73R6777 RJA-F
          By Goodman, et al.                                    H.B. No. 2847
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of the 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, 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  the County Criminal Court of Appeals of Tarrant County.
    1-9        SECTION 2.  Subchapter C, Chapter 25, Government Code, is
   1-10  amended by adding Section 25.2225 to read as follows:
   1-11        Sec. 25.2225.  TARRANT COUNTY CRIMINAL COURT OF APPEALS
   1-12  PROVISIONS.  (a)  A county criminal court of appeals in Tarrant
   1-13  County has concurrent jurisdiction in the county of all appeals
   1-14  from criminal convictions for violation of state law or municipal
   1-15  ordinances of municipalities located in the county in justice
   1-16  courts, municipal courts, or municipal courts of record in the
   1-17  county.
   1-18        (b)  A judge of a county criminal court of appeals must:
   1-19              (1)  be a citizen of the United States and of this
   1-20  state;
   1-21              (2)  have been a practicing attorney of this state or a
   1-22  judge of a court of this state for the four years immediately
   1-23  preceding appointment or election; and
   1-24              (3)  have resided in the county for the two years
    2-1  immediately preceding appointment or election.
    2-2        (c)  A judge of a county criminal court of appeals shall be
    2-3  paid an annual salary that is equal to an amount that is $1,000
    2-4  less than the total annual salary, including supplements and salary
    2-5  increases, received by a district judge in the county.  The salary
    2-6  shall be paid out of the county treasury by the commissioners
    2-7  court.
    2-8        (d)  A judge of a county criminal court of appeals may not
    2-9  engage in the private practice of law and shall devote the judge's
   2-10  entire time to the duties of the office.
   2-11        (e)  A county criminal court of appeals or its judge may
   2-12  issue writs of habeas corpus and grant injunctions for the
   2-13  enforcement of the penal laws in cases in which the offense charged
   2-14  is within the jurisdiction of the court or any court or tribunal of
   2-15  inferior jurisdiction.  The court or its judge may punish for
   2-16  contempt as prescribed by general law.
   2-17        (f)  The commissioners court, in the manner provided by law
   2-18  for setting terms of county courts, shall set at least four terms
   2-19  of court each year for each county criminal court of appeals.
   2-20        (g)  Practice in a county criminal court of appeals and
   2-21  appeals from a county criminal court of appeals are as provided by
   2-22  law for county courts.
   2-23        (h)  A special judge of a county criminal court of appeals
   2-24  may be appointed or elected in the manner provided by law for the
   2-25  appointment or election of a special county judge.
   2-26        (i)  The county sheriff, in person or by deputy, shall attend
   2-27  a county criminal court of appeals as required by the judge.
    3-1        (j)  The official court reporter of a county criminal court
    3-2  of 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
    3-7  of 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        (l)  Sections 25.0003(a) and (c) do not apply to a county
   3-11  criminal court of appeals in Tarrant County.  Section 25.0007 does
   3-12  not apply to the County Criminal Court of Appeals of Tarrant
   3-13  County.
   3-14        SECTION 3.  Notwithstanding Section 25.2221(d), Government
   3-15  Code, as added by this Act, the County Criminal Court of Appeals of
   3-16  Tarrant County is created October 1, 1997, or on an earlier date
   3-17  determined by the commissioners court by an order entered in its
   3-18  minutes.
   3-19        SECTION 4.  The commissioners court shall appoint a person to
   3-20  fill the vacancy existing on the creation of the office of judge of
   3-21  the County Criminal Court of Appeals of Tarrant County as provided
   3-22  by Section 25.0009, Government Code.
   3-23        SECTION 5.  This Act takes effect September 1, 1993.
   3-24        SECTION 6.  The importance of this legislation and the
   3-25  crowded condition of the calendars in both houses create an
   3-26  emergency and an imperative public necessity that the
   3-27  constitutional rule requiring bills to be read on three several
    4-1  days in each house be suspended, and this rule is hereby suspended.