By: Carriker S.B. No. 1314
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of a multicounty statutory county court
1-2 composed of Fisher and Nolan counties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 25, Government Code, is amended by adding
1-5 Subchapter E to read as follows:
1-6 SUBCHAPTER E. MULTICOUNTY COURTS IN PARTICULAR COUNTIES
1-7 Sec. 25.2701. FISHER AND NOLAN COUNTIES. Fisher and Nolan
1-8 counties have a multicounty statutory county court composed of
1-9 those counties, the Fisher and Nolan County Court at Law.
1-10 Sec. 25.2702. FISHER AND NOLAN COUNTY COURT AT LAW
1-11 PROVISIONS. (a) In addition to the jurisdiction provided by
1-12 Section 25.0003 and other law, the Fisher and Nolan County Court at
1-13 Law has concurrent jurisdiction with the district court in family
1-14 law cases and proceedings.
1-15 (b) The county court at law has concurrent jurisdiction with
1-16 the justice court in criminal matters prescribed by law for justice
1-17 courts. This section does not affect the right of appeal to a
1-18 county court at law from a justice court where the right of appeal
1-19 to the county court exists by law.
1-20 (c) The judge of the county court at law shall be paid an
1-21 annual salary that is at least equal to 75 percent of, but does not
1-22 exceed, the total annual salary paid by the state to a district
1-23 judge in the county. The salary shall be apportioned between the
1-24 counties according to the ratio a county's population bears to the
2-1 total population of Fisher and Nolan counties.
2-2 (d) The judge may not engage in the private practice of law.
2-3 (e) An official court reporter of the county court at law is
2-4 entitled to receive a salary set by the commissioners court in the
2-5 county the reporter serves to be paid out of the county treasury,
2-6 either by salary or by contract as set by the commissioners court.
2-7 The clerk of the court shall tax as costs, in each civil, criminal,
2-8 and probate case in which a record of any part of the evidence in
2-9 the case is made by the reporter, a stenographer's fee of $25. The
2-10 fee shall be paid in the same manner as other costs in the case.
2-11 The clerk collects the fee and pays it into the general fund of the
2-12 county.
2-13 (f) The district clerk serves as clerk of the county court
2-14 at law in matters of concurrent jurisdiction with the district
2-15 court, and the county clerk serves as clerk of the county court at
2-16 law in all other cases.
2-17 (g) Notwithstanding Section 74.054(b), the judge of the
2-18 county court at law may be assigned under Chapter 74 to hear a
2-19 matter pending in a district court in Fisher County or Nolan
2-20 County.
2-21 SECTION 2. Section 25.1791, Government Code, is amended to
2-22 read as follows:
2-23 Sec. 25.1791. NOLAN COUNTY. (a) Nolan County has one
2-24 statutory county court, the County Court at Law of Nolan County.
2-25 (b) This section expires, and the County Court at Law of
2-26 Nolan County is abolished, on creation of the Fisher and Nolan
2-27 County Court at Law.
3-1 SECTION 3. Section 25.1792, Government Code, is amended by
3-2 adding Subsection (o) to read as follows:
3-3 (o) This section expires on creation of the Fisher and Nolan
3-4 County Court at Law.
3-5 SECTION 4. Notwithstanding Section 25.2701, Government Code,
3-6 as added by this Act, the Fisher and Nolan County Court at Law is
3-7 created March 1, 1997, or on an earlier date as determined by an
3-8 order issued by each of the commissioners courts of Fisher and
3-9 Nolan counties.
3-10 SECTION 5. On the date the County Court at Law of Nolan
3-11 County is abolished all cases pending in the court are transferred
3-12 to the Fisher and Nolan County Court at Law. When a case is
3-13 transferred from one court to another as provided by this section,
3-14 all processes, writs, bonds, recognizances, or other obligations
3-15 issued from the transferring court are returnable to the court to
3-16 which the case is transferred as if originally issued by that
3-17 court. The obligees in all bonds and recognizances taken in and
3-18 for a court from which a case is transferred and all witnesses
3-19 summoned to appear in a court from which a case is transferred are
3-20 required to appear before the court to which a case is transferred
3-21 as if originally required to appear before the court to which the
3-22 transfer is made.
3-23 SECTION 6. Following the creation of the Fisher and Nolan
3-24 County Court at Law, if the commissioners courts of both Fisher and
3-25 Nolan counties vote to impose the additional fee authorized by
3-26 Section 51.702, Government Code, the salary contribution that the
3-27 state is required to make by Section 25.0015, Government Code, to
4-1 supplement the salary of the judge of the multicounty statutory
4-2 county court shall equal the amount of the contribution that the
4-3 state would have been required to make to both counties prior to
4-4 the creation of the multicounty statutory county court. Any state
4-5 contribution received by Fisher and Nolan counties pursuant to
4-6 Section 25.0015, Government Code, following the creation of the
4-7 Fisher and Nolan County Court at Law shall be paid to each county's
4-8 salary fund in equal monthly installments.
4-9 SECTION 7. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended.