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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 81(R)

House Bill 4685

House Author:  Homer

Effective:  Vetoed

Senate Sponsor:  Eltife


            House Bill 4685 amends the Government Code to provide for the statutory jurisdiction and the terms of the County Court of Titus County.  The bill authorizes a judge of a district court in Titus County and the judge of the county court to enter into a written agreement granting the county court jurisdiction to hear certain matters, prohibits the county court judge from entering into such an agreement unless certain conditions are met, and authorizes such an agreement to provide that a final judgment be approved by the district court judge.  The bill provides that the county judge has the same judicial immunity as the district court judge when presiding over cases authorized under an agreement, establishes that all pleadings, documents, records, and other papers in district court cases heard by a county court judge remain under the control of the district clerk, and authorizes the district clerk to establish a separate docket for the cases considered by the county court judge.

            Reason Given for Veto: 'House Bill No. 4685 violates Article 5, Section 16 of the Texas Constitution by attempting to provide additional jurisdiction to the Titus County Court through an agreement between the county court judge and district court judge.  Under the Texas Constitution, jurisdiction can be transferred only by state law and not by agreements between judges.'