay a fine, court costs, or
restitution over a period of time.
§ Requires the judges of the Texas Supreme Court, Court
of Criminal Appeals, and courts of appeals to encourage the recruitment
of judicial law clerks and staff attorneys that reflect the state's
gender, racial, and ethnic diversity. Requires the Office of
Court Administration (office) to publish an annual report of the
demographic profile of such clerks and attorneys.
§ Requires the office to annually publish a performance
report regarding the efficiency of state courts. Requires the
office to adopt rules and forms for obtaining information and
administering this requirement.
§ Requires the office to report the aggregate clearance
rate (number of cases disposed of divided by the number of new
cases) for district courts.
§ Sets out reporting requirements for courts of appeals,
the Court of Criminal Appeals, and the Texas Supreme Court concerning
cases filed, cases disposed of, and other information.
§ Creates the Judicial Committee on Information Technology
(committee) to implement the recommendations of the Information
Task Force of the Texas Commission on Judicial Efficiency and
develop programs or standards for the use of computer, voice storage,
and other technology by the courts. Sets out the committee's
membership, members' compensation, and the powers and duties of
the committee.
§ Creates a judicial technology account in the judicial
fund administered by the committee to provide technological support
to the judiciary as approved by the committee. This account may
be supplemented by local or federal money, or private or public
grants.
§ Requires the committee to file an annual report with the
Legislative Budget Board regarding disbursements from this account.
§ Provides that provisions barring a governmental entity
from imposing a charge for access to information in an electronic
medium do not apply to the collection of a fee set by the Texas
Supreme Court, after consultation with the committee, for use
of a computerized electronic judicial information system.
§ Amends the Texas Constitution, which requires the Texas
Supreme Court to sit at the seat of government, to grant the court
the discretion to sit at any other location. Ballot Date:
November 4, 1997.
§ Proposes a constitutional amendment to allow a person
to hold the position of municipal court judge in more than one
municipality. Ballot Date: November 4, 1997.
§ Authorizes a court to grant a bill of review of a court
order or judgment in a civil case only if the applicant meets
certain criteria.
§ Sets forth regulations regarding the time period in which
the applicant must apply for a bill of review, the venue, and
the contents of the application.
§ Provides that any party affected by a court order or judgment
that is the subject of an application for a bill of review is
a necessary party to the action.
§ Expands the definition of "charitable organization"
under the Charitable Immunity and Liability Act of 1987 to include
neighborhood crime prevention or patrol organizations.
§ Expands the definition of notice under the criminal trespass
law to include the placement of purple marks, meeting certain
size and location requirements, on trees or posts.
§ Provides that such marks do not constitute notice unless
there is a sign meeting certain size and lettering requirements
placed at each entrance for vehicles to the property stating that
the presence of such marks indicates entry is forbidden. This
provision expires September 1, 1998.
§ Extends the laws regarding barratry (solicitation of employment)
to chiropractors, physicians, surgeons, private investigators,
or any other person licensed, certified, or registered by a state
agency that regulates a health care profession.
§ Provides for the enforcement, by the Office of the Attorney
General, upon authorization by the Commission on Human Rights
(commission), of certain laws prohibiting employment discrimination.
§ Requires the attorney general to review the commission's
request and determine, within 20 days, if the commission's reasonable
cause findings are well-grounded in fact and warranted by law.
§ Requires the attorney general to commence legal action
within 30 days if the commission's reasonable cause findings are
well-grounded in fact and warranted by law.
§ Authorizes the commission to overrule an attorney general
decision not to commence legal action, in which case the attorney
general must file suit within 30 days of the commission's decision
to overrule, or authorize the commission to retain outside legal
counsel.
§ Requires an individual who is an advocate for survivors
of sexual assault to have completed a certified sexual assault
training program and to be employed by a sexual assault program;
or to provide services through a sexual assault program as a volunteer
supervised by an advocate.
§ Provides that communications and records on the communications
between an advocate for survivors of sexual assault (advocate)
and a survivor of sexual assault made in the course of providing
sexual assault advocacy services are confidential, except in a
court or administrative proceeding if:
§ brought by a survivor against an advocate or a sexual
assault program or in a criminal proceeding or a certification
revocation in which disclosure is relevant to the claims or defense
of the advocate or sexual assault program; or
§ the survivor or a person authorized to act on behalf of
the survivor consents in writing.
§ Makes it a Class C misdemeanor if a person intentionally
or knowingly discloses a confidential communication or record.
Voter Registration Lists - H.B.
2156
§ Deletes the provision allowing only counties with a population
of less than 105,000, in which the municipality with the largest
population is located in more than one county, to contract with
another governmental unit or private person to combine the voter
registration list with the list furnished by the Department of
Public Safety.
§ Simplifies the procedures through which state criminal
court case fees are collected in municipal, justice, county, and
district courts by consolidating the majority of fees into one
charge.
§ Requires a person to pay $5 upon conviction of a felony
or a misdemeanor. Requires the comptroller to deposit these funds
to the credit of the fugitive apprehension account. The account
would be used to pay the cost of apprehending individuals for
whom warrants have been issued.
§ Establishes a fee to cover court costs for special services.
§ Prohibits an attorney, before the conclusion of all aspects
of a criminal matter that gives rise to an attorney's employment,
from making or negotiating an agreement with a client, a prospective
client, or former client that provides the attorney literary or
media rights to a portrayal or account based in substantial part
on information relating to the representation.
§ Provides that a person commits an offense if, while acting
as an attorney, the person agrees to accept, as compensation for
legal advice provided by the person in a criminal matter, the
right to publish, in print, film or otherwise, the account of
a crime or the events associated with a crime.
§ Allows a person, including the crime victim or the estate
of a crime victim, to bring suit against an attorney whose violation
of attorney's compensation provisions results in damages incurred
by the person bringing the suit.
§ Entitles a person to recover actual damages caused to
the person exemplary damages in an amount determined by the court;
reasonable attorney's fees; and court costs.
§ Provides that an administrative, civil, or criminal action
brought against an attorney based on a violation of attorney's
compensation provisions does not limit or restrict another action
against the attorney by the same or another person.
§ Provides that in a county with more than five district
courts, a district court judge who serves as a local administrative
court judge is entitled to an annual salary that is $5,000 more
than the salary from the state.
§ Effective January 1, 1998, certain statutory county court
judges shall be paid a total salary annual salary amount set
by the commissioners court that is at least equal to an amount
that is $4,000 (currently, $1,000) less than the total annual
salary received by a district judge in that county.
§ Exempts counties from this salary requirement if the county
begins collecting certain additional fees and costs and the judge's
salary meets certain requirements.
§ Increases from $25,000 to $30,000 the amount the state
shall annually compensate counties collecting certain additional
fees and costs for certain statutory county court judges.
§ Increases from $30 to $40 the amount the state comptroller
shall credit of certain fees deposited in the state judicial fund
by a county.
§ Increases from $30 to $40 the amount a statutory county
clerk shall collect as a civil case filing fee to be used for
court-related purposes for the support of the judiciary.
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