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. 2-36 * * * * *