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.
    1-5        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    1-6  Government Code, are repealed.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    1-8  Code, are repealed.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.