74R9754 MWV-F
By Patterson H.B. No. 1642
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the county court at law in Hopkins County.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 25.1141, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 25.1141. Hopkins County. <(a)> Hopkins County has one
1-7 statutory county court, the County Court at Law of Hopkins County.
1-8 <(b) This section expires December 31, 1996.>
1-9 SECTION 2. Section 25.1142, Government Code, as added by
1-10 Chapters 441 and 746, Acts of the 72nd Legislature, Regular
1-11 Session, 1991, is reenacted and amended to read as follows:
1-12 Sec. 25.1142. Hopkins County Court at Law Provisions. (a)
1-13 In addition to the jurisdiction provided by Section 25.0003 and
1-14 other law, a county court at law in Hopkins County has<:>
1-15 <(1)> except as limited by Subsection (b), concurrent
1-16 with the district court, the jurisdiction provided by the
1-17 constitution and by general law for district courts<;>
1-18 <(2) concurrent with the county court, the probate
1-19 jurisdiction provided by general law for county courts; and>
1-20 <(3) concurrent jurisdiction with the justice court in
1-21 criminal matters>.
1-22 (b) A county court at law does not have general supervisory
1-23 control or appellate review of the commissioners court or
1-24 jurisdiction of:
2-1 (1) civil cases in which the amount in controversy
2-2 exceeds $100,000, excluding interest;
2-3 (2) felony jury trials;
2-4 (3) suits on behalf of the state to recover penalties
2-5 or escheated property;
2-6 (4) misdemeanors involving official misconduct; or
2-7 (5) contested elections.
2-8 (c) The judge of a county court at law must:
2-9 (1) be a citizen of the United States;
2-10 (2) have resided in the county for at least two years
2-11 before appointment or election; and
2-12 (3) have been a licensed attorney in this state for at
2-13 least three years before appointment or election.
2-14 (d) The judge of a county court at law shall be paid an
2-15 annual salary that is at least equal to 60 percent, but does not
2-16 exceed 80 percent, of the annual salary that is paid by the state
2-17 to a district judge in the county. The salary shall be paid from
2-18 the same fund and in the same manner as other county officials are
2-19 paid.
2-20 (e) The judge of a county court at law may not engage in the
2-21 private practice of law.
2-22 (f) The commissioners court may authorize the judge of a
2-23 county court at law to set the official court reporter's salary.
2-24 (g) At the request of the judge of a county court at law,
2-25 jurors regularly impaneled by the district court for a week may be
2-26 made available and shall serve for the week in the county court at
2-27 law.
3-1 (h) The district clerk serves as clerk of a county court at
3-2 law in matters of concurrent jurisdiction with the district court,
3-3 <the clerk of the justice court for Precinct No. 1 of Hopkins
3-4 County serves as clerk of a county court at law in matters of
3-5 concurrent jurisdiction with the justice court,> and the county
3-6 clerk serves as clerk of a county court at law in all other
3-7 matters. Each clerk shall establish a separate docket for a county
3-8 court at law.
3-9 <(i) This section expires December 31, 1996.>
3-10 SECTION 3. This Act takes effect January 1, 1996.
3-11 SECTION 4. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.