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.