GOVERNMENT CODE TITLE 2. JUDICIAL BRANCH SUBTITLE A. COURTS CHAPTER 27. JUSTICE COURTS SUBCHAPTER A. GENERAL PROVISIONS Sec. 27.001. BOND. Each justice of the peace must give a bond payable to the county judge, in an amount of not more than $5,000, and conditioned that the justice will: (1) faithfully and impartially discharge the duties required by law; and (2) promptly pay to the entitled party all money that comes into the justice's hands during the term of office. Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Sec. 27.002. COMMISSION; NOTARY. Each justice of the peace shall be commissioned as justice of the peace of the applicable precinct and ex officio notary public of the county. Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Sec. 27.003. EFFECT OF PRECINCT BOUNDARY CHANGES. A person who has served as justice of the peace of a precinct for 10 or more consecutive years preceding a change in boundaries of the precinct is not ineligible for reelection in the precinct because of residence outside the precinct as long as the justice's residence is within the boundaries of the precinct as they existed before the change. Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Sec. 27.004. RECORDS AND OTHER PROPERTY. (a) Each justice shall arrange and safely keep all dockets, books, and papers transmitted to the justice by the justice's predecessors in office, and all papers filed in a case in justice court, subject to the public access requirements prescribed by Rule 12, Rules of Judicial Administration. (a-1) If a person vacates the office of justice of the peace, the person shall transfer all court records, documents, property, and unfinished business to the person's successor on the date the successor takes office. After the transfer, the business of the office must be completed as if the successor had begun the business. (b) A person who has possession of dockets, books, or papers belonging to the office of any justice of the peace shall deliver them to the justice on demand. If the person refuses to deliver them, on a motion supported by an affidavit, the person may be attached and imprisoned by the order of the county judge until the person makes delivery. The county judge may issue the order in termtime or vacation. The person against whom the motion is made must be given three days' notice of the motion before the person may be attached. Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by: Acts 2005, 79th Leg., Ch. 711, Sec. 1, eff. September 1, 2005. Sec. 27.005. EDUCATIONAL REQUIREMENTS. (a) For purposes of removal under Chapter 87, Local Government Code, "incompetency" in the case of a justice of the peace includes the failure of the justice to successfully complete: (1) within one year after the date the justice is first elected, an 80-hour course in the performance of the justice's duties; and (2) each following year, a 20-hour course. (b) The courses may be completed in an accredited state-supported school of higher education. Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 802, Sec. 1, eff. Sept. 1, 1989; Acts 2001, 77th Leg., ch. 147, Sec. 1, eff. Sept. 1, 2001. Sec. 27.006. COLLECTING DEBT FOR ANOTHER; OFFENSE. (a) A justice commits an offense if the justice: (1) accepts for collection or undertakes the collection of a claim for a debt for another, unless the justice acts under a law that prescribes the duties of the justice; or (2) accepts compensation not prescribed by law for accepting for collection or undertaking the collection of a claim for debt for another. (b) An offense under Subsection (a) is a misdemeanor punishable by a fine of not less than $200 or more than $500. (c) In addition to the fine, the justice may be removed from office. (d) This section does not prohibit a justice who is authorized by law to act for others in the collection of debts from undertaking to collect a debt for another if the amount of the debt is beyond the jurisdiction of the justice court. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 9, eff. Sept. 1, 1993. SUBCHAPTER B. JURISDICTION AND POWERS Sec. 27.031. JURISDICTION. (a) In addition to the jurisdiction and powers provided by the constitution and other law, the justice court has original jurisdiction of: (1) civil matters in which exclusive jurisdiction is not in the district or county court and in which the amount in controversy is not more than $10,000, exclusive of interest; (2) cases of forcible entry and detainer; (3) foreclosure of mortgages and enforcement of liens on personal property in cases in which the amount in controversy is otherwise within the justice court's jurisdiction; and (4) cases arising under Chapter 707, Transportation Code, outside a municipality's territorial limits. (b) A justice court does not have jurisdiction of: (1) a suit in behalf of the state to recover a penalty, forfeiture, or escheat; (2) a suit for divorce; (3) a suit to recover damages for slander or defamation of character; (4) a suit for trial of title to land; or (5) a suit for the enforcement of a lien on land. Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 383, Sec. 2 (c) A corporation need not be represented by an attorney in justice court. Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 612, Sec. 12 (c) A justice court has concurrent jurisdiction with a municipal court in cases that arise in the municipality's extraterritorial jurisdiction and that arise under an ordinance of the municipality applicable to the extraterritorial jurisdiction under Section 216.902, Local Government Code. Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 745, Sec. 2, eff. June 20, 1987; Acts 1991, 72nd Leg., ch. 776, Sec. 2, eff. Sept. 1, 1991. Amended by: |
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