legislative update – The Docket

December 8, 2025

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.

September 24, 2025September 24, 2025

TJCTC Updates 9.24.2025

Welcome to the latest edition of TJCTC Updates!

As registration for a new year’s programs is just around the corner, we thought that our Updates could use a refresh as well. You will now see three major headings – Important Updates (legal updates, caselaw, and hot topics), Upcoming Events (live education events and new online courses from TJCTC), and Learning Opportunities (education events from other agencies, articles, board questions of the month, and other online learning).

This Update includes a very special section related to Special Session Bills that were signed into law on 9/17, the very last day of our Legislative Update Programs. Also make sure to take a look at the slate of FY26 programs open for registration in the coming weeks. Finally, take some time to celebrate our US Constitution and find some resources to share with your communities.

Special Session Bill Summaries

There were several bills passed during the 2nd Special Session of the Legislature that impact justice courts and constables last week. One in particular was HB 16 which related to practices and procedures of the judicial branch. A change that we anticipated related to reinstating the $100 fee for Ch. 55A expunctions was included in this bill. This change means that the $100 fee is now back in effect, and was only not applicable from 9/1/2025-9/16/2025. This is a different effective date than what was in the Legislative Updates. See the summaries below for more information.

Special Session 2 Summaries Download

Deskbooks, Forms, and Other Materials Updates

We have received lots of questions about updates to our materials, and rest easy, we are working on it! Several updated forms went live on September 1, and we will continue to roll out updated materials as they are completed.

Note, changes for laws going to effect in January will be implemented and posted in November and December. This includes changes to eviction forms and the Evictions Deskbook. Remember, you can see when a form, chart, checklist or deskbook was updated on the page where you download it.

Visit the TJCTC Website

Registration Coming Soon!

Did you know that we are just days out from registration for the 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 – September 30, 2025

Court Personnel – early October 7, 2025 & regular October 14, 2025

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.

Justice 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 Month

Question: New EPO Law. Is 31 Days No Longer an Option? I have read several explanations that are vague and confusing. I did see the 31 day option with a line through it in the new law. I have issued many 31 day EPO’s as a “Cooling off” period. Do I still have the Authority to issue a 31 Day EPO? I think 61 days is a bit too long for many of the EPO’s.

Answer:

No. The line through 31 in the new law means that it has been deleted. This is the new law for the timeframes of EPOs issued on/after 9/1/25:

✳️ If EPO is issued under 17.292(a) (discretionary if one of the listed offenses) or 17.292(b)(1) (mandatory due to serious bodily injury to the victim of FV offense): Timeframe is now at least 61 but no more than 91 days after issuance (instead of 31 and 61).

✳️ If EPO is issued under 17.292(b)(2) (mandatory due to the use or exhibition of a deadly weapon during the commission of an assault in FV situation): Timeframe is now at least 91 but no more than 121 days after issuance (instead of 61 and 91).

Celebrating Constitution Day

Wednesday, September 17, 2025 was Constitution Day, but the celebration and learning doesn’t have to end.

The National Constitution Center, Duquesne University, and the Pennsylvania Commission on Judicial Independence graciously shared with all state judicial educators a video they produced about the importance of judicial independence in our Constitutional democracy. The video features retired U.S. Supreme Court Justice Stephen Breyer in a conversation with Duquesne University President Ken Gormley (a leading Constitutional scholar).

This video was specifically produced with education in mind, and is perfect to share with teachers and other community members interested in having a discussion on this topic. Feel free to share this with your community or host a discussion. They also provided discussion questions for high schoolers and college students to get you started.

Watch the Video

Discussion Questions Download

College Discussion Questions Download

September 4, 2025

TJCTC Updates 9.4.2025

New Laws Taking Effect

You may have noticed a new slide on our front page reminding constables that SB 1333 took effect this week, but don’t forget, that’s not the only new law already in effect!

For a full list of bills that have taken effect already, please see the TJCTC Legislative Page and review the materials available to you there. This Update is all about important changes from the legislature, including hot topics still being discussed in the special session, benefits now available to judges and court staff, and Rules updates as a result of the new laws.

Why don’t new court fees and costs go into effect until January 1, 2026?

Government Code Sec. 51.607 requires new or amended court costs and fees (not fines) to go into effect January 1, following the legislative session, even if the bill creating or amending them goes into effect prior to that date.

