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TJCTC Updates 1.16.2026

We made it half-way through January!

Whew! The first month of this year is already flying by at a fast and furious pace! This edition of Updates includes more important information about updates to eviction cases, TJCTC Deskbook and material updates, the CPPC exam, and upcoming webinars (including one scheduled for today!).

TJCTC will be closed on Monday, January 9th in observance of Martin Luther King Jr. Day and will re-open on Tuesday. We hope you enjoy your long weekend if you also have the day off (or if you don’t, a quiet office).

Eviction Updates & New Texas Rules of Civil Procedure in Effect and Open for Comment

All eviction cases filed on or after January 1, 2026, will follow the new statutes and Rules that went into effect January 1. This means that courts may have a few confusing weeks where both the old law and new law apply to different cases. Luckily, because of the quick timelines in evictions, this issue should not be a problem for long. 

In late November, the Texas Supreme Court released their updates to the Rules, including to Part V that applies to justice courts. The Court then updated their proposed Rules again late yesterday. This version of the Rules went into effect on January 1, 2026, but could change again after the Court reviews the public comments. 

TJCTC has been incorporating Rule changes into our materials and classes, but please click the button below to review the changes yourself as well. Comments regarding the amendments should be submitted in writing to rulescomments@txcourts.gov by February 1, 2026.

Read the Summary of the Rules Changes
Review the New Rules

Updated Materials Now Online!

Hopefully you have already noticed, but the following Deskbooks have been updated recently:

  • Administrative Proceedings Deskbook
  • Civil Deskbook
  • Criminal Deskbook 
  • Evictions Deskbook
  • Inquests Deskbook 
  • Juvenile Deskbook
  • Recordkeeping & Reporting Deskbook 
  • Trial Notebook
  • Practical Guide to Writs of Execution

The rest are coming soon! 

Note, many forms, charts, and checklists have also been updated and will continue to be updated over the coming weeks as-needed.

 Look for updates to the self-paced modules to start rolling out next month.

Visit TJCTC’s Website

Civil Process Proficiency Certification Exam 

The Civil Process Proficiency Certification Exam will re-open for registration starting February 1, 2026.

You can find more information about the exam on the TJCTC website by clicking the button below.

Learn More

TJCTC Webinars

SB38, Evictions, and Federally Subsidized Housing; Information and Resources for JPs and Constables

February 26th from 10:00 – 11:30 a.m.

Join Nelson H. Mock, Managing Attorney for Texas RioGrande Legal Aid, for a presentation that will provide an overview of the recently amended Chapter 24 of the Texas Property Code, discuss changes to the eviction process, and offer an introduction to federally subsidized housing, including public housing, project-based section 8 (PBS8) apartments, Section 8 vouchers, and Low-Income Housing Tax Credit (LIHTC) properties.

Registration link: https://txstate.zoom.us/webinar/register/WN_xvt0C0jNS0qra7QJ0GHsPA#/registration

Texas State Bar Justice Court Section Webinar

Making Sense of AI Technology in Justice Courts

January 16th from noon – 1:00 p.m. TODAY!!

Join the Texas State Bar Justice Court Section for a webinar this month as Heath Morgan, Partner, Martin Golden Lyons Watts Morgan and Lizbeth Parra Davila, Practicing Faculty, St. Mary’s University School of Law presents Making Sense of AI Technology in Justice Courts. This session will offer 1 hour MCLE credit, including .5 ethics credit. After registering, you will receive a confirmation email with a link to join the webinar.

Course Description: Generative AI is changing how legal work gets done and understanding what it can (and can’t) do is half the battle. This session will concentrate on safely and effectively adopting this new technology, both now and in the future. Learn the pros, cons, and necessary safeguards of using Generative AI in the Justice Courts.

Registration link: https://us06web.zoom.us/meeting/register/4MWungBOTci4Qvxrg1U8Tg#/registration

www.tjctc.org

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TJCTC Updates 1.1.2026

Happy New Year!

