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.