This is also the statute requiring OCA to create costs and fees charts. (To be updated soon on their website – https://www.txcourts.gov/publications-training/publications/filing-fees-courts-costs/)

What is an example of this from this legislative session?

HB 2282 – Warrant Fee

A warrant fee assessed as costs (when applicable) to a convicted defendant will now be $75 instead of $50.

If the fee is assessed before 1/1/26, the fee is $50. If it is assessed on or after 1/1/26 AND the offense date is on or after 9/1/25, the fee is $75.See the updated CCP Art. 102.011(a) & Gov’t. Code Sec. 51.607.

New Supreme Court Rule

Texas Rule of Judicial Administration 12.5

Effective September 1, 2025, The Texas Supreme Court amended Rule of Judicial Administration 12.5 to give effect to HB 5129.

What changed?

The amendments added more personal/family information into the Rule that will be exempt from disclosure when Judicial Records are requested (note, this is different from the rules regarding disclosure of Case Records).

Want to see the changes for yourself? Here is the advisory – https://www.txcourts.gov/media/1461161/259062.pdf

To review the difference between Judicial Records and Case Records, please see Chapter 2 of the Recordkeeping and Reporting Deskbook on the TJCTC Deskbook Page. Note, while this change is already in effect, the Supreme Court may make additional amendments as a result of public comment. As usual, we will keep you updated if any changes occur.

Legal Question of the Month

What is a Squatter??

Squatters have been a hot topic over the last few years, and a new bill, SB 1333, was even called the “Squatter Bill” by the media and others.

So, what is the legal definition of a squatter?

A squatter is a person who commits a forcible entry and detainer (FED) by entering the real property of another without legal authority or by force and refuses to surrender possession on demand. Property Code Sec. 24.001.

It does not count as a FED if the person enters with the consent of:

– A person in actual possession of the property;

– A tenant at will or by sufferance; or

– A person who acquired possession by forcible entry (a squatter).

So, if a person has consent when they enter, they aren’t a squatter!

This definition is very important for some of the new updates to evictions and landlord/tenant law that we saw out of this legislative session. Many of these updates don’t go into effect until January and will be discussed in detail at legislative updates and upcoming conferences and workshops. However, we have had several questions about SB 1333 that we answered in an email to constables and deputies earlier this week. You can read it on The Docket – https://docket.wp.txstate.edu/2025/08/29/civil-process-updates-8-29-2025-important/.

Mass Fatalities & Disaster Relief

After the devastating floods this summer, inquests and mass fatality trainings have been not only a hot topic at the legislature, but also a topic of concern among justices of the peace. No one wants to be caught off guard going into such a hard situation.

Some good news is that we have several trainings available to help justices of the peace get prepared and know who to call when disaster strikes.

There are two recordings for credit that are related to this topic on the Recordings for Credit Page – Have you heard of TMORT? and Resources for Mass Fatalities.

There is also a great self-paced module with helpful information called Unidentified Bodies on the Self-Paced Module Page.

As always, if any new laws from the special session pass and require additional training, we will keep judges in the loop. In the meantime, we will have multiple inquest classes at our regular conferences for judges to brush up on their skills in addition to our library of online resources.

Have something great to share? Email Amber Myers at a_m1814@txstate.edu.

August 29, 2025

Civil Process Updates 8.29.2025 – IMPORTANT

Important Legislative Updates Taking Effect September 1, 2025!

There are several legislative updates going into effect on Monday, September 1, 2025, so we wanted to make sure you knew about the new laws and the corresponding forms that we have prepared for your use.

Please read this entire email for all of the details, links to forms and other resources, and helpful information!

SB 1333 – Squatters!

This bill has several parts, most of which will impact constable processes. The main new process assigned to constables goes into effect Monday, September1, 2025.

Removal of Unauthorized Occupants (new procedure!)

This is a new procedure described in new Property Code Chapter 24B where property owners (or their agents) can request immediate removal by sheriff/constable of a person unlawfully occupying a dwelling, if:

The property was not open to the public when entered,
The property is not the subject of pending litigation between the parties,
The owner/agent has directed the person to leave, and they have not done so, and
The occupant is not a current/former tenant (under written or oral lease), immediate family, owner, or co-owner.