We have several new updates that we want to remind you of. One major update occurred late yesterday afternoon: The Texas Supreme Court made additional updates to Part V of the Rules of Civil Procedure, in particular Rule 510 that governs evictions cases. These updates went into effect today, and will apply to any case filed today or after (until the final Rules go into effect – which could bring more changes).

Our general counsel, Bronson Tucker, has put together a summary of the changes for our courts. Our entire legal team is also putting in additional hours over the holiday to update the forms, charts, and checklists that we were in the process of uploading when these changes came to our attention. Please be patient, as we are going to get these posted as soon as we can in the order that they are most needed.

Read the Summary of the Rules Changes

New Texas Rules of Civil Procedure in Effect and Open for Comment

In late November, the Texas Supreme Court released their updates to the Rules, including to Part V that applies to justice courts. The Court then updated their proposed Rules again late yesterday. This version of the Rules went into effect, this morning, on January 1, 2026, but could change again after the Court reviews the public comments. 

TJCTC will be incorporating Rule changes into our materials and classes, but please click the button below to review the changes yourself as well. Comments regarding the amendments should be submitted in writing to rulescomments@txcourts.gov by February 1, 2026.

Review the New Rules

Civil Process Proficiency Certification Exam 

The Civil Process Proficiency Certification Exam will re-open for registration starting February 1, 2026.

You can find more information about the exam on the TJCTC website by clicking the button below.

Learn More

TJCTC Webinars

Important Considerations for JPs: Dynamics of Family Violence and Updates from the 89th Legislative Session

January 8th from 1:00 – 3:00 p.m.

Join the Texas Council on Family Violence for an in-depth look at the dynamics of family violence and an overview of important updates from the 89th legislative session. Presenters will discuss how family violence may appear in the courtroom and offer guidance on how JPs can respond to family violence. The presenters will also provide an overview of new laws that intersect with survivors of family violence and provide insight on supporting implementation of new laws designed to foster safety and stability for survivors.

Click here to register.

Texas State Bar Justice Court Section Webinar

Making Sense of AI Technology in Justice Courts

January 16th from noon – 1:00 p.m.

Join the Texas State Bar Justice Court Section for a webinar this month as Heath Morgan, Partner, Martin Golden Lyons Watts Morgan and Lizbeth Parra Davila, Practicing Faculty, St. Mary’s University School of Law presents Making Sense of AI Technology in Justice Courts. This session will offer 1 hour MCLE credit, including .5 ethics credit. After registering, you will receive a confirmation email with a link to join the webinar.

Course Description: Generative AI is changing how legal work gets done and understanding what it can (and can’t) do is half the battle. This session will concentrate on safely and effectively adopting this new technology, both now and in the future. Learn the pros, cons, and necessary safeguards of using Generative AI in the Justice Courts.

Click here to register.

www.tjctc.org
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TJCTC Updates 12.5.2025

FY2026 Programs Underway

We had our first in-person program for this academic year earlier this week in Galveston. It was a treat to see a packed room full of judges ready to learn, and we can’t wait to welcome the New Judges next week in Bee Cave. While we love the ability to connect with y’all online, connecting in person is the best! In this edition of Updates you will find important updates to the Texas Rules of Civil Procedure, an update about the CPPC exam, a frequently asked legal question, and links to register for upcoming webinars.

Texas in the News for Fatal Truck Crashes

Judges, court staff, and law enforcement often see violations by CDL holders in the courtroom and on Texas roads. A recent article talked  about the importance of safe driving and how truck traffic and crashes are on the rise in Texas. Read the article from the Texas Tribute on their website: https://www.texastribune.org/2025/11/12/texas-leads-in-fatal-truck-crashes-as-safety-enforcement-plummets/

New Texas Rules of Civil Procedure Open for Comment

In late November, the Texas Supreme Court released their updates to the Rules, including to Part V that applies to justice courts. This version of the Rules will go into effect on January 1, 2026, but could change again after the Court reviews the public comments.  TJCTC will be incorporating Rule changes into our materials and classes, but please click the button below to review the changes yourself as well. Comments regarding the amendments should be submitted in writing to rulescomments@txcourts.gov by February 1, 2026.

