2005 Texas Government Code CHAPTER 21. GENERAL PROVISIONS

GOVERNMENT CODE

TITLE 2. JUDICIAL BRANCH

SUBTITLE A. COURTS

CHAPTER 21. GENERAL PROVISIONS


	§ 21.001. INHERENT POWER AND DUTY OF COURTS.  (a) A court 
has all powers necessary for the exercise of its jurisdiction and 
the enforcement of its lawful orders, including authority to issue 
the writs and orders necessary or proper in aid of its jurisdiction.
	(b)  A court shall require that proceedings be conducted with 
dignity and in an orderly and expeditious manner and control the 
proceedings so that justice is done.
	(c)  During a court proceeding a judge may not request that a 
person remove an item of religious apparel unless:
		(1)  a party in the proceeding objects to the wearing of 
the apparel;  and  
		(2)  the judge concludes that the wearing of the 
apparel will interfere with:
			(A)  the objecting party's right to a fair 
hearing;  or                    
			(B)  the proper administration of justice;  and                              
		(3)  no reasonable alternative exists under which the 
judge may:            
			(A)  assure a fair hearing;  and                                             
			(B)  protect the fair administration of justice.                             

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1997, 75th Leg., ch. 54, § 1, eff. Sept. 1, 1997.


	§ 21.002. CONTEMPT OF COURT.  (a) Except as provided by 
Subsection (g), a court may punish for contempt.
	(b)  The punishment for contempt of a court other than a 
justice court or municipal court is a fine of not more than $500 or 
confinement in the county jail for not more than six months, or both 
such a fine and confinement in jail.
	(c)  The punishment for contempt of a justice court or 
municipal court is a fine of not more than $100 or confinement in 
the county or city jail for not more than three days, or both such a 
fine and confinement in jail.
	(d)  An officer of a court who is held in contempt by a trial 
court shall, on proper motion filed in the offended court, be 
released on his own personal recognizance pending a determination 
of his guilt or innocence.  The presiding judge of the 
administrative judicial region in which the alleged contempt 
occurred shall assign a judge who is subject to assignment by the 
presiding judge other than the judge of the offended court to 
determine the guilt or innocence of the officer of the court.
	(e)  Except as provided by Subsection (h), this section does 
not affect a court's power to confine a contemner to compel the 
contemner to obey a court order.
	(f)  Article 42.033, Code of Criminal Procedure, and Chapter 
157, Family Code, apply when a person is punished by confinement for 
contempt of court for disobedience of a court order to make periodic 
payments for the support of a child.  Subsection (h) does not apply 
to that person.
	(g)  A court may not punish by contempt an employee or an 
agency or institution of this state for failure to initiate any 
program or to perform a statutory duty related to that program:
		(1)  if the legislature has not specifically and 
adequately funded the program;  or
		(2)  until a reasonable time has passed to allow 
implementation of a program specifically and adequately funded by 
the legislature.
	(h)  Notwithstanding any other law, a person may not be 
confined for contempt of court longer than:
		(1)  18 months, including three or more periods of 
confinement for contempt arising out of the same matter that equal a 
cumulative total of 18 months, if the confinement is for criminal 
contempt;  or
		(2)  the lesser of 18 months or the period from the date 
of confinement to the date the person complies with the court order 
that was the basis of the finding of contempt, if the confinement is 
for civil contempt.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1989, 71st Leg., ch. 2, § 8.44(1), eff. Aug. 28, 1989;  
Acts 1989, 71st Leg., ch. 560, § 1, eff. June 14, 1989;  Acts 
1989, 71st Leg., ch. 646, § 1, eff. Aug. 28, 1989;  Acts 1989, 
71st Leg., 1st C.S., ch. 25, § 34, eff. Nov. 1, 1989;  Acts 1995, 
74th Leg., ch. 262, § 87, eff. Jan. 1, 1996;  Acts 1997, 75th 
Leg., ch. 165, § 7.24, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., 
ch. 1297, § 71(4), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 
425 § 1, eff. June 20, 2003.


