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.