repair and remedy – The Docket

August 13, 2025

TJCTC Updates 8.13.2025

Legislative Updates and Other Training

As we come to the end of summer, there are some interesting online learning opportunities and of course legislative updates coming up very soon before we get back into the next year of regularly-scheduled training.

We have received several calls about legislative changes. We are hard at work going through the changes to explain them to you and update materials!

Several of the Legislative Update programs still have seats left:

Beaumont (Judges, Court Personnel, & Civil Process) on August 28

Virtual Civil Process on September 10

Lubbock (Judges & Court Personnel) on September 15

Virtual Judges & Court Personnel on September 17

Some other programs have short wait lists, and you may still get a spot, but it is not guaranteed.

Last Civil Process Conference of 2025

Virtual Civil Process Conference
August 19th – 22nd , 2025.
TCOLE #1415 and TCOLE #3131

Note: This will be the final TJCTC course for TCOLE Civil Process (for elected officials) #1415 for this training cycle.

Register through August 15 by logging in to your TJCTC profile at: https://enroll.tjctc.org/portal/events/reg/participantTypeSelection.do?method=load&entityId=2544790

After August 15, please email Jay Takach at jay.takach@txstate.edu if you are interested in joining.

For the next few months, we will be highlighting legislative changes each time we send out Updates.

Our first highlight is SB 2371, related to credit card skimmers on electronic terminals.

This bill created a new class c offense among other statutes related to credit card skimmers. It went into effect on May 27, 2025.

Sec. 607A.102.CRIMINAL OFFENSES. (a) A person commits an offense if the person refuses to allow an inspection of an electronic terminal at the merchant ’s place of business in violation of Section 607A.053. An offense under this subsection is a Class C misdemeanor.
(b) A person commits an offense if the person negligently or recklessly disposes of a skimmer that was installed on an electronic terminal by another person. An offense under this subsection is a Class B misdemeanor.
(c) A person commits an offense if, knowing that an investigation is ongoing or that a criminal proceeding has been commenced and is pending, the person disposes of a skimmer installed on an electronic terminal by another person. An offense under this subsection is a felony of the third degree

Upcoming Training Opportunity

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

TJCTC Webinar

Lunch and Learn Webinar (court personnel only):
From Lockouts to Light Switches: Understanding Writs of Re-Entry and Restoration in Texas

Tired of evictions? Bring your lunch and join us for a Lunch and Learn covering other common landlord/tenant cases like Writs of Retrieval, Re-Entry, Restoration, and Repair and Remedy. We’ll break down how to process and adjudicate these cases with practical tips and real-world insight.

This webinar is TOMORROW, Thursday, August 14th, from 12:00 pm – 1:00 pm.

Use this link to register now: https://txstate.zoom.us/webinar/register/WN_F4H4R5sQTgmA8C3VuQWB-w

NCSC Webinar

AI evidence in jury trials: Authenticity, admissibility, and roles of the court and juries

As artificial intelligence (AI) technologies become more prevalent, state courts are likely to encounter AI-generated evidence, such as deepfakes, reconstructed videos, and synthetic documents.

Join the TRI/NCSC AI Policy Consortium to explore the evidentiary challenges posed by both acknowledged and unacknowledged AI-generated evidence in jury trials. Panelists will examine existing legal frameworks for authentication and admissibility and provide practical guidance for judges and attorneys. Special attention will be paid to the unique responsibilities of courts and juries in evaluating the authenticity and reliability of AI-generated evidence, as well as the potential need for updated jury instructions and judicial guidance.

Learn More and Register: https://zoom.us/webinar/register/WN_ZUPPIm9pQLiEo5aV-UR30w?utm_campaign=774425_AI%20evidence%20in%20jury%20trials%3A%20Authenticity%2C%20admissibility%2C%20and%20roles%20of%20the%20court%20and%20juries&utm_medium=email&utm_source=newsletter&utm_content=v-0&dm_i=7L57,GLJT,4VW08I,2OO0Y,1#/registration

National Wellness Month

Did you know that August is National Wellness Month?

Take some time this month to reflect on your wellbeing as well as what you can do at the office and at home to promote wellness for your employees/coworkers and family.

Here is an article from WebMD that discusses all kinds of wellness strategies: https://www.webmdhealthservices.com/blog/august-is-national-wellness-month-lets-make-well-being-a-priority-all-year-long/

This is also a great time to do the 5 Day Challenge to Improve Your Mental Health if you haven’t already (or again if you want a refresher)!

You can find it on the TJCTC Self-Paced Modules Page – https://www.tjctc.org/onlinelearning/selfpacedmodules.html

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

April 9, 2025April 9, 2025

Updates 4.9.2025

Registration Updates & More!

You should have received an email earlier today about registration for legislative updates. If you missed it, you can view it online.

This is a short update with reminders for upcoming online programs. Don’t forget to scroll to the bottom to hear about the updated SRL Page.

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 Figure: 37 TAC §15.89(b).

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

Legal Question of the Month

Question: Under Texas law, can a claimant recover damages for negligence if they are more than 50% at fault, and how is their recovery affected if they are partially at fault?

Answer: No, under Section 33.001 of the Texas Civil Practice and Remedies Code, a claimant may not recover damages if their percentage of responsibility is greater than 50%. If the claimant is 50% or less at fault, they may recover damages, but under Section 33.012(a), the amount is reduced by their percentage of responsibility. The process of assigning percentage of liability is called Modified Comparative Negligence or Proportionate Responsibility.

This is a question for the jury to answer in a jury trial and TJCTC has a special verdict form that can be used if it is a questions. The jury cannot be advised about any consequences of their answers related to proportionate responsibility.

Do you want to learn more?

You can watch the recording for credit: How Much Should the Judgement Be? Calculating Damages in Civil Cases for more information.

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.

Instructors: Marisela Gonzales and Stuart Campbell

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

Upcoming TJCTC Webinars

Law & Literature Webinar **THIS WEEK**

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!

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 SRL 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