Who can file?

The complainant must be:

the record owner of the property that is the subject of the complaint or the owner’s agent; and
otherwise entitled to the relief sought in the complaint.

What is the procedure?

The owner/agent must file a complaint that is sworn or has an unsworn declaration that includes everything listed in the statute and provide ID (and agent must give documentation of authority to act on owner’s behalf). In the county where the property is located. (This means, any precinct.)

The Sheriff or Constable must establish the following:
The property was not open to the public when entered,
The owner/agent is actually the owner and has entitlement to make the complaint,
The property is not the subject of pending litigation between the parties,
The owner/agent has directed the person to leave, and they have not done so, and
The occupant is not a current/former tenant (under written or oral lease), immediate family, owner, or co-owner.
If the Sheriff or Constable determines that at least one of the issues exist the owner will be directed to proceed to the proper JP Court for the necessary eviction process.
Then without delay, the Sheriff or Constable must serve notice to immediately vacate (by hand delivery or affixing the notice to the front door or entrance of the dwelling) and restore possession to the owner.

The property owner or owner’s agent may request that the sheriff or constable remain on the property to keep the peace while the owner or owner’s agent:
changes any locks; and
removes any personal property of an occupant from the dwelling and places the personal property at or near the property line of the owner’s property.

Important Notes:

Law enforcement may arrest unauthorized occupants for trespass, outstanding warrants, or other offenses for which there is probable cause.
Sheriffs/constables may charge a fee equivalent to executing a writ of possession, plus an hourly rate if asked to remain on-site during removal.
Sheriffs/constables are shielded from liability for loss/damage during removal.
Owners/agents are generally not liable for property loss/damage from removal, but may be sued for wrongful removal and face damages, court costs, and attorney’s fees.
The return of service should be provided to the person that filed the complaint and copy kept in the file at the constable/sheriff’s office.

This bill has other parts, including the creation of new criminal offenses. You can learn more by reading the Civil Process Legislative Update Materials on the TJCTC Legislative Page – https://www.tjctc.org/legislative.html

New Forms

Click the buttons below or visit the TJCTC Forms Page to access the new forms drafted by TJCTC for this process. Special thank you to Constable Chad Jordan’s Office for collaborating on these forms

Complaint To Remove Person Occupying Dwelling Without Owner’s Consent Download

Notice to Immediately Vacate — Unauthorized Occupants Download

Other Legislative Materials

Want more information about other legislative changes? Visit the TJCTC Legislative Page to download handouts and other information: https://www.tjctc.org/legislative.html

Registration for Programs is Coming Soon!

Civil Process Conferences will open for registration starting on October 21, 2025. Look for more information soon.

There will also be a special workshop this coming academic year, specifically for constables and deputies where we will do a deep dive into all of the recent changes to evictions and landlord/tenant issues!

August 21, 2025

TJCTC Updates 8.21.2025

Mid-Month Updates

Please read this email fully for an important legislative update as well as some great training opportunities (some of them are FREE)!

Important note, if you downloaded Legislative Update Materials prior to 8/21/2025, please re-download the updated version, available today. We apologize, but some new information was provided this week that lead us to change a few slides.

For judges/clerks, changes were made specifically to sections regarding SB 1667, HB 654, and HB 2282. There were no changes made to the 2025 New Fine-Only Offense Chart. For constables/deputies, there were several minor changes made. There were no changes made to the Caselaw Update.

SB 1667 Expunctions

Note: If you attended the 8/19/25 Legislative Update in Corpus Christi, this update includes updated information from our presentation.

This bill applies to expunction petitions filed after 9/1/2025, and made changes to Code of Criminal Procedure Chapter 55A. (Note, this won’t apply to expunctions made other under code provisions, like alcohol offense expunctions.)

It requires district clerks to compile and maintain on their website a list of agencies/entities and their applicable email addresses, so that expunction petitions and orders can be delivered to the appropriate entities electronically.

New Fee: If an agency/entity cannot receive the order electronically, then the court shall charge a $25 fee effective 1/1/2026.

Old Fee: This bill repealed the “Fees in Expunction Proceedings” section. This means that starting 9/1/2025, the $100 fee for CCP Ch. 55A expunctions can no longer be charged. This also means only the new $25 fee discussed above will be charged (after 1/1/2026). Note, this repeal was an error that the legislature is seeking to reverse in the special session. If the new bill passes, the $100 fee will go back into effect 1/1/2026. TJCTC will keep you updated on this situation.

