GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE A. COURTS
CHAPTER 21. GENERAL PROVISIONS
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 54, § 1, eff. Sept. 1, 1997.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 2, § 8.44(1), eff. Aug. 28, 1989;
Acts 1989, 71st Leg., ch. 560, § 1, eff. June 14, 1989; Acts
1989, 71st Leg., ch. 646, § 1, eff. Aug. 28, 1989; Acts 1989,
71st Leg., 1st C.S., ch. 25, § 34, eff. Nov. 1, 1989; Acts 1995,
74th Leg., ch. 262, § 87, eff. Jan. 1, 1996; Acts 1997, 75th
Leg., ch. 165, § 7.24, eff. Sept. 1, 1997; Acts 2001, 77th Leg.,
ch. 1297, § 71(4), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch.
425 § 1, eff. June 20, 2003.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1993, 73rd Leg., ch. 129, § 1, eff. Sept. 1, 1993.
§ 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, § 2.01(a), eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 561, § 21, eff. Aug.
26, 1991; Acts 1995, 74th Leg., ch. 76, § 5.95(28), eff. Sept.
1, 1995.
§ 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, § 1, eff. Sept.
22, 1986.
§ 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, § 2, eff. Sept.
22, 1986.
§ 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, § 3.01, eff. Aug. 31,
1987. Amended by Acts 1989, 71st Leg., ch. 646, § 2, eff. Aug.
28, 1989.
§ 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, § 2.02, eff. Sept. 1,
1987. Renumbered from § 21.008 by Acts 1989, 71st Leg., ch. 2,
§ 16.01(18), eff. Aug. 28,1989. Amended by Acts 1991, 72nd Leg.,
ch. 394, § 1, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746,
§ 1, eff. Oct. 1, 1991; Acts 1999, 76th Leg., ch. 431, § 1,
eff. Sept. 1, 1999.
