By: Thompson, S. H.B. No. 124
73R971 RJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the organization and administration of judicial
1-3 districts and to certain court officers and court personnel.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapters B, C, D, and E, Chapter 24,
1-6 Government Code, are repealed.
1-7 SECTION 2. Sections 25.0222(b) and 25.0812(c), Government
1-8 Code, are repealed.
1-9 SECTION 3. Section 25.0862(d), Government Code, is amended
1-10 to read as follows:
1-11 (d) The Probate and County Court of Galveston County is
1-12 primarily responsible for and shall give preference to probate
1-13 cases. <The Probate and County Court may enforce an order of the
1-14 Family District Court for the 306th Judicial District relating to a
1-15 family law matter.>
1-16 SECTION 4. Section 25.1542(h), Government Code, is amended
1-17 to read as follows:
1-18 (h) The judge of a county court at law shall be paid an
1-19 annual salary that is at least 90 percent of the total annual
1-20 salary, including supplements other than the juvenile board
1-21 supplement, paid a district <to the> judge in the county <of the
1-22 99th District Court>. The salary shall be paid out of the county
1-23 general fund on order of the commissioners court.
1-24 SECTION 5. Section 25.1762(d), Government Code, is amended
2-1 to read as follows:
2-2 (d) A judge of a county court at law shall be paid an annual
2-3 salary that is at least $15,000 but not more than 90 percent of the
2-4 total annual salary paid to a district <the> judge in the county
2-5 <of the 145th Judicial District>. The salary shall be paid out of
2-6 the county treasury on orders from the commissioners court. A
2-7 county court at law judge is entitled to reasonable travel expenses
2-8 and necessary office expenses, including administrative and
2-9 clerical assistance.
2-10 SECTION 6. Section 25.2072(m), Government Code, is amended
2-11 to read as follows:
2-12 (m) The judge of the county court and the judge of a county
2-13 court at law may agree on a plan governing the filing, numbering,
2-14 and docketing of cases within the concurrent jurisdiction of their
2-15 courts and the assignment of those cases for trial. The plan may
2-16 provide for the centralized institution and filing of all such
2-17 cases with one court, clerk, or coordinator designated by the plan
2-18 and for the systemized assignment of those cases to the courts
2-19 participating in the plan, and the provisions of the plan for the
2-20 centralized filing and assignment of cases shall control
2-21 notwithstanding any other provisions of this section. If the
2-22 judges of the county court and the county court at law are unable
2-23 to agree on a filing, docketing, and assignment of cases plan, the
2-24 local administrative <presiding> judge <of the 36th Judicial
2-25 District> shall design a plan for both courts.
2-26 SECTION 7. Section 25.2422(g), Government Code, is amended
2-27 to read as follows:
3-1 (g) <The district attorney of the 49th Judicial District
3-2 serves as district attorney of a county court at law, except that
3-3 the county attorney of Webb County prosecutes all juvenile, child
3-4 welfare, mental health, and other civil cases in which the state is
3-5 a party.> The district clerk serves as clerk of a county court at
3-6 law in the cases enumerated in Subsection (a)(2), and the county
3-7 clerk serves as clerk of a county court at law in all other cases.
3-8 The commissioners court may employ as many deputy sheriffs and
3-9 bailiffs as are necessary to serve the court.
3-10 SECTION 8. Sections 26.209(a) and (c), Government Code, are
3-11 amended to read as follows:
3-12 (a) The County Court of Hill County has the general
3-13 jurisdiction of a probate court and has concurrent original and
3-14 appellate jurisdiction with the district court <66th District
3-15 Court> over civil and criminal matters within the jurisdiction of
3-16 the county court.
3-17 (c) The district judge <of the 66th District Court> shall
3-18 act as presiding judge between the district and county courts and
3-19 may assign to the county court original or appellate cases that are
3-20 within the county court's jurisdiction. The assignment shall be
3-21 made by docket notation.
3-22 SECTION 9. Chapter 32, Government Code, is repealed.
3-23 SECTION 10. Chapter 43, Government Code, is repealed.
3-24 SECTION 11. Section 45.130, Government Code, is repealed.
3-25 SECTION 12. Section 45.142(c), Government Code, is repealed.
3-26 SECTION 13. Section 46.002, Government Code, is repealed.
3-27 SECTION 14. Sections 52.043, 52.052, and 52.057, Government
4-1 Code, are repealed.
4-2 SECTION 15. Sections 52.054(b) and (c), Government Code, are
4-3 repealed.
4-4 SECTION 16. Chapter 53, Government Code, is repealed.
4-5 SECTION 17. Chapter 54, Government Code, is repealed.
4-6 SECTION 18. Unless otherwise provided by a reapportionment
4-7 plan for the district courts approved by the legislature, a state
4-8 or federal appellate court, or the Judicial Districts Board that
4-9 has taken effect September 1, 1994, under which voters select
4-10 district judges before December 31, 1994, for terms that begin
4-11 January 1, 1995, a juvenile board composed of the counties in a
4-12 specific named judicial district is composed of those counties
4-13 regardless of the change in district numbers under the plan.
4-14 SECTION 19. (a) This Act takes effect December 31, 1994,
4-15 only if:
4-16 (1) not later than September 1, 1994, a
4-17 reapportionment plan for the district courts approved by the
4-18 legislature, a state or federal appellate court, or the Judicial
4-19 Districts Board is in place; and
4-20 (2) voters have selected or will select district
4-21 judges under that plan before December 31, 1994, for terms that
4-22 begin January 1, 1995.
4-23 (b) If one or both of the conditions of Subsection (a) are
4-24 not met, this Act has no effect.
4-25 SECTION 20. The importance of this legislation and the
4-26 crowded condition of the calendars in both houses create an
4-27 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended.