By Patterson H.B. No. 1642
74R6443 MWV-F
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; and
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
1-21 <in 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
2-5 penalties or escheated property;
2-6 (2) <(4)> misdemeanors involving official misconduct;
2-7 or
2-8 (3) <(5)> contested elections.
2-9 (c) The judge of a county court at law must have the
2-10 qualifications required of a district judge<:>
2-11 <(1) be a citizen of the United States;>
2-12 <(2) have resided in the county for at least two years
2-13 before appointment or election; and>
2-14 <(3) have been a licensed attorney in this state for
2-15 at least three years before appointment or election>.
2-16 (d) The judge of a county court at law shall be paid an
2-17 annual salary that is at least equal to the amount that is $1,000
2-18 less than <60 percent, but does not exceed 80 percent, of> the
2-19 total annual salary that is received <paid> by <the state to> a
2-20 district judge in the county. The salary shall be paid from the
2-21 same fund and in the same manner as other county officials are
2-22 paid.
2-23 (e) The judge of a county court at law may not engage in the
2-24 private practice of law.
2-25 (f) The commissioners court may authorize the judge of a
2-26 county court at law to set the official court reporter's salary.
2-27 (g) At the request of the judge of a county court at law,
3-1 jurors regularly impaneled by the district court for a week may be
3-2 made available and shall serve for the week in the county court at
3-3 law.
3-4 (h) The district clerk serves as clerk of a county court at
3-5 law in matters of concurrent jurisdiction with the district court,
3-6 the clerk of the justice court <for Precinct No. 1 of Hopkins
3-7 County> serves as clerk of a county court at law in matters of
3-8 concurrent jurisdiction with the justice court, and the county
3-9 clerk serves as clerk of a county court at law in all other
3-10 matters. Each clerk shall establish a separate docket for a
3-11 county court at law.
3-12 (i) The judge of a county court at law has the same judicial
3-13 immunity as a district judge <This section expires December 31,
3-14 1996>.
3-15 SECTION 3. This Act takes effect January 1, 1996.
3-16 SECTION 4. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.