Review the New Rules

Civil Process Proficiency Certification Exam 

The Civil Process Proficiency Certification Exam will re-open for registration in the new year. As many legislative changes are going into effect in January, to avoid any confusion, TJCTC has decided to postpone the taking of the exam until 2026.  You can find more information about the exam on the TJCTC website by clicking the button below.

Learn More

TJCTC Webinars

TAA Lease & Forms Update 2026

December 17 from 10:00 – 11:00 a.m.

Join TJCTC General Counsel Bronson Tucker, TAA Vice President and General Counsel Sandy Hoy, and attorney Howard Bookstaff for a discussion of the Texas Apartment Association’s lease and form updates for 2026 in light of the passage of SB 38.

Click here to register.

Important Considerations for JPs: Dynamics of Family Violence and Updates from the 89th Legislative Session

January 8th from 1:00 – 3:00 p.m.

Join the Texas Council on Family Violence for an in-depth look at the dynamics of family violence and an overview of important updates from the 89th legislative session. Presenters will discuss how family violence may appear in the courtroom and offer guidance on how JPs can respond to family violence. The presenters will also provide an overview of new laws that intersect with survivors of family violence and provide insight on supporting implementation of new laws designed to foster safety and stability for survivors.

Click here to register.

Legal Question of the Month

A frequent question regarding Occupational Driver’s Licenses is whether an SR-22 is required for the court to issue an order granting an ODL.

If the applicant is otherwise required to have an SR-22 by DPS, then they will need to provide that to the court as their evidence of financial responsibility. If they are not required to have an SR-22, then it is not a requirement for the ODL and they can just provide the standard proof of insurance. An SR-22 can be required for various reasons, such as when an applicant’s driving privilege has been suspended due to a car crash, they have received a second or subsequent conviction for No Motor Vehicle Liability Insurance, or a civil judgment has been filed against them. A court can usually determine whether an applicant is required to have an SR-22 by looking at the applicant’s driving record or the applicant’s information on the DPS License Eligibility website.  

We are aware that some people have heard from DPS that an SR-22 is always required to get an ODL. It is also listed as always being a requirement on certain forms and websites. There is not, however, any statutory authority for this. TJCTC’s recommendation is to only require an SR-22 before granting an ODL if the person is otherwise required to have the SR-22. If they are not, the court does not have the authority to require it. Instead, it will be between the applicant and DPS if DPS is improperly requiring it before issuing the actual license (though it is fine to let the applicant know that DPS may require this). Also note that some judges have reported that while DPS may say an SR-22 is always required, they have sent many orders to DPS without an SR-22 (when it was not otherwise required) and have never had a problem.

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TJCTC Updates 11.10.2025

Legal Updates for Judges

This edition of Updates is heavily focused on updates that will impact justices of the peace, but don’t forget to scroll down for some upcoming TJCTC webinars!

New Comment on Rules of Judicial Conduct

Over the past couple of weeks there have been many news articles about a recent comment on the Rules of Judicial Conduct related to the performance of marriage. Note that some of the news articles didn’t report this in detail, and we want to make sure that justices of the peace have all of the information

The comment states, “It is not a violation of these canons for a judge to publicly refrain from performing a wedding ceremony based upon a sincerely held religious belief.”

Note, this comment only applies to the sanctioning by the Commission on Judicial Conduct, and not to any other potential liability for refusing to marry a couple including a potential lawsuit. This means that while a judge who refuses to marry a couple based on their sincerely held religious belief will not be sanctioned by the Commission, they could still be sued if the couple believes that the action was discriminatory.

Obergefell v. Hodges, the U.S. Supreme Court case allowing same-sex marriage is still good law, and as recently as last week, the U.S. Supreme Court declined to reexamine the issue in a recent case. 

The most cautious advice is to continue to only perform marriages to all that request them or not perform marriages at all. 

