1-1 By: Finnell (Senate Sponsor - Carriker) H.B. No. 1224
1-2 (In the Senate - Received from the House May 10, 1993;
1-3 May 12, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 25, 1993, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; May 25, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the creation of a county court at law in Wilbarger
1-18 County.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Subchapter C, Chapter 25, Government Code, is
1-21 amended by adding Section 25.2461 to read as follows:
1-22 Sec. 25.2461. WILBARGER COUNTY. Wilbarger County has one
1-23 statutory county court, the County Court at Law of Wilbarger
1-24 County.
1-25 SECTION 2. Chapter 25, Government Code, is amended by adding
1-26 Section 25.2462 to read as follows:
1-27 Sec. 25.2462. WILBARGER COUNTY COURT AT LAW PROVISIONS.
1-28 (a) In addition to the jurisdiction provided by Section 25.0003
1-29 and other law, a county court at law in Wilbarger County has
1-30 concurrent jurisdiction with the district court in family law cases
1-31 and proceedings.
1-32 (b) A county court at law has concurrent jurisdiction with
1-33 the justice court in all criminal matters prescribed by law for
1-34 justice courts. This subsection does not deny the right of appeal
1-35 to a county court at law from a justice court in cases in which the
1-36 right of appeal to the county court exists.
1-37 (c) The judge of a county court at law may not engage in the
1-38 private practice of law.
1-39 (d) If the regular judge of a county court at law is absent,
1-40 disabled, or disqualified from presiding, the presiding judge of
1-41 the administrative judicial region in which the county is located
1-42 may appoint a person licensed to practice law in this state to sit
1-43 as a special judge.
1-44 (e) The special judge must have the same qualifications as
1-45 the regular judge, except that the only residency requirement for a
1-46 person who is a retired district court or county court at law judge
1-47 is that the retired judge reside in the administrative judicial
1-48 region.
1-49 (f) A special judge must take the oath of office required by
1-50 law of the regular judge. A special judge has all the powers and
1-51 jurisdiction of the court and of the regular judge. A special
1-52 judge may sign orders, decrees, judgments, or other process as
1-53 "Judge Presiding" when acting for the regular judge.
1-54 (g) A special judge is entitled to receive for services
1-55 actually performed the same amount of compensation that the regular
1-56 judge receives for the services. The compensation shall be paid
1-57 out of county funds on certification by the presiding judge of the
1-58 administrative judicial region that the special judge has rendered
1-59 the services and is entitled to receive the compensation. The
1-60 amount paid to a special judge may not be deducted or paid out of
1-61 the salary of the regular judge.
1-62 (h) The county attorney and the county sheriff shall attend
1-63 a county court at law as required by the judge. The district clerk
1-64 serves as clerk of a county court at law in family law cases and
1-65 proceedings, and the county clerk serves as clerk of the court in
1-66 all other cases and proceedings.
1-67 (i) The judge of a county court at law may appoint a court
1-68 coordinator or administrative assistant. A court coordinator or
2-1 administrative assistant performs the duties prescribed by the
2-2 judge and cooperates with the administrative judges and state
2-3 agencies for the uniform and efficient operation of the courts and
2-4 the administration of justice. The court coordinator or
2-5 administrative assistant is entitled to be paid from county funds
2-6 the compensation, fees, and allowances set by the commissioners
2-7 court or as otherwise provided by law.
2-8 (j) The commissioners court shall provide the deputy clerks,
2-9 bailiffs, and other personnel necessary to operate a county court
2-10 at law.
2-11 (k) A jury in a county court at law shall be composed of six
2-12 members.
2-13 SECTION 3. Notwithstanding Section 25.2461, Government Code,
2-14 as added by this Act, the County Court at Law of Wilbarger County
2-15 is created January 1, 1994, or on an earlier date determined by the
2-16 commissioners court by an order entered on its minutes.
2-17 SECTION 4. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.
2-22 * * * * *
2-23 Austin,
2-24 Texas
2-25 May 25, 1993
2-26 Hon. Bob Bullock
2-27 President of the Senate
2-28 Sir:
2-29 We, your Committee on Jurisprudence to which was referred H.B.
2-30 No. 1224, have had the same under consideration, and I am
2-31 instructed to report it back to the Senate with the recommendation
2-32 that it do pass and be printed.
2-33 Henderson,
2-34 Chairman
2-35 * * * * *
2-36 WITNESSES
2-37 No witnesses appeared on H.B. No. 1224.