CHAPTER 21. GENERAL PROVISIONS
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE A. COURTS
CHAPTER 21. GENERAL PROVISIONS
Sec. 21.001. INHERENT POWER AND DUTY OF COURTS. (a) A court
has all powers necessary for the exercise of its jurisdiction and
the enforcement of its lawful orders, including authority to
issue the writs and orders necessary or proper in aid of its
jurisdiction.
(b) A court shall require that proceedings be conducted with
dignity and in an orderly and expeditious manner and control the
proceedings so that justice is done.
(c) During a court proceeding a judge may not request that a
person remove an item of religious apparel unless:
(1) a party in the proceeding objects to the wearing of the
apparel; and
(2) the judge concludes that the wearing of the apparel will
interfere with:
(A) the objecting party's right to a fair hearing; or
(B) the proper administration of justice; and
(3) no reasonable alternative exists under which the judge may:
(A) assure a fair hearing; and
(B) protect the fair administration of justice.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 54, Sec. 1, eff. Sept. 1,
1997.
Sec. 21.002. CONTEMPT OF COURT. (a) Except as provided by
Subsection (g), a court may punish for contempt.
(b) The punishment for contempt of a court other than a justice
court or municipal court is a fine of not more than $500 or
confinement in the county jail for not more than six months, or
both such a fine and confinement in jail.
(c) The punishment for contempt of a justice court or municipal
court is a fine of not more than $100 or confinement in the
county or city jail for not more than three days, or both such a
fine and confinement in jail.
(d) An officer of a court who is held in contempt by a trial
court shall, on proper motion filed in the offended court, be
released on his own personal recognizance pending a determination
of his guilt or innocence. The presiding judge of the
administrative judicial region in which the alleged contempt
occurred shall assign a judge who is subject to assignment by the
presiding judge other than the judge of the offended court to
determine the guilt or innocence of the officer of the court.
(e) Except as provided by Subsection (h), this section does not
affect a court's power to confine a contemner to compel the
contemner to obey a court order.
(f) Article 42.033, Code of Criminal Procedure, and Chapter 157,
Family Code, apply when a person is punished by confinement for
contempt of court for disobedience of a court order to make
periodic payments for the support of a child. Subsection (h) does
not apply to that person.
(g) A court may not punish by contempt an employee or an agency
or institution of this state for failure to initiate any program
or to perform a statutory duty related to that program:
(1) if the legislature has not specifically and adequately
funded the program; or
(2) until a reasonable time has passed to allow implementation
of a program specifically and adequately funded by the
legislature.
(h) Notwithstanding any other law, a person may not be confined
for contempt of court longer than:
(1) 18 months, including three or more periods of confinement
for contempt arising out of the same matter that equal a
cumulative total of 18 months, if the confinement is for criminal
contempt; or
(2) the lesser of 18 months or the period from the date of
confinement to the date the person complies with the court order
that was the basis of the finding of contempt, if the confinement
is for civil contempt.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.44(1), eff. Aug.
28, 1989; Acts 1989, 71st Leg., ch. 560, Sec. 1, eff. June 14,
1989; Acts 1989, 71st Leg., ch. 646, Sec. 1, eff. Aug. 28, 1989;
Acts 1989, 71st Leg., 1st C.S., ch. 25, Sec. 34, eff. Nov. 1,
1989; Acts 1995, 74th Leg., ch. 262, Sec. 87, eff. Jan. 1, 1996;
Acts 1997, 75th Leg., ch. 165, Sec. 7.24, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 1297, Sec. 71(4), eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 425 Sec. 1, eff. June 20, 2003.
Sec. 21.004. STATE OF JUDICIARY MESSAGE. (a) At a convenient
time at the commencement of each regular session of the
legislature, the chief justice of the supreme court shall deliver
a written or oral state of the judiciary message evaluating the
accessibility of the courts to the citizens of the state and the
future directions and needs of the courts of the state.
(b) It is the intent of the legislature that the state of the
judiciary message promote better understanding between the
legislative and judicial branches of government and promote more
efficient administration of justice in Texas.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 129, Sec. 1, eff. Sept. 1,
1993.
Sec. 21.005. DISQUALIFICATION. A judge or a justice of the
peace may not sit in a case if either of the parties is related
to him by affinity or consanguinity within the third degree, as
determined under Chapter 573.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.01(a), eff. Sept.
1, 1987. Amended by Acts 1991, 72nd Leg., ch. 561, Sec. 21, eff.
Aug. 26, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(28), eff.
Sept. 1, 1995.
Sec. 21.006. JUDICIAL FUND. The judicial fund is created in a
separate fund in the state treasury to be administered by the
comptroller. The fund shall be used only for court-related
purposes for the support of the judicial branch of this state.
Added by Acts 1986, 69th Leg., 2nd C.S., ch. 11, Sec. 1, eff.
Sept. 22, 1986.
Sec. 21.007. CHILD SUPPORT AND COURT MANAGEMENT ACCOUNT. (a)
The presiding judges of the administrative judicial regions shall
administer the child support and court management account of the
judicial fund and may name the committees they consider necessary
to aid in administering the account.
(b) Only the chief justice may call and convene meetings of the
presiding judges to administer the account. The presiding judges
shall act by majority vote.
(c) On request of the presiding judges, the Office of Court
Administration shall assist the presiding judges in administering
the account.