There are also new provisions regarding inspection and disposition of expunction records and retention of mental health records.

Want more info?

Review TJCTC’s legislative update slides on SB 1667

Read SB 1667

Legal Question of the Month

Release of Judgment in Error

A default judgment was granted against the defendant last year. A few months later, there was a Release of Judgment entered in the case. The plaintiff recently realized that the judgment was NOT supposed to be released, they have now submitted a “Motion to Vacate and set aside satisfaction of judgment”. Is this something that is possible, to set aside the release of judgment?

Answer: At this point, it may be best to have a hearing to ensure that there is nothing weird going on or no other mistakes are made, and give notice to both the judgment creditor and judgment debtor.

At the hearing, if the court finds that the release was entered in error, then the court can enter an order withdrawing or striking the release and noting what happened. This will also give the debtor an opportunity to be heard and know what is going on, as they might have no clue any of this happened.

Upcoming Training Opportunities

8th Annual Judicial Summit on Mental Health

Detailed Agenda Available

The 8th Annual Judicial Summit on Mental Health will be held October 7-8, 2025, at the Royal Sonesta Houston Galleria in Houston, Texas. Capacity for our in-person meeting is limited; we have fewer than 100 in-person spots left. Those who are not able to attend the meeting in person will have the opportunity to live-stream the event from their home or office.

Book your hotel room at the Royal Sonesta Houston Galleria by September 12 to get the Summit room block rate.

Don’t forget, registration is free! Register to attend in-person or online: https://web.cvent.com/event/e401bbc3-30ae-401f-be22-b1b385a958b7/regPage:3a358dcf-21b7-414c-ad7b-06220cc77043

TAC RMP Regional Pool Workshops

Various Dates from September 23, 2025 – October 02, 2025 (multi-day)

TAC Risk Management Pool Regional Workshops are scheduled around the state and are designed to be small, intense and topic-specific. These one-day sessions will cover the latest in risk control, human resources and law enforcement.

Who Should Attend?

Elected and appointed officials, decision-makers for the Pool, human resource directors and managers, workers’ compensation managers, and department managers or supervisors.

Registration Fees The workshops are provided at no cost to county officials and staff.

Learn More and Register: https://www.county.org/education-and-events/calendar-of-events/2025/tac-rmp-regional-pool-workshop/overview

Online Training

Human Trafficking Awareness Initiative from NCSC

NCSC has launched an initiative designed to help courts play an active role in raising awareness of human trafficking. CDL Drivers & Courts: On the Road to End Human Trafficking offers judges a tool to address this issue from the bench—a specialized e-learning course that can be assigned to CDL drivers who appear before the court.

The free, self-paced e-learning course educates commercial drivers on how to identify and report signs of human trafficking, understand reporting procedures, and comply with the No Human Trafficking on Our Roads Act, which imposes a lifetime CDL disqualification for drivers convicted of human trafficking in a commercial motor vehicle. Participants earn a certificate of completion that can be submitted to the court.

Resources for this initiative, including a judicial bench card, are available at https://www.ncsc.org/cdlhtainfo. Note, if you are a judge or clerk who completes this course and would like TJCTC Credit, please email your certificate to Jessica Foreman at jessforeman@txstate.edu.

Disaster Relief Help

Do members of your community still need disaster relief aid?

You can share the following link to resources from Texas Rio Grande Legal Aid with your community.https://www.trla.org/disaster

June 12, 2025

TJCTC Updates 6.12.2025

Training & Updates

We wanted to remind you again about some online training opportunities (at the end of this email), an in-person training opportunity in August, and provide a few updates.

We have also received several calls about legislative changes. If you missed it, our legislative update programs are open for registration! Sign up at www.tjctc.org/legislative.

TLSC Eviction Helpline Closing

The TLSC statewide Eviction Helpline, 855-270-7655, is closing on July 31, 2025 due to funding ending. Anyone who calls the Eviction Helpline after July will hear a voicemail stating the Helpline has closed and directing them to website TexasLawHelp.org for information on what limited legal aid remains available and otherwise how to represent themselves.

