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.