2005 Texas Government Code CHAPTER 23. GENERAL PROVISIONS FOR TRIAL COURTS

GOVERNMENT CODE

CHAPTER 23. GENERAL PROVISIONS FOR TRIAL COURTS

SUBCHAPTER A. JURISDICTION


	§ 23.001. JUVENILE JURISDICTION.  Each district court, 
county court, and statutory county court exercising any of the 
constitutional jurisdiction of either a county court or a district 
court has jurisdiction over juvenile matters and may be designated 
a juvenile court.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1993, 73rd Leg., ch. 168, § 5, eff. Aug. 30, 1993.

SUBCHAPTER B. PRIORITY IN SETTING HEARINGS AND TRIALS


	§ 23.101. PRIMARY PRIORITIES.  (a) The trial courts of 
this state shall regularly and frequently set hearings and trials 
of pending matters, giving preference to hearings and trials of the 
following:
		(1)  temporary injunctions;                                                   
		(2)  criminal actions, with the following actions given 
preference over other criminal actions:
			(A)  criminal actions against defendants who are 
detained in jail pending trial;
			(B)  criminal actions involving a charge that a 
person committed an act of family violence, as defined by Section 
71.004, Family Code;  and
			(C)  an offense under:                                                       
				(i)  Section 21.11, Penal Code;                                             
				(ii)  Chapter 22, Penal Code, if the victim 
of the alleged offense is younger than 17 years of age;
				(iii)  Section 25.02, Penal Code, if the 
victim of the alleged offense is younger than 17 years of age;  or
				(iv)  Section 25.06, Penal Code;                                            
		(3)  election contests and suits under the Election 
Code;                   
		(4)  orders for the protection of the family under 
Subtitle B, Title 4, Family Code;
		(5)  appeals of final rulings and decisions of the 
division of workers' compensation of the Texas Department of 
Insurance regarding workers' compensation claims and claims under 
the Federal Employers' Liability Act  and the Jones Act;
		(6)  appeals of final orders of the commissioner of the 
General Land Office under Section 51.3021, Natural Resources Code;  
and
		(7)  actions in which the claimant has been diagnosed 
with malignant mesothelioma, other malignant asbestos-related 
cancer, malignant silica-related cancer, or acute silicosis.
	(b)  Insofar as practicable, the trial courts shall observe 
the preference provided by Subsection (a) in ruling on, hearing, 
and trying the matters pending before the courts.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 1037, § 1, eff. Aug. 31, 1987;  Acts 
1989, 71st Leg., ch. 614, § 22, eff. Sept. 1, 1989;  Acts 1989, 
71st Leg., ch. 739, § 32, eff. Sept. 1, 1989;  Acts 1989, 71st 
Leg., ch. 755, § 3, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., 2nd 
C.S., ch. 1, § 15.01, eff. Jan. 1, 1991;  Acts 1991, 72nd Leg., 
ch. 465, § 4, eff. June 11, 1991;  Acts 1995, 74th Leg., ch. 67, 
§ 3, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1279, § 1, 
eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1276, § 9.001(a), 
eff. Sept. 1, 2003;  Acts 2005, 79th Leg., ch. 97, § 7, eff. Sept. 
1, 2005;  Acts 2005, 79th Leg., ch. 265, § 6.001, eff. Sept. 1, 
2005.


	§ 23.102. SECONDARY PRIORITIES.  A matter not included in 
Section 23.101 shall be set at the discretion of the trial court in 
which the matter is pending, observing the following priorities:
		(1)  precedence should be given to matters where delay 
will cause physical or economic injury to either the parties or the 
public;
		(2)  matters involving substantial substantive or 
constitutional rights should take precedence over matters 
involving permits, licenses, or privileges;
		(3)  precedence should be given matters involving 
important issues that greatly concern the public or materially 
affect the public welfare;  and
		(4)  precedence should be given matters involving 
complete restoration of a ward's capacity or modification of a 
ward's guardianship.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1999, 76th Leg., ch. 829, § 1, eff. Sept. 1, 1999.


	§ 23.103. EFFECT ON OTHER LAWS.  Sections 23.101 and 
23.102 do not affect a statute directing a specific court to give 
preference to cases involving that court's criminal jurisdiction, 
family law jurisdiction, or other specified jurisdiction.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    

SUBCHAPTER C. UNIFORM JURY HANDBOOK


	§ 23.201. DEFINITION.  In this subchapter, "state bar" 
means the State Bar of Texas.

Added by Acts 1993, 73rd Leg., ch. 833, § 1, eff. Jan. 1, 1994.            


	§ 23.202. UNIFORM JURY HANDBOOK;  CONTENTS.  (a) The 
state bar shall publish a uniform jury handbook that:
		(1)  informs jurors in lay terminology of the duties 
and responsibilities of a juror;
		(2)  explains basic trial procedures and legal 
terminology;  and            
		(3)  provides other practical information relating to 
jury service.         
	(b)  The state bar shall review and update the uniform jury 
handbook annually.  A Spanish language version of the handbook 
shall be published and made available.

Added by Acts 1993, 73rd Leg., ch. 833, § 1, eff. Jan. 1, 1994.            


	§ 23.203. DISTRIBUTION OF HANDBOOK.  (a) The state bar 
shall distribute copies of the uniform jury handbook to each trial 
court of this state in sufficient numbers to meet the requirements 
of this subchapter.
	(b)  The clerk of a trial court shall provide each juror in a 
civil or criminal case with a copy of the uniform jury handbook.  
The juror shall read the handbook before the juror begins jury 
service.
	(c)  The handbook is a public document.  The state bar or a 
trial court may distribute the handbook to promote the public's 
understanding of jury service.

Added by Acts 1993, 73rd Leg., ch. 833, § 1, eff. Jan. 1, 1994.            


	§ 23.204. CONFLICT WITH INSTRUCTION OR CHARGE.  If a 
provision of the uniform jury handbook is in conflict with an 
instruction or charge of a trial judge in a case, the instruction or 
charge supersedes the provision of the handbook.

Added by Acts 1993, 73rd Leg., ch. 833, § 1, eff. Jan. 1, 1994.