73R10802 RJA-D
By Harris of Tarrant S.B. No. 1398
Substitute the following for S.B. No. 1398:
By Hilbert C.S.S.B. No. 1398
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to abolishing the County Criminal Court No. 5 of Tarrant
1-3 County and to creating the Tarrant County Criminal Court of
1-4 Appeals.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 25.2221(b), Government Code, is amended
1-7 to read as follows:
1-8 (b) Tarrant County has the following county criminal courts:
1-9 (1) County Criminal Court No. 1 of Tarrant County;
1-10 (2) County Criminal Court No. 2 of Tarrant County;
1-11 (3) County Criminal Court No. 3 of Tarrant County;
1-12 (4) County Criminal Court No. 4 of Tarrant County;
1-13 (5) <County Criminal Court No. 5 of Tarrant County;>
1-14 <(6)> County Criminal Court No. 6 of Tarrant County;
1-15 (6) <(7)> County Criminal Court No. 7 of Tarrant
1-16 County;
1-17 (7) <(8)> County Criminal Court No. 8 of Tarrant
1-18 County;
1-19 (8) <(9)> County Criminal Court No. 9 of Tarrant
1-20 County; and
1-21 (9) <(10)> County Criminal Court No. 10 of Tarrant
1-22 County.
1-23 SECTION 2. Section 25.2221, Government Code, is amended by
1-24 adding Subsection (d) to read as follows:
2-1 (d) Tarrant County has one county criminal court of appeals,
2-2 the County Criminal Court of Appeals of Tarrant County.
2-3 SECTION 3. Subchapter C, Chapter 25, Government Code, is
2-4 amended by adding Section 25.2225 to read as follows:
2-5 Sec. 25.2225. TARRANT COUNTY CRIMINAL COURT OF APPEALS
2-6 PROVISIONS. (a) A county criminal court of appeals in Tarrant
2-7 County has concurrent jurisdiction in the county of all appeals
2-8 from criminal convictions for violation of state law or municipal
2-9 ordinances of municipalities located in the county in justice
2-10 courts, municipal courts, or municipal courts of record in the
2-11 county.
2-12 (b) A judge of a county criminal court of appeals must:
2-13 (1) be a citizen of the United States and of this
2-14 state;
2-15 (2) have been a practicing attorney of this state or a
2-16 judge of a court of this state for the four years immediately
2-17 preceding appointment or election; and
2-18 (3) have resided in the county for the two years
2-19 immediately preceding appointment or election.
2-20 (c) A judge of a county criminal court of appeals shall be
2-21 paid an annual salary that is equal to an amount that is $1,000
2-22 less than the total annual salary, including supplements and salary
2-23 increases, received by a district judge in the county. The salary
2-24 shall be paid out of the county treasury by the commissioners
2-25 court.
2-26 (d) A judge of a county criminal court of appeals may not
2-27 engage in the private practice of law and shall devote the judge's
3-1 entire time to the duties of the office.
3-2 (e) A county criminal court of appeals or its judge may
3-3 issue writs of habeas corpus and grant injunctions for the
3-4 enforcement of the penal laws in cases in which the offense charged
3-5 is within the jurisdiction of the court or any court or tribunal of
3-6 inferior jurisdiction. The court or its judge may punish for
3-7 contempt as prescribed by general law.
3-8 (f) The commissioners court, in the manner provided by law
3-9 for setting terms of county courts, shall set at least four terms
3-10 of court each year for each county criminal court of appeals.
3-11 (g) Practice in a county criminal court of appeals and
3-12 appeals from a county criminal court of appeals are as provided by
3-13 law for county courts.
3-14 (h) A special judge of a county criminal court of appeals
3-15 may be appointed or elected in the manner provided by law for the
3-16 appointment or election of a special county judge.
3-17 (i) The county sheriff, in person or by deputy, shall attend
3-18 a county criminal court of appeals as required by the judge.
3-19 (j) The official court reporter of a county criminal court
3-20 of appeals is not required to take testimony in a case in which
3-21 neither party nor the judge demands it. If the court reporter
3-22 takes testimony, the clerk shall collect a $3 fee as costs in the
3-23 case. The fee shall be paid into the county treasury.
3-24 (k) The official court reporter of a county criminal court
3-25 of appeals is entitled to receive the same fees and salary as a
3-26 district court reporter and shall perform the same duties and take
3-27 the oath of office as provided by law for district court reporters.
4-1 (l) Sections 25.0003(a) and (c) do not apply to a county
4-2 criminal court of appeals in Tarrant County. Section 25.0007 does
4-3 not apply to the County Criminal Court of Appeals of Tarrant
4-4 County.
4-5 SECTION 4. This Act takes effect January 1, 1995.
4-6 SECTION 5. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.