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