1-1 By: Harris of Tarrant S.B. No. 1398
1-2 (In the Senate - Filed April 21, 1993; April 22, 1993, read
1-3 first time and referred to Committee on Jurisprudence; May 4, 1993,
1-4 reported favorably by the following vote: Yeas 7, Nays 0;
1-5 May 4, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the creation of the Tarrant County Criminal Court of
1-18 Appeals.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Section 25.2221, Government Code, is amended by
1-21 adding Subsection (d) to read as follows:
1-22 (d) Tarrant County has one county criminal court of appeals,
1-23 the County Criminal Court of Appeals of Tarrant County.
1-24 SECTION 2. Subchapter C, Chapter 25, Government Code, is
1-25 amended by adding Section 25.2225 to read as follows:
1-26 Sec. 25.2225. TARRANT COUNTY CRIMINAL COURT OF APPEALS
1-27 PROVISIONS. (a) A county criminal court of appeals in Tarrant
1-28 County has concurrent jurisdiction in the county of all appeals
1-29 from criminal convictions for violation of state law or municipal
1-30 ordinances of municipalities located in the county in justice
1-31 courts, municipal courts, or municipal courts of record in the
1-32 county.
1-33 (b) A judge of a county criminal court of appeals must:
1-34 (1) be a citizen of the United States and of this
1-35 state;
1-36 (2) have been a practicing attorney of this state or a
1-37 judge of a court of this state for the four years immediately
1-38 preceding appointment or election; and
1-39 (3) have resided in the county for the two years
1-40 immediately preceding appointment or election.
1-41 (c) A judge of a county criminal court of appeals shall be
1-42 paid an annual salary that is equal to an amount that is $1,000
1-43 less than the total annual salary, including supplements and salary
1-44 increases, received by a district judge in the county. The salary
1-45 shall be paid out of the county treasury by the commissioners
1-46 court.
1-47 (d) A judge of a county criminal court of appeals may not
1-48 engage in the private practice of law and shall devote the judge's
1-49 entire time to the duties of the office.
1-50 (e) A county criminal court of appeals or its judge may
1-51 issue writs of habeas corpus and grant injunctions for the
1-52 enforcement of the penal laws in cases in which the offense charged
1-53 is within the jurisdiction of the court or any court or tribunal of
1-54 inferior jurisdiction. The court or its judge may punish for
1-55 contempt as prescribed by general law.
1-56 (f) The commissioners court, in the manner provided by law
1-57 for setting terms of county courts, shall set at least four terms
1-58 of court each year for each county criminal court of appeals.
1-59 (g) Practice in a county criminal court of appeals and
1-60 appeals from a county criminal court of appeals are as provided by
1-61 law for county courts.
1-62 (h) A special judge of a county criminal court of appeals
1-63 may be appointed or elected in the manner provided by law for the
1-64 appointment or election of a special county judge.
1-65 (i) The county sheriff, in person or by deputy, shall attend
1-66 a county criminal court of appeals as required by the judge.
1-67 (j) The official court reporter of a county criminal court
1-68 of appeals is not required to take testimony in a case in which
2-1 neither party nor the judge demands it. If the court reporter
2-2 takes testimony, the clerk shall collect a $3 fee as costs in the
2-3 case. The fee shall be paid into the county treasury.
2-4 (k) The official court reporter of a county criminal court
2-5 of appeals is entitled to receive the same fees and salary as a
2-6 district court reporter and shall perform the same duties and take
2-7 the oath of office as provided by law for district court reporters.
2-8 (l) Sections 25.0003(a) and (c) do not apply to a county
2-9 criminal court of appeals in Tarrant County. Section 25.0007 does
2-10 not apply to the County Criminal Court of Appeals of Tarrant
2-11 County.
2-12 SECTION 3. Notwithstanding Subsection (d), Section 25.2221,
2-13 Government Code, as added by this Act, the County Criminal Court of
2-14 Appeals of Tarrant County is created October 1, 1997, or on an
2-15 earlier date determined by the commissioners court by an order
2-16 entered in its minutes.
2-17 SECTION 4. The commissioners court shall appoint a person to
2-18 fill the vacancy existing on the creation of the office of judge of
2-19 the County Criminal Court of Appeals of Tarrant County as provided
2-20 by Section 25.0009, Government Code.
2-21 SECTION 5. This Act takes effect September 1, 1993.
2-22 SECTION 6. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule in hereby suspended.
2-27 * * * * *
2-28 Austin,
2-29 Texas
2-30 May 4, 1993
2-31 Hon. Bob Bullock
2-32 President of the Senate
2-33 Sir:
2-34 We, your Committee on Jurisprudence to which was referred S.B.
2-35 No. 1398, have had the same under consideration, and I am
2-36 instructed to report it back to the Senate with the recommendation
2-37 that it do pass and be printed.
2-38 Henderson,
2-39 Chairman
2-40 * * * * *
2-41 WITNESSES
2-42 No witnesses appeared on S.B. No. 1398.