By: Finnell H.B. No. 1224 73R4127 MWV-D 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.