1-1 AN ACT
1-2 relating to the creation of the County Court at Law of Lamar
1-3 County.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 25, Government Code, is
1-6 amended by adding Section 25.1411 to read as follows:
1-7 Sec. 25.1411. LAMAR COUNTY. Lamar County has one statutory
1-8 county court, the County Court at Law of Lamar County.
1-9 SECTION 2. Subchapter C, Chapter 25, Government Code, is
1-10 amended by adding Section 25.1412 to read as follows:
1-11 Sec. 25.1412. LAMAR COUNTY COURT AT LAW PROVISIONS. (a) In
1-12 addition to the jurisdiction provided by Section 25.0003 and other
1-13 law, a county court at law in Lamar County has:
1-14 (1) concurrent jurisdiction with the district court
1-15 in:
1-16 (A) probate matters and proceedings, including
1-17 will contests;
1-18 (B) family law cases and proceedings; and
1-19 (C) felony cases to conduct arraignments and
1-20 pretrial hearings and to accept guilty pleas; and
1-21 (2) concurrent jurisdiction with the county and
1-22 district courts over all suits arising under the Family Code.
1-23 (b) The judge of a county court at law must:
1-24 (1) be a qualified voter in Lamar County;
2-1 (2) have resided in Lamar County for at least two
2-2 years; and
2-3 (3) be a licensed attorney in this state who has
2-4 actively practiced law or been a judge of a court in this state, or
2-5 both combined, for at least five years before appointment or
2-6 election.
2-7 (c) The judge of a county court at law:
2-8 (1) may not engage in the private practice of law; and
2-9 (2) must comply with Canon 4 of the Code of Judicial
2-10 Conduct.
2-11 (d) The judge is entitled to travel expenses and necessary
2-12 office expenses, including administrative and clerical assistance,
2-13 in the same manner as the county judge. The judge of a county court
2-14 at law shall be paid an annual salary of at least $50,000. The
2-15 salary shall be paid from the county treasury on order of the
2-16 commissioners court.
2-17 (e) A special judge of a county court at law with the same
2-18 qualifications as the regular judge may be appointed or elected in
2-19 the manner provided by law for the appointment or election of a
2-20 special county judge. If a judge of a county court at law is
2-21 disqualified to try a case pending in the judge's court, the
2-22 parties or their attorneys may agree on the selection of a special
2-23 judge for the case. A special judge is entitled to the same rate
2-24 of compensation as the regular judge.
2-25 (f) The district clerk serves as clerk of a county court at
2-26 law in matters of concurrent jurisdiction with the district court,
2-27 and the county clerk serves as clerk of the court in all other
3-1 matters. Each clerk shall establish a separate docket for a county
3-2 court at law.
3-3 (g) The judge of a county court at law may appoint an
3-4 official court reporter or the judge may contract for the services
3-5 of a court reporter.
3-6 (h) Practice in a county court at law is that prescribed by
3-7 law for county courts, except that practice and procedure, rules of
3-8 evidence, issuance of process and writs, and all other matters
3-9 pertaining to the conduct of trials and hearings in a county court
3-10 at law involving cases under the Family Code or Section 23.001 are
3-11 governed by this section and the laws and rules pertaining to
3-12 district courts and county courts.
3-13 (i) The laws governing the drawing, selection, service, and
3-14 pay of jurors for county courts apply to a county court at law.
3-15 Jurors regularly impaneled for a week by the district court may, on
3-16 request of the judge of a county court at law, be made available
3-17 and shall serve for the week in a county court at law.
3-18 (j) An appeal in a civil case from a judgment or order of a
3-19 county court at law is to the court of appeals as provided for an
3-20 appeal from a district or county court. An appeal in a criminal
3-21 case is to the court of appeals as provided for an appeal from a
3-22 county court. A case appealed from a justice court or other
3-23 inferior court in Lamar County must be made directly to a county
3-24 court at law, unless otherwise provided by law.
3-25 (k) The judge of a county court at law has the same immunity
3-26 as a district judge.
3-27 SECTION 3. Notwithstanding Section 25.0009, Government Code,
4-1 the initial vacancy in the office of judge on creation of the
4-2 County Court at Law of Lamar County may be filled by special
4-3 election or by appointment of the Lamar County Commissioners Court.
4-4 The qualified voters of the county shall elect the judge of the
4-5 County Court at Law of Lamar County in 1998 for a four-year term as
4-6 provided by Section 65, Article 16, Texas Constitution. A vacancy
4-7 after the initial vacancy is filled as provided by Section 25.0009,
4-8 Government Code.
4-9 SECTION 4. This Act takes effect and the County Court at Law
4-10 of Lamar County is created September 1, 1997.
4-11 SECTION 5. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1143 was passed by the House on April
3, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1143 was passed by the Senate on May
1, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor