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.