It has been brought to our attention that many courts have this information as well as old information about the Texas Eviction Diversion Program in their current eviction citations. Please make sure your court is using the most up-to-date forms and no longer includes this information.

Please refer those asking for legal information to our Self-Represented Litigants Page that includes updated links to resources like TexasLawHelp.org and the Texas State Law Library.

Upcoming Training Opportunity

This upcoming conference from Texas Health and Human Services and other partners is a great opportunity for justices of the peace, constables, and other county employees who work in the criminal justice system.

Impaired Driving Symposium (judges only)

This 8-Hour program will include a range of topics on impaired driving and will include JPs, District Judges, County Judges, and Municipal Judges. Join us from July 30-31 to work with all levels of the judiciary to make Texas roads safer!

This program is sponsored by a generous grant from the Texas Department of Transportation. That means, it is FREE! There is no registration fee and the program comes with 1 free night at the hotel.

Upcoming TJCTC Webinars

Justice for All: Navigating the Legal Landscape of Animal Cases in the Courtroom

July 18th from 1:00 – 3:00 pm

This webinar will address the role of the justice of the peace in animal cruelty cases, as well as other animal-related laws appearing before the court.

In doing so, it will touch upon dangerous dog cases, serious bodily injury cases, civil seizures, appellate process, and thinking outside the box when working with the parties for the greater good of the community.

Upcoming Inquest Webinar from Emergency Medical Services and Trauma Registries (EMSTR)

Data Quality Webinar

June 24th from 10:00 – 11:00 am CT

This session from the EMSTR Registry Operations Support Team will focus on the Traumatic Brain Injury (TBI), Spinal Cord Injury (SCI) and Submersion (drowning) programs. This training will cover program inclusion criteria and common questions that come up when reporting these case types.

The sessions will end with a brief Q&A component. Questions regarding the Acute Injury (Trauma Program) are also welcome for Registrars who fulfill both functions. Please register to receive an emailed invitation to join the meeting. Don’t hesitate to reach out ahead of time to injury.web@dshs.texas.gov with any questions or concerns!

Note: This is not a TJCTC webinar, but it is from a reputable source and judges can receive judicial education credit for attending and reporting their attendance to TJCTC.

Upcoming Inquest Webinar from Valor

From Crime Scene to Autopsy: An Insider’s Journey into Death Investigations

June 24th from 1:00 – 3:00 pm CT

Join Valor Technical Cleaning for a powerful, one-time-only forensic science webinar featuring two of the most influential voices in death investigations.

Dr. Michael Baden – World-renowned forensic pathologist, known for his work on the John F. Kennedy, Martin Luther King Jr., and Jeffrey Epstein cases.

Joseph J. Kolb, MA – Former death investigator with the New Mexico Office of the Medical Investigator, certified Diplomate of the American Board of Medicolegal Death Investigators, Executive Director of the Southwest Gang Information Center, instructor for the New Mexico Law Enforcement Academy and experienced criminal justice instructor.

In this exclusive discussion, these two experts will walk us through the real-life process of death investigations—from the scene to the autopsy room. You’ll gain rare insight into the intersection of field forensics and pathology, directly from the front lines of some of history’s most significant investigations.

Note: This is not a TJCTC webinar, but it is from a reputable source and judges can receive judicial education credit for attending and reporting their attendance to TJCTC.

April 24, 2025

TJCTC Updates 4.24.2025

Online Learning, News, & Legislative Updates

This edition includes some interesting online learning opportunities, a few news updates, and the below button to sign up for our upcoming Legislative Updates in case you missed our earlier emails.

Visit https://www.tjctc.org/legislative.html to register for a Legislative Update.

Updated Moving Violation Link

The link for the chart of Moving Violations has been updated. This is the list courts use to determine Driving Safety Course eligible offenses for defendants under the age of 25.

The new link is: https://www.sos.texas.gov/texreg/archive/October252024/tables-and-graphics/202404823-1.pdf

TJCTC materials will be updated later this year to include this new link and other legislative changes.

Note: There has been some confusion about when this list is used, but nothing has changed for that purpose – the web link was the only change. For more information about when to use this list, please see pages 46-48 of the Criminal Deskbook.