	§ 21.004. STATE OF JUDICIARY MESSAGE.  (a) At a 
convenient time at the commencement of each regular session of the 
legislature, the chief justice of the supreme court shall deliver a 
written or oral state of the judiciary message evaluating the 
accessibility of the courts to the citizens of the state and the 
future directions and needs of the courts of the state.
	(b)  It is the intent of the legislature that the state of the 
judiciary message promote better understanding between the 
legislative and judicial branches of government and promote more 
efficient administration of justice in Texas.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1993, 73rd Leg., ch. 129, § 1, eff. Sept. 1, 1993.


	§ 21.005. DISQUALIFICATION.  A judge or a justice of the 
peace may not sit in a case if either of the parties is related to 
him by affinity or consanguinity within the third degree, as 
determined under Chapter 573.

Added by Acts 1987, 70th Leg., ch. 148, § 2.01(a), eff. Sept. 1, 
1987.  Amended by Acts 1991, 72nd Leg., ch. 561, § 21, eff. Aug. 
26, 1991;  Acts 1995, 74th Leg., ch. 76, § 5.95(28), eff. Sept. 
1, 1995.


	§ 21.006. JUDICIAL FUND.  The judicial fund is created in 
a separate fund in the state treasury to be administered by the 
comptroller.  The fund shall be used only for court-related 
purposes for the support of the judicial branch of this state.

Added by Acts 1986, 69th Leg., 2nd C.S., ch. 11, § 1, eff. Sept. 
22, 1986.


	§ 21.007. CHILD SUPPORT AND COURT MANAGEMENT 
ACCOUNT.  (a) The presiding judges of the administrative judicial 
regions shall administer the child support and court management 
account of the judicial fund and may name the committees they 
consider necessary to aid in administering the account.
	(b)  Only the chief justice may call and convene meetings of 
the presiding judges to administer the account.  The presiding 
judges shall act by majority vote.
	(c)  On request of the presiding judges, the Office of Court 
Administration shall assist the presiding judges in administering 
the account.
	(d)  The Office of Court Administration and the presiding 
judges shall file a report with the Legislative Budget Board at the 
end of each fiscal year showing disbursements from the account and 
the purpose for each disbursement.
	(e)  A county commissioners court, statutory county court 
judge, district judge, or court clerk may apply to the presiding 
judges for funds from the account.  After receiving an application, 
the presiding judges may conduct an on-site assessment of the needs 
of the applicant.  Before acting on any other pending applications, 
the presiding judges shall act on applications for funds to employ a 
court master and other judicial employees or to purchase equipment 
necessary to comply with state or federal law relating to the Child 
Support Enforcement Amendments of 1984 (P.L. 98-378).  All funds 
expended are subject to audit by the comptroller of public accounts 
and the state auditor.  Funds shall be allocated among the various 
administrative judicial regions taking into consideration the 
intent of the legislature that the amount of federal funds 
available under the Title IV-D program of the Social Security Act, 
as amended, for the collection and enforcement of child support 
obligations shall be maximized.  The presiding judges are given the 
power to contract with the Office of the Attorney General and local 
political subdivisions as may be necessary to achieve this intent.
	(f)  After approval of an application by the presiding 
judges, the applicant may be directly reimbursed by the comptroller 
from the child support and court management account for expenses 
incurred pursuant to the approved application in accordance with 
this Act.  A person paid from funds drawn on the account is an 
employee of the county, and that person's salary may be 
supplemented from other sources, including local or federal funds 
and public or private grants.  Funds allocated for personnel may not 
be used to pay the salary of a district or statutory county court 
judge.  Funds allocated for personnel may be used to pay in full or 
in part the salary of an employee, to supplement the salary of an 
existing employee, or to hire additional personnel.  The presiding 
judges and the Office of Court Administration shall cooperate with 
any state or federal agency to provide for the fullest possible 
supplementation of the account and shall act as necessary to 
qualify account funds for any federal matching funds or 
reimbursement of funds available under the Title IV-D program 
administered by the attorney general.
	(g)  It is the purpose of this section to increase the funds 
available for the collection and enforcement of child support 
obligations and the administration of justice in each county in 
this state and to provide funding to be used for court-related 
purposes for the support of the judicial branch of this state.  
Funds available from the judicial fund and its special account may 
be supplemented by local or federal funds and private or public 
grants.  A county commissioners court may not reduce the amount of 
funds provided for these purposes because of the availability of 
funds from the judicial fund or the special account.

