By Goodman, et al. H.B. No. 1869
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a Tarrant County Criminal Court of
1-3 Appeals.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 25.2221 of the Government Code is amended by
1-6 adding subsection (d) to read as follows:
1-7 (d) Tarrant County has one County Criminal Court of Appeals.
1-8 SECTION 2. Chapter 25, Government Code is amended by adding
1-9 Section 25.2225 to read as follows:
1-10 (a) A county criminal court of appeals in Tarrant County has:
1-11 (1) concurrent jurisdiction in the county of all appeals
1-12 from criminal convictions for violation of state law or municipal
1-13 ordinances of municipalities located in the county in justice
1-14 courts, municipal courts, or municipal courts of record in the
1-15 county.
1-16 (b) A judge of a county criminal court of appeals must:
1-17 (1) be a citizen of the United States and of this state;
1-18 (2) have been a practicing attorney of this state or a judge
1-19 of a court of this state for the four years immediately preceding
1-20 appointment or election; and
1-21 (3) have resided in the county for the two years immediately
1-22 preceding appointment or election.
1-23 (c) A judge of a county criminal court of appeals shall be paid an
2-1 annual salary that is equal to an amount that is $1,000 less than
2-2 the total annual salary, including supplements and salary
2-3 increases, received by a district judge in the county. The salary
2-4 shall be paid out of the county treasury by the commissioners
2-5 court.
2-6 (d) A judge of a county criminal court of appeals may not engage
2-7 in the practice of law and shall devote his entire time to the
2-8 duties of the office.
2-9 (e) A county criminal court of appeals or its judge may issue
2-10 writs of habeas corpus and grant injunctions for the enforcement of
2-11 the penal laws in cases in which the offense charged is within the
2-12 jurisdiction of the court of any court or tribunal of inferior
2-13 jurisdiction. The court or its judge may punish for contempt as
2-14 prescribed by general law.
2-15 (f) The commissioners court, in the manner provided by law for
2-16 setting terms of county courts, shall set at least four terms of
2-17 court each year for each county criminal court of appeals.
2-18 (g) Practice in a county criminal court of appeals and appeals
2-19 from a county criminal court of appeals are as provided by law for
2-20 county courts.
2-21 (h) A special judge of a county criminal court of appeals may be
2-22 appointed or elected in the manner provided by law for the
2-23 appointment or election of a special county judge.
2-24 (i) The county sheriff, in person or by deputy, shall attend a
2-25 county criminal court of appeals as required by the judge.
3-1 (j) The official court reporter of a county criminal court of
3-2 appeals is not required to take testimony in a case in which
3-3 neither party nor the judge demands it. If the court reporter
3-4 takes testimony, the clerk shall collect a $3 fee as costs in the
3-5 case. The fee shall be paid into the county treasury.
3-6 (k) The official court reporter of a county criminal court of
3-7 appeals is entitled to receive the same fees and salary as a
3-8 district court reporter and shall perform the same duties and take
3-9 the oath of office as provided by law for district court reporters.
3-10 (1) Sections 25.0003(a) and (c) do not apply to a county criminal
3-11 court of appeals in Tarrant County. Section 25.007 does not apply
3-12 to the County Criminal Court of Appeals of Tarrant County, Texas.
3-13 SECTION 3. Notwithstanding Section 25.2221(d), Government Code,
3-14 the County Criminal Court of Appeals is created on the date
3-15 determined by the commissioners court by an order entered in its
3-16 minutes.
3-17 SECTION 4. The Commissioners Court of Tarrant County shall appoint
3-18 a person to fill the vacancy existing on the creation of the office
3-19 of judge of the County Criminal Court of Appeals of Tarrant County
3-20 as provided by Section 25,009, Government Code.
3-21 SECTION 5. This Act takes effect September 1, 1993.
3-22 SECTION 6. The importance of this legislation and the crowded
3-23 condition of the calendars in both houses create an emergency and
3-24 an imperative public necessity that the constitutional rule
3-25 requiring bills to be read on three several days in each house be
4-1 suspended, and this rule in hereby suspended.