Tag: landlord/tenant

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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.

www.tjctc.org
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Updates 2.14.2025

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Hello

We are excited to be back in the swing of things at conferences around the state! Don’t forget, this might slow down the legal board or legal call response time if staff is traveling to or teaching at a program.

This round of Updates includes some important legal announcements and links to sign up for several training opportunities, so make sure to scroll all the way to the bottom.

Don’t forget! Every court should have (as of January 1, 2025) a Juvenile/Youth Diversion Plan available for public inspection. For more resources, information, and help with this topic, please see a special post on this blog, The Docket.

Legal Question of the Week

Question: I sent a request to a Health Care Provider for records of a deceased using the form provided on your website. The provider uses an outside company to manage their records. I received a reply that I had to provide an attestation form under the Reproductive Health Care Privacy Final Rule before I can receive the records. Is this proper and, if so, what do I need to attest. Thanks,

Answer: Information on this Rule is found here: https://www.hhs.gov/hipaa/for-professionals/special-topics/reproductive-health/final-rule-fact-sheet/index.html It seems like an attestation is not necessary, since the records aren’t being sought to investigate lawfulness of reproductive health care. However, you certainly can sign an attestation that you are not seeking the information for any prohibited purposes, since you are not, and that may be easier than arguing about the need. A model form may be found here: https://www.hhs.gov/sites/default/files/model-attestation.pdf 

Upcoming Webinars

When Evictions Met AirBNB: A Conversation

February 27th from 2:00 – 3:00 pm

This webinar will feature a justice of the peace and constable discussing issues around short-term vacation rentals, tenants vs. lodgers, property owners’ rights, and more.

Registration Link: https://txstate.zoom.us/webinar/register/WN_JjFkV1wLSqKA4bMj32fjsA#/registration

Restorative Justice Pathways for Juvenile Offenses

March 14th from 2:00 pm – 4:00 pm

Explore the critical intersection of emotional hygiene, shame, and juvenile behavior in our powerful session. Discover effective restorative justice strategies designed to promote healing, accountability, and meaningful community involvement within the juvenile justice system. Join us to unlock the power of restorative justice!

Registration Link: https://txstate.zoom.us/webinar/register/WN_3YYucvTYS_C3ZTEKKMh_bQ#/registration

Law & Literature Webinar

April 10th from 2:00 – 3:00 pm

Do you want to get paid to be part of a book club?  Join TJCTC’s webinar to discuss the book “Maid” that intersects the art of storytelling and the legal field.

Judge Brad Cummings from Hopkins County and TJCTC Attorney John Lackey will lead the discussion regarding the book.  Also, feel free to watch the Netflix series based on the book and be ready share your thoughts!

Learn more on an earlier post from The Docket: https://docket.wp.txstate.edu/2025/01/22/law-literature/

Registration Link: https://txstate.zoom.us/webinar/register/WN_Er9LPQhaTl2jltrLKgyicQ#/registration

Clearing Your Docket While Helping Your Community: An Update

June 5th from 2:00 – 4:00 pm

This webinar will be an overview of strategies to clear criminal case dockets while ensuring that indigent defendants’ rights are protected.

It will include information about Omnibase holds, waiver of fines and fees, community service plans, other indigent assistance strategies, and include relevant legislative updates.

Registration Link: https://txstate.zoom.us/webinar/register/WN_spcexLIFROSVykhcZrpsZg#/registration

Teen Dating Violence Awareness Month (TDVAM)

February is Teen Dating Violence Awareness Month (TDVAM), and there is a grant-funded website with resources that anyone can use to share information with the public.

Why??

Dating violence is more common than you may think, especially among teens and young adults: 1 in 3 U.S. teens will experience physical, sexual, or emotional abuse from someone they’re in a relationship with before becoming adults. And nearly half (43%) of U.S. college women report experiencing violent or abusive dating behaviors.

Often, these teens end up in your court or the public might come in and ask for help with these types of issues. Access the TDVAM website here: https://www.loveisrespect.org/get-involved/tdvam/

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TJCTC Updates 5.21.2024

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Judges, Constables, Deputies, and Court Staff,

We have new training opportunities, mental health awareness resources, and caselaw updates to share. Also, clerk exams are open!

We need your feedback!

Do you have a minute to answer a few questions? We need your help to make sure that a training for attorneys who appear in your courts actually helps prepare them!

Use this link to take the survey.

Court Personnel Exams Open!

