By:  Shapiro                                          S.B. No. 1361
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to court administration and jurisdiction in Kaufman County
    1-2  and to the creation of the County Court at Law in Kaufman County.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter C, Chapter 25, Government Code, is
    1-5  amended by adding Sections 25.1311 and 25.1312 to read as follows:
    1-6        Sec. 25.1311.  KAUFMAN COUNTY.  Kaufman County has one
    1-7  statutory county court, the County Court at Law of Kaufman County.
    1-8        Sec. 25.1312.  KAUFMAN COUNTY COURT AT LAW PROVISIONS.
    1-9  (a)  In addition to the jurisdiction provided by Section 25.0003
   1-10  and other law, a county court at law in Kaufman County has:
   1-11              (1)  except as limited by Subsection (b), concurrent
   1-12  with the district court, the jurisdiction provided by the
   1-13  constitution and by general law for district courts; and
   1-14              (2)  concurrent with the county court, the probate
   1-15  jurisdiction provided by general law for county courts and
   1-16  concurrent jurisdiction with the district court in the same manner
   1-17  provided by general law for statutory probate courts, regardless of
   1-18  the amount in controversy.
   1-19        (b)  A county court at law does not have general supervisory
   1-20  control or appellate review of the commissioners court or
   1-21  jurisdiction of:
   1-22              (1)  felony cases involving capital murder;
   1-23              (2)  suits on behalf of the state to recover penalties
    2-1  or escheated property;
    2-2              (3)  misdemeanors involving official misconduct; or
    2-3              (4)  contested elections.
    2-4        (c)  The judge of a county court at law shall be paid an
    2-5  annual salary that is not less than $1,000 less than the total
    2-6  annual salary and supplement received from the state and county by
    2-7  a district judge in Kaufman County.
    2-8        (d)  The district clerk serves as clerk of a county court at
    2-9  law except that the county clerk shall serve in matters of mental
   2-10  health, probate, juvenile, and criminal misdemeanor dockets and all
   2-11  other civil matters in which the court does not have concurrent
   2-12  jurisdiction with the district court.
   2-13        (e)  On request of a county court at law judge, jurors
   2-14  regularly impaneled for a week by the district courts may be made
   2-15  available and shall serve for the week or until released in the
   2-16  county court at law.
   2-17        (f)  A county court at law of Kaufman County may also summon
   2-18  jurors through the county clerk for service in the court in the
   2-19  manner provided by the laws governing the drawing, selection, and
   2-20  service for county courts.  Jurors so summoned shall be paid in the
   2-21  same manner and at the same rate as those for district courts in
   2-22  Kaufman County.  By order of the judge of the court in which they
   2-23  are summoned, jurors may be transferred to the district court for
   2-24  service in noncapital felony cases.
   2-25        (g)  Notwithstanding Section 74.091, there shall only be one
    3-1  local administrative judge over all district courts and county
    3-2  courts at law in Kaufman County.  The local administrative judge
    3-3  shall be a district judge pursuant to Section 74.091.
    3-4        (h)  The district clerk administering cases for a county
    3-5  court at law shall charge civil fees and court costs as if the
    3-6  cases had been filed in the office of the district clerk.  In cases
    3-7  of concurrent jurisdiction, the cases shall be assigned to either
    3-8  the district court or county court at law in accordance with local
    3-9  administrative rules established by the local administrative judge,
   3-10  Section 74.093 notwithstanding.
   3-11        (i)  The judge of a county court at law shall appoint an
   3-12  official court reporter for the court and shall set the official
   3-13  court reporter's annual salary, subject to ratification and
   3-14  approval by the commissioners court, in the same manner as the
   3-15  district judge sets the annual salary of the court's official court
   3-16  reporter.  The official court reporter of the county court at law
   3-17  shall be subject to an oath or affirmation as an officer of the
   3-18  court, shall hold office at the pleasure of the judge of the court,
   3-19  and shall be provided at no costs to the reporter a private office
   3-20  in close proximity to the court's courtroom.  The official reporter
   3-21  shall be entitled to all rights and benefits afforded all other
   3-22  employees of Kaufman County.
   3-23        (j)  The judge of a county court at law shall also hire, with
   3-24  the approval of the commissioners court through the county budget
   3-25  process, a staff consisting of a court coordinator and a bailiff.
    4-1  Court personnel employed under this subsection are entitled to
    4-2  receive a salary set by the commissioners court and be paid in the
    4-3  same manner that other county employees are paid.  They are also
    4-4  entitled to receive the same employment benefits in addition to
    4-5  salary that other county employees receive.
    4-6        (k)  The bailiff must be a certified peace officer at the
    4-7  time of appointment or within one year of appointment or be
    4-8  removed, be deputized by the sheriff of Kaufman County, and be
    4-9  subject to the training and continuing education requirements of a
   4-10  deputy of that sheriff.
   4-11        (l)  The judge of a county court at law must be a United
   4-12  States citizen at the time of appointment or election.
   4-13        (m)  The judge of a county court at law shall diligently
   4-14  discharge the duties of the office on a full-time basis and may not
   4-15  engage in the private practice of law.
   4-16        (n)  In matters of concurrent jurisdiction, the judge of a
   4-17  county court at law and the district judge may exchange benches,
   4-18  transfer cases subject to acceptance, assign each other to hear
   4-19  cases, and otherwise manage their respective dockets in accordance
   4-20  with the orders and local administrative rules.
   4-21        (o)  The judge of the County Court at Law of Kaufman County
   4-22  has the same judicial immunity as a district judge.
   4-23        SECTION 2.  The County Court at Law of Kaufman County is
   4-24  created January 1, 1995.  The initial vacancy in the office of
   4-25  judge of the County Court at Law of Kaufman County shall be filled
    5-1  by appointment as provided by Section 25.0009, Government Code. The
    5-2  appointee holds office until the November 5, 1996, general election
    5-3  and until the successor is elected and has qualified.
    5-4        SECTION 3.  This Act takes effect September 1, 1993.
    5-5        SECTION 4.  The importance of this legislation and the
    5-6  crowded condition of the calendars in both houses create an
    5-7  emergency and an imperative public necessity that the
    5-8  constitutional rule requiring bills to be read on three several
    5-9  days in each house be suspended, and this rule is hereby suspended.