Read the Comment
Read More About Obergefell v. Hodges

Propositions Pass

All 17 state-wide propositions on the election ballot this week in Texas passed. What does this mean for justice courts? 

The biggest impact on justice courts will be the passage of Proposition 5. It allows for SJR 5 to go into effect, related to magistration.

In summary, SJR 5 authorized a constitutional amendment allowing a magistrate to deny bail for additional violent felony offenses. It requires the state to demonstrate in these cases that bail is insufficient to either prevent the defendant’s willful non-appearance in court or reasonably ensure the safety of the victim, the community, and law enforcement. 

Look for more information soon about effective dates and details regarding this constitutional amendment.

Read SJR 5

Attorney General Opinion

KP-0501

Question: Can a judge prohibit the carrying of concealed firearms in courtrooms by the District Attorney and Assistant District Attorneys.

Opinion: While the judiciary possesses broad authority over court-rooms, that authority does not license a categorical prohibition on lawful forms of concealed carry by individuals—like district attorneys and their assistants—who are expressly exempted from Texas Penal Code sections 46.02 and 46.03.

What does this mean for justice courts?

While it is important for the judge and bailiff to know who in the courtroom has a weapon for court security purposes, the court cannot prohibit prosecutors and other similar individuals from carrying a weapon in the courtroom. This opinion is a great reminder to include prosecutors and other individuals who are routinely appearing in your court in court security planning to make sure the court security officers and bailiffs can be as prepared as possible if safety becomes an issue.

Read the Opinion

Caselaw Update

State v. Chavez

No. 03-25-00124-CR, Texas Third Court of Appeals, Austin

Issue:  Is a blood search warrant invalid because there was no oath or affirmation verbally administered? Does the good-faith exception in CCP Art. 38.23(b) applicable to allow the evidence to be admissible anyway?

Holding: The warrant is invalid, and the good-faith exception does not apply, because it requires objective rather than subjected reliance on the search warrant by the officer. The Court found that any reasonable officer would have known that the warrant was invalid if no oath or affirmation was given and the affidavit was not sworn. Telling an officer where to sign is not the same thing as placing them under oath.

What does this mean for Justice Courts and Law Enforcement?

Judges should be careful to always place an officer under oath before having them sign a probable cause affidavit, and officers should remind the judge of the requirement if necessary. Blood search warrants are so common in Texas today, and the requirements are not overly complicated, so the Courts will likely expect judges and law enforcement to be familiar with the procedural requirements in the future. 

Read the Case
Read More About Search Warrants in the Magistration Deskbook

TJCTC Webinars

TAA Lease & Forms Update 2026

December 17 from 10:00 – 11:00 a.m.

Join TJCTC General Counsel Bronson Tucker, TAA Vice President and General Counsel Sandy Hoy, and attorney Howard Bookstaff for a discussion of the Texas Apartment Association’s lease and form updates for 2026 in light of the passage of SB 38.

Click here to register.

Important Considerations for JPs: Dynamics of Family Violence and Updates from the 89th Legislative Session

January 8th from 1:00 – 3:00 p.m.

Join the Texas Council on Family Violence for an in-depth look at the dynamics of family violence and an overview of important updates from the 89th legislative session. Presenters will discuss how family violence may appear in the courtroom and offer guidance on how JPs can respond to family violence. The presenters will also provide an overview of new laws that intersect with survivors of family violence and provide insight on supporting implementation of new laws designed to foster safety and stability for survivors.

Click here to register.

www.tjctc.org

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TJCTC Updates 10.28.2025

Educational Opportunities and Legislative Updates

This edition of Updates includes a special Constable’s Corner and training opportunities, including registration information for TJCTC’s upcoming Justice of the Peace Evictions Workshop this fall and the final webinar in a series of webinars from the Texas State Bar about legislative updates. 

We also included some information about an exciting NCSC project that could be really helpful for rural courts.

