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.