1-1 By: Shapiro S.B. No. 1361 1-2 (In the Senate - Filed April 13, 1993; April 14, 1993, read 1-3 first time and referred to Committee on Jurisprudence; May 4, 1993, 1-4 reported adversely, with favorable Committee Substitute by the 1-5 following vote: Yeas 7, Nays 0; May 4, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Henderson x 1-9 Harris of Tarrant x 1-10 Brown x 1-11 Harris of Dallas x 1-12 Luna x 1-13 Parker x 1-14 West x 1-15 COMMITTEE SUBSTITUTE FOR S.B. No. 1361 By: Henderson 1-16 A BILL TO BE ENTITLED 1-17 AN ACT 1-18 relating to the creation of a statutory county court in Kaufman 1-19 County. 1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-21 SECTION 1. Subchapter C, Chapter 25, Government Code, is 1-22 amended by adding Sections 25.1311 and 25.1312 to read as follows: 1-23 Sec. 25.1311. KAUFMAN COUNTY. Kaufman County has one 1-24 statutory county court, the County Court at Law of Kaufman County. 1-25 Sec. 25.1312. KAUFMAN COUNTY COURT AT LAW PROVISIONS. 1-26 (a) In addition to the jurisdiction provided by Section 25.0003 1-27 and other law, a statutory county court in Kaufman County has, 1-28 except as limited by Subsection (b), the jurisdiction provided by 1-29 the constitution and general law for district courts. 1-30 (b) A statutory county court in Kaufman County does not have 1-31 general supervisory control or appellate review of the 1-32 commissioners court or jurisdiction of: 1-33 (1) felony cases involving capital murder; 1-34 (2) suits on behalf of the state to recover penalties 1-35 or escheated property; 1-36 (3) misdemeanors involving official misconduct; or 1-37 (4) contested elections. 1-38 (c) The district clerk serves as clerk of a statutory county 1-39 court except that the county clerk serves as clerk of the 1-40 statutory county court in matters of mental health, probate, 1-41 juvenile and criminal misdemeanor docket, and all civil matters in 1-42 which the statutory county court does not have concurrent 1-43 jurisdiction with the district court. 1-44 (d) Jurors regularly impaneled for the week by the district 1-45 courts may, at the request of a statutory county court judge, be 1-46 made available by the district judge in the numbers requested and 1-47 shall serve for the week or until released in the statutory county 1-48 court. 1-49 (e) A statutory county court may summon jurors through the 1-50 county clerk for service in the statutory county court in the 1-51 manner provided by the laws governing the drawing, selection, and 1-52 service of jurors for county courts. Jurors summoned shall be paid 1-53 in the same manner and at the same rate as jurors for district 1-54 courts in Kaufman County. By order of the judge of a statutory 1-55 county court, jurors summoned to the statutory county court may be 1-56 transferred to the district court for service in noncapital felony 1-57 cases. 1-58 (f) Notwithstanding Sections 74.091 and 74.0911, a district 1-59 judge serves as the local administrative judge for the district and 1-60 statutory county courts in Kaufman County. The judges of district 1-61 courts shall elect a district judge as local administrative judge 1-62 for a term of not more than two years. The local administrative 1-63 judge may not be elected on the basis of rotation or seniority. 1-64 (g) When administering a case for the statutory county 1-65 court, the district clerk shall charge civil fees and court costs 1-66 as if the case had been filed in the district court. In a case of 1-67 concurrent jurisdiction, the case shall be assigned to either the 1-68 district court or statutory county court in accordance with local 2-1 administrative rules established by the local administrative judge. 2-2 (h) The judge of the statutory county court shall appoint an 2-3 official court reporter for the court and shall set the official 2-4 court reporter's annual salary, subject to approval by the county 2-5 commissioners court. The official court reporter of the statutory 2-6 county court shall take an oath or affirmation as an officer of the 2-7 court, holds office at the pleasure of the judge of the court, and 2-8 shall be provided a private office in close proximity to the court. 2-9 The official court reporter is entitled to all rights and benefits 2-10 afforded all other county employees. 2-11 (i) With the approval of the county commissioners court and 2-12 through the county budget process, the judge of the statutory 2-13 county court shall hire a staff. The staff of the judge of the 2-14 statutory county court consists of a court coordinator and a 2-15 bailiff. Court personnel employed under this subsection are 2-16 entitled to receive a salary set by the commissioners court and 2-17 other employment benefits received by county employees. 2-18 (j) Not later than one year after the date of appointment, 2-19 the bailiff of a statutory county court must have received a peace 2-20 officer license under Chapter 415 from the Commission on Law 2-21 Enforcement Officer Standards and Education. The sheriff of 2-22 Kaufman County shall deputize the bailiff of a statutory county 2-23 court. The bailiff of a statutory county court is subject to the 2-24 training and continuing education requirements of a sheriff's 2-25 deputy of the county. The sheriff shall remove from office a 2-26 bailiff who does not receive a peace officer license within one 2-27 year of appointment as required by this subsection. 2-28 (k) The judge of a statutory county court must be a United 2-29 States citizen at the time of appointment or election. 2-30 (l) The judge of a statutory county court shall diligently 2-31 discharge the duties of the office on a full-time basis and may not 2-32 engage in the private practice of law. 2-33 (m) In matters of concurrent jurisdiction, the judge of a 2-34 statutory county court and the district judge may exchange benches, 2-35 transfer cases, subject to acceptance, assign each other to hear 2-36 cases, and otherwise manage their respective dockets under local 2-37 administrative rules. 2-38 (n) The judge of a statutory county court has the same 2-39 judicial immunity as a district judge. 2-40 SECTION 2. The County Court at Law of Kaufman County is 2-41 created and this Act takes effect January 1, 1995. 2-42 SECTION 3. The importance of this legislation and the 2-43 crowded condition of the calendars in both houses create an 2-44 emergency and an imperative public necessity that the 2-45 constitutional rule requiring bills to be read on three several 2-46 days in each house be suspended, and this rule is hereby suspended. 2-47 * * * * * 2-48 Austin, 2-49 Texas 2-50 May 4, 1993 2-51 Hon. Bob Bullock 2-52 President of the Senate 2-53 Sir: 2-54 We, your Committee on Jurisprudence to which was referred S.B. No. 2-55 1361, have had the same under consideration, and I am instructed to 2-56 report it back to the Senate with the recommendation that it do not 2-57 pass, but that the Committee Substitute adopted in lieu thereof do 2-58 pass and be printed. 2-59 Henderson, 2-60 Chairman 2-61 * * * * * 2-62 WITNESSES 2-63 No witnesses appeared on S.B. No. 1361.