73R7962 MWV-D
          By Oakley                                             H.B. No. 2861
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of a statutory county court in Kaufman
    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 Sections 25.1311 and 25.1312 to read as follows:
    1-7        Sec. 25.1311.  KAUFMAN COUNTY.  Kaufman County has one
    1-8  statutory county court, the County Court at Law of Kaufman County.
    1-9        Sec. 25.1312.  KAUFMAN COUNTY COURT AT LAW PROVISIONS.  (a)
   1-10  In addition to the jurisdiction provided by Section 25.0003 and
   1-11  other law, a statutory county court in Kaufman County has, except
   1-12  as limited by Subsection (b), the jurisdiction provided by the
   1-13  constitution and general law for district courts.
   1-14        (b)  A statutory county court in Kaufman County does not have
   1-15  general supervisory control or appellate review of the
   1-16  commissioners court or jurisdiction of:
   1-17              (1)  felony cases involving capital murder;
   1-18              (2)  suits on behalf of the state to recover penalties
   1-19  or escheated property;
   1-20              (3)  misdemeanors involving official misconduct; or
   1-21              (4)  contested elections.
   1-22        (c)  The district clerk serves as clerk of a statutory county
   1-23  court except that the county clerk serves as clerk of the
   1-24  statutory county court in matters of mental health, probate,
    2-1  juvenile and criminal misdemeanor docket, and all civil matters in
    2-2  which the statutory county court does not have concurrent
    2-3  jurisdiction with the district court.
    2-4        (d)  Jurors regularly impaneled for the week by the district
    2-5  courts may, at the request of a statutory county court judge, be
    2-6  made available by the district judge in the numbers requested and
    2-7  shall serve for the week or until released in the statutory county
    2-8  court.
    2-9        (e)  A statutory county court may summon jurors through the
   2-10  county clerk for service in the statutory county court in the
   2-11  manner provided by the laws governing the drawing, selection, and
   2-12  service of jurors for county courts.  Jurors summoned shall be paid
   2-13  in the same manner and at the same rate as jurors for district
   2-14  courts in Kaufman County.  By order of the judge of a statutory
   2-15  county court, jurors summoned to the statutory county court may be
   2-16  transferred to the district court for service in noncapital felony
   2-17  cases.
   2-18        (f)  Notwithstanding Sections 74.091 and 74.0911, a district
   2-19  judge serves as the local administrative judge for the district and
   2-20  statutory county courts in Kaufman County.  The judges of district
   2-21  courts shall elect a district judge as local administrative judge
   2-22  for a term of not more than two years.  The local administrative
   2-23  judge may not be elected on the basis of rotation or seniority.
   2-24        (g)  When administering a case for the statutory county
   2-25  court, the district clerk shall charge civil fees and court costs
   2-26  as if the case had been filed in the district court.  In a case of
   2-27  concurrent jurisdiction, the case shall be assigned to either the
    3-1  district court or statutory county court in accordance with local
    3-2  administrative rules established by the local administrative judge.
    3-3        (h)  The judge of the statutory county court shall appoint an
    3-4  official court reporter for the court and shall set the official
    3-5  court reporter's annual salary, subject to approval by the county
    3-6  commissioners court.  The official court reporter of the statutory
    3-7  county court shall take an oath or affirmation as an officer of the
    3-8  court, holds office at the pleasure of the judge of the court, and
    3-9  shall be provided a private office in close proximity to the court.
   3-10  The official court reporter is entitled to all rights and benefits
   3-11  afforded all other county employees.
   3-12        (i)  With the approval of the county commissioners court and
   3-13  through the county budget process, the judge of the statutory
   3-14  county court shall hire a staff.  The staff of the judge of the
   3-15  statutory county court consists of a court coordinator and a
   3-16  bailiff.  Court personnel employed under this subsection are
   3-17  entitled to receive a salary set by the commissioners court and
   3-18  other employment benefits received by county employees.
   3-19        (j)  Not later than one year after the date of appointment,
   3-20  the bailiff of a statutory county court must have received a peace
   3-21  officer license under Chapter 415 from the Commission on Law
   3-22  Enforcement Officer Standards and Education.  The sheriff of
   3-23  Kaufman County shall deputize the bailiff of a statutory county
   3-24  court.  The bailiff of a statutory county court is subject to the
   3-25  training and continuing education requirements of a sheriff's
   3-26  deputy of the county.  The sheriff shall remove from office a
   3-27  bailiff who does not receive a peace officer license within one
    4-1  year of appointment as required by this subsection.
    4-2        (k)  The judge of a statutory county court must be a United
    4-3  States citizen at the time of appointment or election.
    4-4        (l)  The judge of a statutory county court shall diligently
    4-5  discharge the duties of the office on a full-time basis and may not
    4-6  engage in the private practice of law.
    4-7        (m)  In matters of concurrent jurisdiction, the judge of a
    4-8  statutory county court and the district judge may exchange benches,
    4-9  transfer cases, subject to acceptance, assign each other to hear
   4-10  cases, and otherwise manage their respective dockets under local
   4-11  administrative rules.
   4-12        (n)  The judge of a statutory county court has the same
   4-13  judicial immunity as a district judge.
   4-14        SECTION 2.  The County Court at Law of Kaufman County is
   4-15  created and this Act takes effect January 1, 1995.
   4-16        SECTION 3.  The importance of this legislation and the
   4-17  crowded condition of the calendars in both houses create an
   4-18  emergency and an imperative public necessity that the
   4-19  constitutional rule requiring bills to be read on three several
   4-20  days in each house be suspended, and this rule is hereby suspended.