1-1 By: Carriker S.B. No. 1314 1-2 (In the Senate - Filed March 25, 1993; March 30, 1993, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 April 27, 1993, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 5, Nays 0; April 27, 1993, 1-6 sent to printer.) 1-7 COMMITTEE VOTE 1-8 Yea Nay PNV Absent 1-9 Henderson x 1-10 Harris of Tarrant x 1-11 Brown x 1-12 Harris of Dallas x 1-13 Luna x 1-14 Parker x 1-15 West x 1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 1314 By: Harris of Tarrant 1-17 A BILL TO BE ENTITLED 1-18 AN ACT 1-19 relating to the creation of a multicounty statutory county court 1-20 composed of Fisher and Nolan counties. 1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-22 SECTION 1. Chapter 25, Government Code, is amended by adding 1-23 Subchapter E to read as follows: 1-24 SUBCHAPTER E. MULTICOUNTY COURTS IN PARTICULAR COUNTIES 1-25 Sec. 25.2701. FISHER AND NOLAN COUNTIES. Fisher and Nolan 1-26 counties have a multicounty statutory county court composed of 1-27 those counties, the Fisher and Nolan County Court at Law. 1-28 Sec. 25.2702. FISHER AND NOLAN COUNTY COURT AT LAW 1-29 PROVISIONS. (a) In addition to the jurisdiction provided by 1-30 Section 25.0003 and other law, the Fisher and Nolan County Court at 1-31 Law has concurrent jurisdiction with the district court in family 1-32 law cases and proceedings. 1-33 (b) The county court at law has concurrent jurisdiction with 1-34 the justice court in criminal matters prescribed by law for justice 1-35 courts. This section does not affect the right of appeal to a 1-36 county court at law from a justice court where the right of appeal 1-37 to the county court exists by law. 1-38 (c) The judge of the county court at law shall be paid an 1-39 annual salary that is at least equal to 75 percent of, but does not 1-40 exceed, the total annual salary paid by the state to a district 1-41 judge in the county. The salary shall be apportioned between the 1-42 counties according to the ratio a county's population bears to the 1-43 total population of Fisher and Nolan counties. 1-44 (d) The judge may not engage in the private practice of law. 1-45 (e) An official court reporter of the county court at law is 1-46 entitled to receive a salary set by the commissioners court in the 1-47 county the reporter serves to be paid out of the county treasury, 1-48 either by salary or by contract as set by the commissioners court. 1-49 The clerk of the court shall tax as costs, in each civil, criminal, 1-50 and probate case in which a record of any part of the evidence in 1-51 the case is made by the reporter, a stenographer's fee of $25. The 1-52 fee shall be paid in the same manner as other costs in the case. 1-53 The clerk collects the fee and pays it into the general fund of the 1-54 county. 1-55 (f) The district clerk serves as clerk of the county court 1-56 at law in matters of concurrent jurisdiction with the district 1-57 court, and the county clerk serves as clerk of the county court at 1-58 law in all other cases. 1-59 (g) Notwithstanding Section 74.054(b), the judge of the 1-60 county court at law may be assigned under Chapter 74 to hear a 1-61 matter pending in a district court in Fisher County or Nolan 1-62 County. 1-63 SECTION 2. Section 25.1791, Government Code, is amended to 1-64 read as follows: 1-65 Sec. 25.1791. NOLAN COUNTY. (a) Nolan County has one 1-66 statutory county court, the County Court at Law of Nolan County. 1-67 (b) This section expires, and the County Court at Law of 1-68 Nolan County is abolished, on creation of the Fisher and Nolan 2-1 County Court at Law. 2-2 SECTION 3. Section 25.1792, Government Code, is amended by 2-3 adding Subsection (o) to read as follows: 2-4 (o) This section expires on creation of the Fisher and Nolan 2-5 County Court at Law. 2-6 SECTION 4. Notwithstanding Section 25.2701, Government Code, 2-7 as added by this Act, the Fisher and Nolan County Court at Law is 2-8 created March 1, 1997, or on an earlier date as determined by an 2-9 order issued by each of the commissioners courts of Fisher and 2-10 Nolan counties. 2-11 SECTION 5. On the date the County Court at Law of Nolan 2-12 County is abolished all cases pending in the court are transferred 2-13 to the Fisher and Nolan County Court at Law. When a case is 2-14 transferred from one court to another as provided by this section, 2-15 all processes, writs, bonds, recognizances, or other obligations 2-16 issued from the transferring court are returnable to the court to 2-17 which the case is transferred as if originally issued by that 2-18 court. The obligees in all bonds and recognizances taken in and 2-19 for a court from which a case is transferred and all witnesses 2-20 summoned to appear in a court from which a case is transferred are 2-21 required to appear before the court to which a case is transferred 2-22 as if originally required to appear before the court to which the 2-23 transfer is made. 2-24 SECTION 6. Following the creation of the Fisher and Nolan 2-25 County Court at Law, if the commissioners courts of both Fisher and 2-26 Nolan counties vote to impose the additional fee authorized by 2-27 Section 51.702, Government Code, the salary contribution that the 2-28 state is required to make by Section 25.0015, Government Code, to 2-29 supplement the salary of the judge of the multicounty statutory 2-30 county court shall equal the amount of the contribution that the 2-31 state would have been required to make to both counties prior to 2-32 the creation of the multicounty statutory county court. Any state 2-33 contribution received by Fisher and Nolan counties pursuant to 2-34 Section 25.0015, Government Code, following the creation of the 2-35 Fisher and Nolan County Court at Law shall be paid to each county's 2-36 salary fund in equal monthly installments. 2-37 SECTION 7. The importance of this legislation and the 2-38 crowded condition of the calendars in both houses create an 2-39 emergency and an imperative public necessity that the 2-40 constitutional rule requiring bills to be read on three several 2-41 days in each house be suspended, and this rule is hereby suspended. 2-42 * * * * * 2-43 Austin, 2-44 Texas 2-45 April 27, 1993 2-46 Hon. Bob Bullock 2-47 President of the Senate 2-48 Sir: 2-49 We, your Committee on Jurisprudence to which was referred S.B. No. 2-50 1314, have had the same under consideration, and I am instructed to 2-51 report it back to the Senate with the recommendation that it do not 2-52 pass, but that the Committee Substitute adopted in lieu thereof do 2-53 pass and be printed. 2-54 Henderson, 2-55 Chairman 2-56 * * * * * 2-57 WITNESSES 2-58 No witnesses appeared on S.B. 1314