1-1     By:  Patterson (Senate Sponsor - Ratliff)             H.B. No. 1143

 1-2           (In the Senate - Received from the House April 4, 1997;

 1-3     April 8, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; April 15, 1997, reported favorably by the following

 1-5     vote:  Yeas 7, Nays 0; April 15, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the creation of the County Court at Law of Lamar

 1-9     County.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subchapter C, Chapter 25, Government Code, is

1-12     amended by adding Section 25.1411 to read as follows:

1-13           Sec. 25.1411.  LAMAR COUNTY.  Lamar County has one statutory

1-14     county court, the County Court at Law of Lamar County.

1-15           SECTION 2.  Subchapter C, Chapter 25, Government Code, is

1-16     amended by adding Section 25.1412 to read as follows:

1-17           Sec. 25.1412.  LAMAR COUNTY COURT AT LAW PROVISIONS.  (a)  In

1-18     addition to the jurisdiction provided by Section 25.0003 and other

1-19     law, a county court at law in Lamar County has:

1-20                 (1)  concurrent jurisdiction with the district court

1-21     in:

1-22                       (A)  probate matters and proceedings, including

1-23     will contests;

1-24                       (B)  family law cases and proceedings; and

1-25                       (C)  felony cases to conduct arraignments and

1-26     pretrial hearings and to accept guilty pleas; and

1-27                 (2)  concurrent jurisdiction with the county and

1-28     district courts over all suits arising under the Family Code.

1-29           (b)  The judge of a county court at law must:

1-30                 (1)  be a qualified voter in Lamar County;

1-31                 (2)  have resided in Lamar County for at least two

1-32     years; and

1-33                 (3)  be a licensed attorney in this state who has

1-34     actively practiced law or been a judge of a court in this state, or

1-35     both combined, for at least five years before appointment or

1-36     election.

1-37           (c)  The judge of a county court at law:

1-38                 (1)  may not engage in the private practice of law; and

1-39                 (2)  must comply with Canon 4 of the Code of Judicial

1-40     Conduct.

1-41           (d)  The judge is entitled to travel expenses and necessary

1-42     office expenses, including administrative and clerical assistance,

1-43     in the same manner as the county judge. The judge of a county court

1-44     at law shall be paid an annual salary of at least $50,000.  The

1-45     salary shall be paid from the county treasury on order of the

1-46     commissioners court.

1-47           (e)  A special judge of a county court at law with the same

1-48     qualifications as the regular judge may be appointed or elected in

1-49     the manner provided by law for the appointment or election of a

1-50     special county judge.  If a judge of a county court at law is

1-51     disqualified to try a case pending in the judge's court, the

1-52     parties or their attorneys may agree on the selection of a special

1-53     judge for the case.  A special judge is entitled to the same rate

1-54     of compensation as the regular judge.

1-55           (f)  The district clerk serves as clerk of a county court at

1-56     law in matters of concurrent jurisdiction with the district court,

1-57     and the county clerk serves as clerk of the court in all other

1-58     matters. Each clerk shall establish a separate docket for a county

1-59     court at law.

1-60           (g)  The judge of a county court at law may appoint an

1-61     official court reporter or the judge may contract for the services

1-62     of a court reporter.

1-63           (h)  Practice in a county court at law is that prescribed by

1-64     law for county courts, except that practice and procedure, rules of

 2-1     evidence, issuance of process and writs, and all other matters

 2-2     pertaining to the conduct of trials and hearings in a county court

 2-3     at law involving cases under the Family Code or Section 23.001 are

 2-4     governed by this section and the laws and rules pertaining to

 2-5     district courts and county courts.

 2-6           (i)  The laws governing the drawing, selection, service, and

 2-7     pay of jurors for county courts apply to a county court at law.

 2-8     Jurors regularly impaneled for a week by the district court may, on

 2-9     request of the judge of a county court at law, be made available

2-10     and shall serve for the week in a county court at law.

2-11           (j)  An appeal in a civil case from a judgment or order of a

2-12     county court at law is to the court of appeals as provided for an

2-13     appeal from a district or county court.  An appeal in a criminal

2-14     case is to the court of appeals as provided for an appeal from a

2-15     county court.  A case appealed from a justice court or other

2-16     inferior court in Lamar County must be made directly to a county

2-17     court at law, unless otherwise provided by law.

2-18           (k)  The judge of a county court at law has the same immunity

2-19     as a district judge.

2-20           SECTION 3.  Notwithstanding Section 25.0009, Government Code,

2-21     the initial vacancy in the office of judge on creation of the

2-22     County Court at Law of Lamar County may be filled by special

2-23     election or by appointment of the Lamar County Commissioners Court.

2-24     The qualified voters of the county shall elect the judge of the

2-25     County Court at Law of Lamar County in 1998 for a four-year term as

2-26     provided by Section 65, Article 16, Texas Constitution. A vacancy

2-27     after the initial vacancy is filled as provided by Section 25.0009,

2-28     Government Code.

2-29           SECTION 4.  This Act takes effect and the County Court at Law

2-30     of Lamar County is created September 1, 1997.

2-31           SECTION 5.  The importance of this legislation and the

2-32     crowded condition of the calendars in both houses create an

2-33     emergency and an imperative public necessity that the

2-34     constitutional rule requiring bills to be read on three several

2-35     days in each house be suspended, and this rule is hereby suspended.

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