(d) The Office of Court Administration and the presiding judges
shall file a report with the Legislative Budget Board at the end
of each fiscal year showing disbursements from the account and
the purpose for each disbursement.
(e) A county commissioners court, statutory county court judge,
district judge, or court clerk may apply to the presiding judges
for funds from the account. After receiving an application, the
presiding judges may conduct an on-site assessment of the needs
of the applicant. Before acting on any other pending
applications, the presiding judges shall act on applications for
funds to employ a court master and other judicial employees or to
purchase equipment necessary to comply with state or federal law
relating to the Child Support Enforcement Amendments of 1984
(P.L. 98-378). All funds expended are subject to audit by the
comptroller of public accounts and the state auditor. Funds shall
be allocated among the various administrative judicial regions
taking into consideration the intent of the legislature that the
amount of federal funds available under the Title IV-D program of
the Social Security Act, as amended, for the collection and
enforcement of child support obligations shall be maximized. The
presiding judges are given the power to contract with the Office
of the Attorney General and local political subdivisions as may
be necessary to achieve this intent.
(f) After approval of an application by the presiding judges,
the applicant may be directly reimbursed by the comptroller from
the child support and court management account for expenses
incurred pursuant to the approved application in accordance with
this Act. A person paid from funds drawn on the account is an
employee of the county, and that person's salary may be
supplemented from other sources, including local or federal funds
and public or private grants. Funds allocated for personnel may
not be used to pay the salary of a district or statutory county
court judge. Funds allocated for personnel may be used to pay in
full or in part the salary of an employee, to supplement the
salary of an existing employee, or to hire additional personnel.
The presiding judges and the Office of Court Administration shall
cooperate with any state or federal agency to provide for the
fullest possible supplementation of the account and shall act as
necessary to qualify account funds for any federal matching funds
or reimbursement of funds available under the Title IV-D program
administered by the attorney general.
(g) It is the purpose of this section to increase the funds
available for the collection and enforcement of child support
obligations and the administration of justice in each county in
this state and to provide funding to be used for court-related
purposes for the support of the judicial branch of this state.
Funds available from the judicial fund and its special account
may be supplemented by local or federal funds and private or
public grants. A county commissioners court may not reduce the
amount of funds provided for these purposes because of the
availability of funds from the judicial fund or the special
account.
Added by Acts 1986, 69th Leg., 2nd C.S., ch. 11, Sec. 2, eff.
Sept. 22, 1986.
Sec. 21.008. DISTRICT COURT SUPPORT ACCOUNT. (a) The district
court support account of the judicial fund is created to be
administered by the office of court administration as directed by
the supreme court.
(b) The comptroller shall allocate to the district court support
account such amounts from the judicial fund as may be designated
in the General Appropriations Act.
(c) The district court support account may be used only for
court-related purposes for the support of the district courts of
this state to defray the salaries of support personnel and other
expenses incurred in the operations of the courts, the necessary
expenses of the administrative judicial regions, and for the
administration of this section.
(d) The State Board of Regional Judges is created to administer
the funds appropriated to this account and to the child support
and court management account of the judicial fund created by
Section 21.007. The board shall be composed of the nine regional
administrative judges of the state, who shall have the authority
to organize, elect officers, and make such rules as may be
necessary for the proper administration of these accounts.
(e) The office of court administration shall file a report with
the Legislative Budget Board at the end of each fiscal year
showing disbursements from the account and the purpose for each
disbursement. All funds expended are subject to audit by the
comptroller and the State Auditor.
(f) Funds allocated for personnel may be used to pay in full or
in part the salary of an employee, to supplement the salary of an
existing employee, or to hire additional personnel.
(g) It is the purpose of this section to increase the funds
available for the administration of justice in each county in
this state and to provide funding to be used for court-related
purposes for the support of the judicial branch of this state.
Funds available from the judicial fund and its special account
may be supplemented by local or federal funds and private or
public grants. A county commissioners court may not reduce the
amount of funds provided for these purposes because of the
availability of funds from the judicial fund or the special
account.
Added by Acts 1987, 70th Leg., ch. 674, Sec. 3.01, eff. Aug. 31,
1987. Amended by Acts 1989, 71st Leg., ch. 646, Sec. 2, eff. Aug.
28, 1989.
Sec. 21.009. DEFINITIONS. In this title:
(1) "County court" means the court created in each county by
Article V, Section 15, of the Texas Constitution.
(2) "Statutory county court" means a county court created by the
legislature under Article V, Section 1, of the Texas
Constitution, including county courts at law, county criminal
courts, county criminal courts of appeals, and county civil
courts at law, but does not include statutory probate courts as
defined by Section 3, Texas Probate Code.
(3) "County judge" means the judge of the county court.
(4) "Statutory probate court" has the meaning assigned by
Section 3, Texas Probate Code.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.02, eff. Sept. 1,
1987. Renumbered from Sec. 21.008 by Acts 1989, 71st Leg., ch. 2,
Sec. 16.01(18), eff. Aug. 28,1989. Amended by Acts 1991, 72nd
Leg., ch. 394, Sec. 1, eff. Aug. 26, 1991; Acts 1991, 72nd Leg.,
ch. 746, Sec. 1, eff. Oct. 1, 1991; Acts 1999, 76th Leg., ch.
431, Sec. 1, eff. Sept. 1, 1999.