S.B. No. 1398
AN ACT
1-1 relating to abolishing the County Criminal Court No. 5 of Tarrant
1-2 County and to creating the Tarrant County Criminal Court of
1-3 Appeals.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (b), Section 25.2221, Government Code,
1-6 is amended to read as follows:
1-7 (b) Tarrant County has the following county criminal courts:
1-8 (1) County Criminal Court No. 1 of Tarrant County;
1-9 (2) County Criminal Court No. 2 of Tarrant County;
1-10 (3) County Criminal Court No. 3 of Tarrant County;
1-11 (4) County Criminal Court No. 4 of Tarrant County;
1-12 (5) <County Criminal Court No. 5 of Tarrant County;>
1-13 <(6)> County Criminal Court No. 6 of Tarrant County;
1-14 (6) <(7)> County Criminal Court No. 7 of Tarrant
1-15 County;
1-16 (7) <(8)> County Criminal Court No. 8 of Tarrant
1-17 County;
1-18 (8) <(9)> County Criminal Court No. 9 of Tarrant
1-19 County; and
1-20 (9) <(10)> County Criminal Court No. 10 of Tarrant
1-21 County.
1-22 SECTION 2. Section 25.2221, Government Code, is amended by
1-23 adding Subsection (d) to read as follows:
1-24 (d) Tarrant County has one county criminal court of appeals,
2-1 the County Criminal Court of Appeals of Tarrant County.
2-2 SECTION 3. Subchapter C, Chapter 25, Government Code, is
2-3 amended by adding Section 25.2225 to read as follows:
2-4 Sec. 25.2225. TARRANT COUNTY CRIMINAL COURT OF APPEALS
2-5 PROVISIONS. (a) A county criminal court of appeals in Tarrant
2-6 County has concurrent jurisdiction in the county of all appeals
2-7 from criminal convictions for violation of state law or municipal
2-8 ordinances of municipalities located in the county in justice
2-9 courts, municipal courts, or municipal courts of record in the
2-10 county.
2-11 (b) A judge of a county criminal court of appeals must:
2-12 (1) be a citizen of the United States and of this
2-13 state;
2-14 (2) have been a practicing attorney of this state or a
2-15 judge of a court of this state for the four years immediately
2-16 preceding appointment or election; and
2-17 (3) have resided in the county for the two years
2-18 immediately preceding appointment or election.
2-19 (c) A judge of a county criminal court of appeals shall be
2-20 paid an annual salary that is equal to an amount that is $1,000
2-21 less than the total annual salary, including supplements and salary
2-22 increases, received by a district judge in the county. The salary
2-23 shall be paid out of the county treasury by the commissioners
2-24 court.
2-25 (d) A judge of a county criminal court of appeals may not
2-26 engage in the private practice of law and shall devote the judge's
2-27 entire time to the duties of the office.
3-1 (e) A county criminal court of appeals or its judge may
3-2 issue writs of habeas corpus and grant injunctions for the
3-3 enforcement of the penal laws in cases in which the offense charged
3-4 is within the jurisdiction of the court or any court or tribunal of
3-5 inferior jurisdiction. The court or its judge may punish for
3-6 contempt as prescribed by general law.
3-7 (f) The commissioners court, in the manner provided by law
3-8 for setting terms of county courts, shall set at least four terms
3-9 of court each year for each county criminal court of appeals.
3-10 (g) Practice in a county criminal court of appeals and
3-11 appeals from a county criminal court of appeals are as provided by
3-12 law for county courts.
3-13 (h) A special judge of a county criminal court of appeals
3-14 may be appointed or elected in the manner provided by law for the
3-15 appointment or election of a special county judge.
3-16 (i) The county sheriff, in person or by deputy, shall attend
3-17 a county criminal court of appeals as required by the judge.
3-18 (j) The official court reporter of a county criminal court
3-19 of appeals is not required to take testimony in a case in which
3-20 neither party nor the judge demands it. If the court reporter
3-21 takes testimony, the clerk shall collect a $3 fee as costs in the
3-22 case. The fee shall be paid into the county treasury.
3-23 (k) The official court reporter of a county criminal court
3-24 of appeals is entitled to receive the same fees and salary as a
3-25 district court reporter and shall perform the same duties and take
3-26 the oath of office as provided by law for district court reporters.
3-27 (l) Sections 25.0003(a) and (c) do not apply to a county
4-1 criminal court of appeals in Tarrant County. Section 25.0007 does
4-2 not apply to the County Criminal Court of Appeals of Tarrant
4-3 County.
4-4 SECTION 4. This Act takes effect January 1, 1995.
4-5 SECTION 5. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended.