73R4127 MWV-D
By Finnell H.B. No. 1224
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a county court at law in Wilbarger
1-3 County.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 25, Government Code, is
1-6 amended by adding Section 25.2461 to read as follows:
1-7 Sec. 25.2461. WILBARGER COUNTY. Wilbarger County has one
1-8 statutory county court, the County Court at Law of Wilbarger
1-9 County.
1-10 SECTION 2. Chapter 25, Government Code, is amended by adding
1-11 Section 25.2462 to read as follows:
1-12 Sec. 25.2462. WILBARGER COUNTY COURT AT LAW PROVISIONS. (a)
1-13 In addition to the jurisdiction provided by Section 25.0003 and
1-14 other law, a county court at law in Wilbarger County has concurrent
1-15 jurisdiction with the district court in family law cases and
1-16 proceedings.
1-17 (b) A county court at law has concurrent jurisdiction with
1-18 the justice court in all criminal matters prescribed by law for
1-19 justice courts. This subsection does not deny the right of appeal
1-20 to a county court at law from a justice court in cases in which the
1-21 right of appeal to the county court exists.
1-22 (c) The judge of a county court at law may not engage in the
1-23 private practice of law.
1-24 (d) If the regular judge of a county court at law is absent,
2-1 disabled, or disqualified from presiding, the presiding judge of
2-2 the administrative judicial region in which the county is located
2-3 may appoint a person licensed to practice law in this state to sit
2-4 as a special judge.
2-5 (e) The special judge must have the same qualifications as
2-6 the regular judge, except that the only residency requirement for a
2-7 person who is a retired district court or county court at law judge
2-8 is that the retired judge reside in the administrative judicial
2-9 region.
2-10 (f) A special judge must take the oath of office required by
2-11 law of the regular judge. A special judge has all the powers and
2-12 jurisdiction of the court and of the regular judge. A special
2-13 judge may sign orders, decrees, judgments, or other process as
2-14 "Judge Presiding" when acting for the regular judge.
2-15 (g) A special judge is entitled to receive for services
2-16 actually performed the same amount of compensation that the regular
2-17 judge receives for the services. The compensation shall be paid
2-18 out of county funds on certification by the presiding judge of the
2-19 administrative judicial region that the special judge has rendered
2-20 the services and is entitled to receive the compensation. The
2-21 amount paid to a special judge may not be deducted or paid out of
2-22 the salary of the regular judge.
2-23 (h) The county attorney and the county sheriff shall attend
2-24 a county court at law as required by the judge. The district clerk
2-25 serves as clerk of a county court at law in family law cases and
2-26 proceedings, and the county clerk serves as clerk of the court in
2-27 all other cases and proceedings.
3-1 (i) The judge of a county court at law may appoint a court
3-2 coordinator or administrative assistant. A court coordinator or
3-3 administrative assistant performs the duties prescribed by the
3-4 judge and cooperates with the administrative judges and state
3-5 agencies for the uniform and efficient operation of the courts and
3-6 the administration of justice. The court coordinator or
3-7 administrative assistant is entitled to be paid from county funds
3-8 the compensation, fees, and allowances set by the commissioners
3-9 court or as otherwise provided by law.
3-10 (j) The commissioners court shall provide the deputy clerks,
3-11 bailiffs, and other personnel necessary to operate a county court
3-12 at law.
3-13 (k) A jury in a county court at law shall be composed of six
3-14 members.
3-15 SECTION 3. Notwithstanding Section 25.2461, Government Code,
3-16 as added by this Act, the County Court at Law of Wilbarger County
3-17 is created January 1, 1994, or on an earlier date determined by the
3-18 commissioners court by an order entered on its minutes.
3-19 SECTION 4. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.