The spring edition of the court personnel exams are now open! Take your open book exam online with TJCTC’s virtual proctoring program. The exams will be open until June 19th. Register by June 14th to take exams during this timeframe. To learn about the exam and register now, visit our court personnel certification page: https://www.tjctc.org/court-personnel/clerk-certification-program.html For questions, email Jessica at jessforeman@txstate.edu.

What is the clerk certification program?

The Justice Court Clerk Certification Program allows experienced justice court clerks to demonstrate their knowledge of statutes, procedures, and ethical guidelines applicable to Texas justice courts. Justice court clerks who pass an examination receive certification as a Certified Clerk or a Master Certified Clerk. The Texas Justice Court Training Center creates and administers all exams.

*New* Self-Paced Module

Just in time for Mental Health Awareness Month, we want to share a self-paced challenge for you!

5-Day Challenge to Improve Your Mental Health – 1.5 hrs.

Courts are stressful places to work. This module will help judges, court staff, and constables commit to their mental health with a five-day challenge.

You can access the module on the TJCTC Self-Paced Module Page.

More Mental Health Resources 

National Center for State Courts Behavioral Health Resource Hub

The Behavioral Health Resource Hub is intended to be a curated collection of resources courts and communities can turn to for the latest in best practices. The resources under the Criminal Justice section build on the Sequential Intercept Model (SIM) which identifies appropriate responses at particular intercepts that can keep an individual from continuing to penetrate the criminal justice system. Additionally, effective court and community responses require interventions prior to engagement in the criminal justice system. Additionally, there are sections devoted to civil responses and other areas of community focus. The Resource Hub has been recently updated with new resources.

Lead by Example: Prioritize Your Self-Care

It’s easy to feel mentally exhausted these days, in a world that demands so much of our time, energy and focus. The National Council for Mental Wellbeing has resources to help.

Attorney General Opinion KP-0464

Summary: This opinion concludes that counties are generally responsible for paying filing fees for an application for court-ordered mental health services but need not pay at the time of filing. Further concluding that a county may require an entity that is a “person” to pay such filing fees at the time of filing when it first determines that the fees relate to services by a private mental hospital.

Share this with the judge in your county who handles civil commitments or your mental health board.

Caselaw Updates – Recent Texas Supreme Court Updates

Last week, two opinions of interest were issued by the Texas Supreme Court. You can read the summaries on the Court’s website.

Fleming v. Wilson, ___ S.W.3d ___, 2024 WL ___ (Tex. May 17, 2024) [22-0166]

While the specific facts in this case will likely not arise in justice courts, this case does include a discussion of judicial estoppel which is a theory that does arise in justice courts. The issue in this case is whether judicial estoppel bars a defendant from invoking defensive collateral estoppel because of inconsistent representations made in prior litigation.

The bottom line was that Fleming couldn’t make an argument in one court and turn around and make the opposite argument about the same claims later because it might benefit him now. The discussion of judicial estoppel starts on page 6 of the opinion.

Landlord Tenant Westwood Motorcars, LLC v. Virtuolotry, LLC, ___ S.W.3d ___, 2024 WL ___ (Tex. May 17, 2024) [22-0846]

The issue in this case is what effect, if any, an agreed judgment awarding possession to a landlord in an eviction suit has on a related suit in district court by a tenant for damages.

This case reinforces the idea that  eviction suits provide summary proceedings for which the sole issue adjudicated is immediate possession. Accordingly, agreeing to an eviction suit judgment does not concede an ultimate right to possession or abandon separate claims for damages, even if those claims also implicate the right to possession.

Do you follow TJCTC on social media?

Check out our LinkedIn & Facebook pages for updates and on occasion a fun photo or two from our programs! Don’t forget, you can also find more information at our blog, The Docket, including past e-blasts like this one.

If you think we should share something in an eblast like this one or on our social media, feel free to email Amber Myers at a_m1814@txstate.edu.

We hope you are all doing well, especially with the wild weather we have had recently! As always, looking forward to seeing you at a program soon.

– Thea and the TJCTC Team

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TJCTC Updates 2.9.2024

 

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Good Afternoon Judges, Constables, & Court Staff,

Can you believe we are already well into February? Time flies when you are having fun seeing your colleagues at training! Buckle up, because this is a long list of resources and updates, but all are very worth the read.

