By: Harris of Tarrant S.B. No. 1398
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of the Tarrant County Criminal Court of
1-2 Appeals.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 25.2221, Government Code, is amended by
1-5 adding Subsection (d) to read as follows:
1-6 (d) Tarrant County has one county criminal court of appeals,
1-7 the County Criminal Court of Appeals of Tarrant County.
1-8 SECTION 2. Subchapter C, Chapter 25, Government Code, is
1-9 amended by adding Section 25.2225 to read as follows:
1-10 Sec. 25.2225. TARRANT COUNTY CRIMINAL COURT OF APPEALS
1-11 PROVISIONS. (a) A county criminal court of appeals in Tarrant
1-12 County has concurrent jurisdiction in the county of all appeals
1-13 from criminal convictions for violation of state law or municipal
1-14 ordinances of municipalities located in the county in justice
1-15 courts, municipal courts, or municipal courts of record in the
1-16 county.
1-17 (b) A judge of a county criminal court of appeals must:
1-18 (1) be a citizen of the United States and of this
1-19 state;
1-20 (2) have been a practicing attorney of this state or a
1-21 judge of a court of this state for the four years immediately
1-22 preceding appointment or election; and
1-23 (3) have resided in the county for the two years
1-24 immediately preceding appointment or election.
2-1 (c) A judge of a county criminal court of appeals shall be
2-2 paid an annual salary that is equal to an amount that is $1,000
2-3 less than the total annual salary, including supplements and salary
2-4 increases, received by a district judge in the county. The salary
2-5 shall be paid out of the county treasury by the commissioners
2-6 court.
2-7 (d) A judge of a county criminal court of appeals may not
2-8 engage in the private practice of law and shall devote the judge's
2-9 entire time to the duties of the office.
2-10 (e) A county criminal court of appeals or its judge may
2-11 issue writs of habeas corpus and grant injunctions for the
2-12 enforcement of the penal laws in cases in which the offense charged
2-13 is within the jurisdiction of the court or any court or tribunal of
2-14 inferior jurisdiction. The court or its judge may punish for
2-15 contempt as prescribed by general law.
2-16 (f) The commissioners court, in the manner provided by law
2-17 for setting terms of county courts, shall set at least four terms
2-18 of court each year for each county criminal court of appeals.
2-19 (g) Practice in a county criminal court of appeals and
2-20 appeals from a county criminal court of appeals are as provided by
2-21 law for county courts.
2-22 (h) A special judge of a county criminal court of appeals
2-23 may be appointed or elected in the manner provided by law for the
2-24 appointment or election of a special county judge.
2-25 (i) The county sheriff, in person or by deputy, shall attend
2-26 a county criminal court of appeals as required by the judge.
2-27 (j) The official court reporter of a county criminal court
3-1 of appeals is not required to take testimony in a case in which
3-2 neither party nor the judge demands it. If the court reporter
3-3 takes testimony, the clerk shall collect a $3 fee as costs in the
3-4 case. The fee shall be paid into the county treasury.
3-5 (k) The official court reporter of a county criminal court
3-6 of appeals is entitled to receive the same fees and salary as a
3-7 district court reporter and shall perform the same duties and take
3-8 the oath of office as provided by law for district court reporters.
3-9 (l) Sections 25.0003(a) and (c) do not apply to a county
3-10 criminal court of appeals in Tarrant County. Section 25.0007 does
3-11 not apply to the County Criminal Court of Appeals of Tarrant
3-12 County.
3-13 SECTION 3. Notwithstanding Subsection (d), Section 25.2221,
3-14 Government Code, as added by this Act, the County Criminal Court of
3-15 Appeals of Tarrant County is created October 1, 1997, or on an
3-16 earlier date determined by the commissioners court by an order
3-17 entered in its minutes.
3-18 SECTION 4. The commissioners court shall appoint a person to
3-19 fill the vacancy existing on the creation of the office of judge of
3-20 the County Criminal Court of Appeals of Tarrant County as provided
3-21 by Section 25.0009, Government Code.
3-22 SECTION 5. This Act takes effect September 1, 1993.
3-23 SECTION 6. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule in hereby suspended.