1-1 By: Patterson (Senate Sponsor - Ratliff) H.B. No. 1642
1-2 (In the Senate - Received from the House May 1, 1995;
1-3 May 2, 1995, read first time and referred to Committee on
1-4 Jurisprudence; May 16, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 7, Nays 0; May 16, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Henderson
1-7 Amend HB 1642 as follows:
1-8 On page 2, line 15, strike "is at least equal to 60 percent,
1-9 but".
1-10 A BILL TO BE ENTITLED
1-11 AN ACT
1-12 relating to the county court at law in Hopkins County.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 25.1141, Government Code, is amended to
1-15 read as follows:
1-16 Sec. 25.1141. Hopkins County. <(a)> Hopkins County has one
1-17 statutory county court, the County Court at Law of Hopkins County.
1-18 <(b) This section expires December 31, 1996.>
1-19 SECTION 2. Section 25.1142, Government Code, as added by
1-20 Chapters 441 and 746, Acts of the 72nd Legislature, Regular
1-21 Session, 1991, is reenacted and amended to read as follows:
1-22 Sec. 25.1142. Hopkins County Court at Law Provisions. (a)
1-23 In addition to the jurisdiction provided by Section 25.0003 and
1-24 other law, a county court at law in Hopkins County has<:>
1-25 <(1)> except as limited by Subsection (b), concurrent
1-26 with the district court, the jurisdiction provided by the
1-27 constitution and by general law for district courts<;>
1-28 <(2) concurrent with the county court, the probate
1-29 jurisdiction provided by general law for county courts; and>
1-30 <(3) concurrent jurisdiction with the justice court in
1-31 criminal matters>.
1-32 (b) A county court at law does not have general supervisory
1-33 control or appellate review of the commissioners court or
1-34 jurisdiction of:
1-35 (1) civil cases in which the amount in controversy
1-36 exceeds $100,000, excluding interest;
1-37 (2) felony jury trials;
1-38 (3) suits on behalf of the state to recover penalties
1-39 or escheated property;
1-40 (4) misdemeanors involving official misconduct; or
1-41 (5) contested elections.
1-42 (c) The judge of a county court at law must:
1-43 (1) be a citizen of the United States;
1-44 (2) have resided in the county for at least two years
1-45 before appointment or election; and
1-46 (3) have been a licensed attorney in this state for at
1-47 least three years before appointment or election.
1-48 (d) The judge of a county court at law shall be paid an
1-49 annual salary that is at least equal to 60 percent, but does not
1-50 exceed 80 percent, of the annual salary that is paid by the state
1-51 to a district judge in the county. The salary shall be paid from
1-52 the same fund and in the same manner as other county officials are
1-53 paid.
1-54 (e) The judge of a county court at law may not engage in the
1-55 private practice of law.
1-56 (f) The commissioners court may authorize the judge of a
1-57 county court at law to set the official court reporter's salary.
1-58 (g) At the request of the judge of a county court at law,
1-59 jurors regularly impaneled by the district court for a week may be
1-60 made available and shall serve for the week in the county court at
1-61 law.
1-62 (h) The district clerk serves as clerk of a county court at
1-63 law in matters of concurrent jurisdiction with the district court,
1-64 <the clerk of the justice court for Precinct No. 1 of Hopkins
1-65 County serves as clerk of a county court at law in matters of
1-66 concurrent jurisdiction with the justice court,> and the county
1-67 clerk serves as clerk of a county court at law in all other
1-68 matters. Each clerk shall establish a separate docket for a county
2-1 court at law.
2-2 <(i) This section expires December 31, 1996.>
2-3 SECTION 3. This Act takes effect January 1, 1996.
2-4 SECTION 4. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.
2-9 * * * * *