NCSC Legal Deserts Problem-Solving Project

Is your county a legal desert (a rural area where there isn’t enough legal help for those who need it)? Your court may be the perfect candidate for this new NCSC project providing support and resources to partner courts to help solve problems related to the lack of legal resources.

Don’t wait, look at the website now, because the priority application deadline is November 3, 2025!

Learn More and Apply

Constable’s Corner

TCOLE Training Requirement Reminder

In addition to the continuing basic requirements for a licensed peace officer, constables and their deputies require additional training each 4-year TCOLE cycle including training from LEMIT and TJCTC.

Constable-Specific

Newly Elected Constables:
Must complete Newly Elected Constable training (#3742 – does not include any
ALERRT training hours) thru LEMIT within 2 years of first appointment as Constable.

Constable Continuing Education:
Must complete Continuing Education for Constables (#3743) thru LEMIT each 4-
year training cycle thereafter. The course includes 8 hours of ALERRT training. You
will be required to complete an additional 8 hours of ALERRT training to meet the
16-hour legislative requirement.

Civil Process:
Must complete Civil Process (#1415) through the Justices of the Peace and
Constables of Texas (JPCA) from the Texas Justice Court Training Center (TJCTC)
at Texas State University each 4-year training cycle.

To see the full list of training required for peace officers, including constables and deputies, review THE BRIEFING from TCOLE that came out this October.

HB 5081 Confidential Information for Judges & Court Staff Online

HB 5081 amended the Government Code Chapter 92 to protect the information of “At-Risk Individuals” (which includes judges, clerks, and employees of courts) on public websites. The legislature passed this bill to help protect the privacy and safety of those that run our courts. 

To learn more, read the bill online or review the slides on the TJCTC Legislative Updates Page.

Judges, Don’t Miss the Evictions Workshop this Fall!

This judge’s-only workshop will cover all of the new changes to the evictions laws as well as include interactive scenarios about how they will be implemented when they go into effect January 1, 2026.

November 12-14, 2025 via Zoom

Don’t worry, there will be additional workshops and classes for court personnel and constables next spring and summer.

Register Here: Justice of the Peace Virtual Evictions Workshop

State Bar Justice Court Section Webinar

Justice Court Section Legislative Update Part III: All Other Topics

Friday, November 7, 2025, Noon – 1:00 pm CDT

1 Hour MCLE Credit

This final webinar in the series will cover a variety of bills from the most recent legislative session, excluding SB 38 and SB 1333, which were covered in earlier sessions.

Presenter: Rebecca Glisan, TJCTC Director of Curriculum & Staff Attorney

This webinar is welcome to anyone who wants to join!

 Note, this webinar is sponsored by the Texas State Bar Justice Court Section and is not an official TJCTC webinar. 

Register for the Webinar
www.tjctc.org
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TJCTC Updates 10.16.2025

Training, Legislative Updates, and a New Tobacco Awareness Program

This edition of Updates includes lots of training opportunities, including registration information for TJCTC’s upcoming Justice of the Peace Evictions Workshop this fall and a great series of webinars from the Texas State Bar about legislative updates. 

Don’t forget to read all the way to the bottom to see this week’s Legal Question of the Week and get access to a new, improved E-Cigarette and Tobacco Awareness Program for your courts!

HB 1306 Benefits for JPs

House Bill 1306 amended several code sections to add Death Investigation Professionals (JPs, Medical Examiners, and death investigators) to the list of people who can receive benefits if exposed to contagious diseases.

In addition, the same Death Investigation Professionals were added to code provisions providing medical, survivor, and Worker’s Compensation benefits if they arise from injury or death while executing their duties. 

Click the button below to review the bill.

HB 1306

Important E-Cigarette and Tobacco Awareness Program Update

Recently, the Texas Department of State Health Services (DSHS) partnered with the Texas School Safety Center at Texas State University to develop and release a new, free, online, self-paced E-Cigarette and Tobacco Awareness Program (ETAP) course.

This program replaces the former Texas Youth Tobacco Awareness Program (TYTAP). 