 

Accessibility & Access in the Courts

Recently a local attorney reached out to TJCTC to give praise to the Texas justice courts and offer his experiences to help courts ensure access to the courts for people with invisible disabilities and health conditions that might make it harder for them to appear in court.

Staff Attorney Amber Myers interviewed him for an episode of the National Association of State Judicial Educators (NASJE) Spotlight Podcast to share this great information not only with Texas courts but also those nationwide. You can watch the episode on the NASJE YouTube Page.

Also in January, the National Center for State Courts held a webinar about Inclusive Communications for People with Disabilities in Court. If you missed it, the shared resources are below.

Watch the recording of the webinar on the NCSC website: https://www.ncsc.org/consulting-and-research/webinars
Other Resources:

ADA Best Practices Tool Kit for State and Local Governments

Access to Justice Knowledge Hub Modules

ABA Article on Supported Decision Making

 

Texas Law Help YouTube Channel

A great resource for self-represented litigants, especially if they speak a language other than English.

https://www.youtube.com/@TexasLawHelpwebsite/videos

 

Upcoming Webinars

TAA Lease Update for 2024, 1 civil hour

February 23rd from 10:00 – 11:00 a.m.

Join TAA for a review of the latest version of its lease! This class will allow courts to fully understand the terms of the most commonly-used lease in eviction and other landlord-tenant disputes.

Registration link: https://txstate.zoom.us/webinar/register/WN_a5eSTV1pSg2vrIosPqOScA#/registration

Implementing SB4: Magistrate’s Order to Return

Feb 29th from 2 – 3:00 p.m.

Instructor: Bronson Tucker

This webinar will cover SB 4, taking effect on March 4th, which allows magistrates processing defendants charged with Illegal Entry into Texas to issue orders for the defendant to leave the United States. It is critical that magistrates follow the law precisely to avoid liability, and these issues will be covered in this critical course.

Registration: https://txstate.zoom.us/webinar/register/WN_3oUM3-19S4C40lTAYHqSRA

 

*New* Recordings for Credit

Texas State Law Library Online Resources, 1 Hour Civil

Do you know about the resources available on the Texas State Law Library (TSLL) Website? Any Texan can get a free library card and access to these legal resources, so not only can judges, constables, and court staff use these resources for legal research, but the public can as well. Watch this one-hour prerecorded webinar for an overview from TSLL staff.

State of the State: Texas Demographic Trends and Characteristics, hosted by TJCTC

Speaker: Lloyd B. Potter

Do you want to know who is in your county and state? This webinar will provide information on the Texas population, including rural vs urban trends, migration information, and birth rates. It will also cover how Texas compares to other states and projected changes for Texas’ future.

You can find the recording for credit on the TJCTC Recordings for Credit Page under Court and Office Management Webinars. The TSLL also has additional self-help videos on their YouTube Page.

 

National Center for State Courts Releases New Guide to Mental Health Diversion

This guide is intended to serve as a resource framework for courts and judges to use to promote and implement diversion strategies for individuals with behavioral health needs in their communities. Ideally, judges would collaborate with a range of system stakeholders to examine the entire diversion continuum but could also focus on one step of the process at a time. This guide focuses on jail diversion systems, post arrest, and pre plea.

Download from the NCSC website

 

New Attorney General Opinion Regarding School Marshals KP-0454

Summary: A school district board of trustees may designate an individual to carry a handgun for the protection of students and staff by implementing a guardian plan or utilizing a school security officer. Education Code section 37.0811 provides another option for accomplishing this purpose by generally allowing a school board to appoint one or more school marshals for each campus in the district. Subsection 37.0811(c) authorizes a school marshal to possess a handgun on the physical premises of a school, but only in the manner provided by written regulations adopted by the board of trustees. A school marshal possesses a handgun when it is openly carried on the marshal’s duty belt. Therefore, a court would likely conclude that Education Code subsection 37.0811(c) authorizes a board of trustees to adopt regulations that allow a school marshal to duty belt carry a handgun.

 

Update on Legal Calls

We have had a large number of calls finding their way into the wrong voicemail inboxes. Remember, please dial 512-347-9927 and press “1” for legal calls. If you don’t, the voicemails end up with our program staff who also have a high call volume. Often times your legal call messages end up lost in their inboxes and don’t get transferred to the legal team for several days.

 

As always, we are looking forward to seeing you at a program in the upcoming months. We have a very busy Spring full of education events for you lined up from TJCTC!

Thea & the TJCTC Team

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