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.