Added by Acts 1986, 69th Leg., 2nd C.S., ch. 11, § 2, eff. Sept. 
22, 1986.


	§ 21.008. DISTRICT COURT SUPPORT ACCOUNT.  (a) The 
district court support account of the judicial fund is created to be 
administered by the office of court administration as directed by 
the supreme court.
	(b)  The comptroller shall allocate to the district court 
support account such amounts from the judicial fund as may be 
designated in the General Appropriations Act.
	(c)  The district court support account may be used only for 
court-related purposes for the support of the district courts of 
this state to defray the salaries of support personnel and other 
expenses incurred in the operations of the courts, the necessary 
expenses of the administrative judicial regions, and for the 
administration of this section.
	(d)  The State Board of Regional Judges is created to 
administer the funds appropriated to this account and to the child 
support and court management account of the judicial fund created 
by Section 21.007.  The board shall be composed of the nine regional 
administrative judges of the state, who shall have the authority to 
organize, elect officers, and make such rules as may be necessary 
for the proper administration of these accounts.
	(e)  The office of court administration shall file a report 
with the Legislative Budget Board at the end of each fiscal year 
showing disbursements from the account and the purpose for each 
disbursement.  All funds expended are subject to audit by the 
comptroller and the State Auditor.
	(f)  Funds allocated for personnel may be used to pay in full 
or in part the salary of an employee, to supplement the salary of an 
existing employee, or to hire additional personnel.
	(g)  It is the purpose of this section to increase the funds 
available for the administration of justice in each county in this 
state and to provide funding to be used for court-related purposes 
for the support of the judicial branch of this state.  Funds 
available from the judicial fund and its special account may be 
supplemented by local or federal funds and private or public 
grants.  A county commissioners court may not reduce the amount of 
funds provided for these purposes because of the availability of 
funds from the judicial fund or the special account.

Added by Acts 1987, 70th Leg., ch. 674, § 3.01, eff. Aug. 31, 
1987.  Amended by Acts 1989, 71st Leg., ch. 646, § 2, eff. Aug. 
28, 1989.


	§ 21.009. DEFINITIONS.  In this title:                                      
		(1)  "County court" means the court created in each 
county by Article V, Section 15, of the Texas Constitution.
		(2)  "Statutory county court" means a county court 
created by the legislature under Article V, Section 1, of the Texas 
Constitution, including county courts at law, county criminal 
courts, county criminal courts of appeals, and county civil courts 
at law, but does not include statutory probate courts as defined by 
Section 3, Texas Probate Code.
		(3)  "County judge" means the judge of the county 
court.                    
		(4)  "Statutory probate court" has the meaning assigned 
by Section 3, Texas Probate Code.

Added by Acts 1987, 70th Leg., ch. 148, § 2.02, eff. Sept. 1, 
1987.  Renumbered from V.T.C.A., Government Code § 21.008 by 
Acts 1989, 71st Leg., ch. 2, § 16.01(18), eff. Aug. 28,1989.  
Amended by Acts 1991, 72nd Leg., ch. 394, § 1, eff. Aug. 26, 
1991;  Acts 1991, 72nd Leg., ch. 746, § 1, eff. Oct. 1, 1991;  
Acts 1999, 76th Leg., ch. 431, § 1, eff. Sept. 1, 1999.