15th Court of Appeals Court Overturned San Marcos’ Marijuana Decriminalization Ordinance

Earlier this month, the Fifteenth Court of Appeals sided with the State of Texas in its lawsuit against the city of San Marcos, mayor, city council and police chief. The court found the ordinance violates Section 370.003 of the Texas Local Government Code, which prohibits local governments from adopting policies that do not fully enforce state drug laws.

The ordinance barred San Marcos Police Department (SMPD) from arresting or citing individuals for marijuana possession of up to four ounces, except under limited felony-related circumstances. The ordinance also prohibited the use of THC testing for prosecution, the use of marijuana odor as probable cause and citations for paraphernalia or residue.

What does this mean for justice courts?

While this isn’t fully settled across the state, you may see similar ordinances in your area being changed or not enforced. You may see more class c offenses related to marijuana or THC in your courts.

Read the case.

Note, the topics of hemp, marijuana, and THC have also been referenced in pending legislation, so there might be more news about related laws later this summer.

**This week** Webinar from State Bar Justice Court Section: Repair and Remedy and Repair and Deduct Claims in Justice Courts

Friday, April 25, 2025, Noon – 1 pm

This session will offer 1 hour MCLE credit. After registering, you will receive a confirmation email with a link to join the webinar.

Course Description: This presentation will provide a statutory and procedural overview of Repair and Remedy and Repair and Deduct claims, both governed by Chapter 92, Subchapter B of the Texas Property Code, in Justice Courts. Additionally, this presentation will review relevant caselaw related to Repair and Remedy and Repair and Deduct claims and further provide practical considerations and best practices.
We hope to see you in attendance!

Instructors: Marisela Gonzales and Stuart Campbell

Note: This is not a TJCTC sponsored webinar, but from a section of the Texas State Bar Association.

From the Judicial Commission on Mental Health

JCMH Rural Issues Committee

Rural communities in Texas make up an overwhelming number of jurisdictions in the state, and the issues they face are unique and often overlooked. Limited access to healthcare professionals, travel distances, and funding issues are among the most-common issues we’ve heard raised by rural communities, and so JCMH is launching a committee dedicated to focusing on the issues faced by rural communities at the intersection of mental health and justice.

This committee will focus on collaboration, idea-sharing, and adapting solutions to rural communities. Bringing together experts and community and judicial leaders can develop sustainable solutions, and raise common obstacles for statewide consideration. Keep an eye out for more information on partnering in these efforts, and email us at jcmh@txcourts.gov to express interest or share your ideas!

Upcoming TJCTC Webinars

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

Updated Self-Represented Litigant (SRL) Page

Did you know that TJCTC updated our Self-Represented Litigant Page?

We made some updates and added a few more resources. Make sure you take a look and feel free to share with people who come to your court looking for assistance.

Note: There are several great videos about court procedures from the National Center for State Courts and the Austin Young Lawyers Association available there now as well.

Check out the SRL Page: https://www.tjctc.org/srl.html

September 22, 2020September 23, 2020

Protective Order Registry

This is a reminder of requirements that went into effect under SB 325 concerning submitting applications for Emergency Protective Orders and copies of the EPOs into the Protective Order Registry that OCA was required to establish by June 1, 2020.

Important Note: The Supreme Court has extended the date for courts to begin reporting to October 15 due to the pandemic. Here is the order: https://www.txcourts.gov/media/1449663/order-209106.pdf

The new law requires the clerk of the court to enter any application for an Emergency Protective Order and any EPO that is issued or modified into the Protective Order Registry as soon as possible but not later than 24 hours after the filing of the application or issuance of the EPO.

The clerk may delay the entry only to the extent that they lack the specific information required to be entered.

If an EPO is vacated or expires, the clerk must update the status of the Order in the Registry.

Here is a link for the clerk to log in to enter the application and EPO, as well as training on how to do this: https://www.txcourts.gov/judicial-data/protective-order-registry/authorized-user-information-instructions/

Here is the link to TOPICs (Texas Online Public Information – Courts), the OCA Protective Order Registry website as the public views it: https://topics.txcourts.gov/

And this the link to the Protective Order Registry home page: https://www.txcourts.gov/judicial-data/protective-order-registry/

These requirements are set forth in Sections 72.151 – 72.158, Government Code.

Please let us know if you have any questions. You may also wish to contact OCA if you have any technical questions about how to enter the application or EPO.