By Puente H.B. No. 359
75R1517 MLS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of three county courts at law in Bexar
1-3 County.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 25.0171(b), Government Code, is amended
1-6 to read as follows:
1-7 (b) Bexar County has the following county courts at law:
1-8 (1) County Court at Law No. 2 of Bexar County, Texas;
1-9 (2) County Court at Law No. 3 of Bexar County, Texas;
1-10 (3) County Court at Law No. 4 of Bexar County, Texas;
1-11 (4) County Court at Law No. 5 of Bexar County, Texas;
1-12 (5) County Court at Law No. 6 of Bexar County, Texas;
1-13 (6) County Court at Law No. 7 of Bexar County, Texas;
1-14 (7) County Court at Law No. 8 of Bexar County, Texas;
1-15 [and]
1-16 (8) County Court at Law No. 9 of Bexar County, Texas;
1-17 (9) County Court at Law No. 10 of Bexar County, Texas;
1-18 (10) County Court at Law No. 11 of Bexar County,
1-19 Texas; and
1-20 (11) County Court at Law No. 12 of Bexar County,
1-21 Texas.
1-22 SECTION 2. Section 25.0172, Government Code, is amended by
1-23 adding Subsection (b) and amending Subsections (c), (d), (l), (n),
1-24 (o), (u), and (v) to read as follows:
2-1 (b) The County Court at Law No. 10 shall give preference to
2-2 civil cases.
2-3 (c) The County Courts at Law Nos. 4, [and] 6, 11, and 12
2-4 shall give preference to criminal cases and appeals de novo from
2-5 the municipal and justice courts.
2-6 (d) The County Courts at Law Nos. 3, 4, 5, 6, 7, 8, [and] 9,
2-7 10, 11, and 12 have six terms of court beginning on the first
2-8 Mondays in January, March, May, July, September, and November.
2-9 The County Court at Law No. 2 has six terms of court beginning on
2-10 the first Mondays in February, April, June, August, October, and
2-11 December.
2-12 (l) If the judge of the County Court at Law No. 4, 6, 7, 8,
2-13 [or] 9, 10, 11, or 12 is absent, disabled, or disqualified from
2-14 presiding, a special judge may be appointed or elected in the
2-15 manner provided by law for the appointment or election of a special
2-16 county judge. A special judge must take the oath of office
2-17 required by law for the regular judge. A special judge has the
2-18 power and jurisdiction of the court and of the regular judge for
2-19 whom the special judge is sitting and may sign orders, judgments,
2-20 decrees, and other process of any kind as "Judge Presiding." A
2-21 special judge is entitled to receive for services performed the
2-22 same amount of compensation as the regular judge, to be paid out of
2-23 county funds. The compensation paid a special judge may not be
2-24 deducted from the salary of the regular judge.
2-25 (n) The criminal district attorney shall attend the County
2-26 Court at Law No. 4, 6, 7, 8, [or] 9, 10, 11, or 12 as required by
2-27 the judge. The criminal district attorney serves the county courts
3-1 at law as provided by Section 25.0010(b).
3-2 (o) The judge of the County Court at Law No. 4 or 6 may
3-3 appoint a court coordinator or administrative assistant for the
3-4 court. The judge of the County Court at Law No. 7, 8, [or] 9, 10,
3-5 11, or 12 may, with the approval of the commissioners court,
3-6 appoint a court coordinator or administrative assistant for the
3-7 court. A court coordinator or administrative assistant performs
3-8 the duties prescribed by the judge and cooperates with the
3-9 administrative judges and state agencies for the uniform and
3-10 efficient operation of the courts and the administration of
3-11 justice. The court coordinator or administrative assistant is
3-12 entitled to be paid from county funds the compensation, fees, and
3-13 allowances that are set by the commissioners court or as otherwise
3-14 provided by law. These provisions are in addition to the
3-15 provisions in Subchapter F, Chapter 75.
3-16 (u) The official court reporter of a county court at law is
3-17 entitled to receive an annual salary set by the judge and approved
3-18 by the commissioners court at an amount not less than $35,256. The
3-19 official court reporter's fee shall be taxed as costs in civil
3-20 actions in County Courts at Law Nos. 3, 4, 5, 6, 7, 8, [and] 9, 10,
3-21 11, and 12 in the same manner as that fee is taxed in district
3-22 court. In County Court at Law No. 2, the clerk collects the
3-23 official court reporters' fee of $3 and pays it into the county
3-24 treasury in the same manner as district clerks are required to
3-25 collect and pay costs.
3-26 (v) Section 25.0006(a) does not apply to County Courts at
3-27 Law Nos. 4, 6, 7, 8, [and] 9, 10, 11, and 12 of Bexar County.
4-1 Section 25.0006(b) does not apply to County Courts at Law Nos. 3,
4-2 4, 5, 6, 7, 8, [and] 9, 10, 11, and 12 of Bexar County.
4-3 SECTION 3. The County Courts at Law Nos. 10, 11, and 12 of
4-4 Bexar County, Texas, are created and this Act takes effect
4-5 September 1, 1997.
4-6 SECTION 4. 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.