This new program (ETAP) is the only Texas Department of State Health Services-approved e-cigarette and tobacco awareness program to meet the requirements of Health and Safety Code Section 161.253.

ETAP offers (2) separate online tracks that are available statewide and at no cost to users. Those courses include:

ETAP Referral Course: This course is intended for individuals under age 21 who are cited for possession of tobacco products, including e-cigarettes (vapes), and are referred by the courts or their school. It also provides young Texans with the information and skills necessary to quit and avoid tobacco products in the future. Schools and educators are also encouraged to use the ETAP Referral Course as an alternative to school suspension or Disciplinary Alternative Education Program.

ETAP Prevention Course: This course is designed for young Texans in grades 6-12 who are interested in learning about the harmful health effects of e-cigarettes and other tobacco products, tobacco industry marketing to young people, and how young people can build a vape free, tobacco free culture in their school. Schools and educators are encouraged to promote the ETAP Prevention Course as a way for students to receive awareness education regarding the harmful effects of tobacco use and vaping.

For questions about the course specifically, please reach out to tobacco.free@dshs.texas.gov.

Learn More About ETAP
Read the Press Release About ETAP

FY2026 Registration 

Did you know that registration has already started for (some) FY26 Academic Year Conferences and Workshops??

Registration will open at 8:00 am (Please don’t wake up at midnight…you will be disappointed!) on the following dates:

Justices of the Peace – Open Now!!! Some programs are already full.

Court Personnel – Open Now!!! Programs are full, but some waitlists are open.

Constables & Deputies – October 21, 2025

*Note: Only court personnel notified by TJCTC are eligible for early registration. This registration is for court personnel who were unable to attend a conference last year. If anyone who is not eligible registers, they will be removed from the registration list and may not get a slot during regular registration.

Click the buttons below to see the agendas, dates, and locations of programs.

Justices of the Peace
Court Personnel
Constables & Deputies

Highlight on Evictions & Landlord/Tenant Issues

All conferences this year will feature sessions about evictions and landlord/tenant issues and will be updated with all of the new legislative changes.

There will also be special programming exclusively on these topics. One example is the workshop for justices of the peace:

Justice of the Peace Virtual Evictions Workshop – November 12 – 14, 2025 via Zoom

Legal Question of the Week

Question: If a defendant e-files an inability to pay appeal affidavit, say, on a Thursday, and for various reasons – efile could be down, computer system crashed, etc. – and the court doesn’t get to it until the following Monday, what would be the guiding state in regards to payment into the court registry, the day the party filed it, or the day the court entered it into the case?

Either day would be timely in regards to the appeal, but I want to make sure that when we send the information back to the filer about their registry payment that they have the appropriate time to pay into the registry and not cut them short, but I also want to make sure that we are within the proper time parameters according to the law. Please advise.

Answer: Generally, a document is considered filed when it is submitted through the efile system. In a case like this, when that happens could depend on when the efile system registers it submitted – this would usually be when the filer hit the submit button. If the system was down, it would likely not accept the filing. If there is another issue like the courts computers being down, there is no specific rule or statute allowing the extension of the deadline to pay rent into the registry, other than the general Rule 500.5(c) that allows the court to extend any time period under the Rules except those relating to new trial and appeal for good cause. We believe that the court could consider the issues that you describe to be good cause to extend this deadline. 

The notice for the defendant to pay rent into the registry is required to give the defendant 5 days from the filing of the appeal bond or statement of inability to pay. This means, in this case they would have 5 days from whenever the statement of inability to pay court costs was submitted through efile. In these cases, it is important that the clerk accept these cases and send this notice as soon as possible. 

It may be worth contacting the efile provider to see if there is a possibility of an automatic notice going out upon submission of an appeal in a non-payment of rent eviction case. Note, this might be even more helpful, if it is possible, when the new eviction laws go into effect in January 2026. The requirement of payment of rent into the registry will be extended to all types of eviction cases, not just non-payment. See Legislative Update Materials at https://www.tjctc.org/legislative.html.

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