1-1           By:  Shapleigh                                   S.B. No. 726

 1-2           (In the Senate - Filed February 24, 1997; February 26, 1997,

 1-3     read first time and referred to Committee on Jurisprudence;

 1-4     March 11, 1997, reported favorably by the following vote:  Yeas 7,

 1-5     Nays 0; March 11, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to court administration in El Paso County, to the creation

 1-9     of the County Courts at Law No. 6 and No. 7 of El Paso County,

1-10     Texas, and to the assignment of certain judges in El Paso County.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Subsection (a), Section 25.0731, Government Code,

1-13     is amended to read as follows:

1-14           (a)  El Paso County has the following statutory county

1-15     courts:

1-16                 (1)  County Court at Law No. 1 of El Paso County,

1-17     Texas;

1-18                 (2)  County Court at Law No. 2 of El Paso County,

1-19     Texas;

1-20                 (3)  County Court at Law No. 3 of El Paso County,

1-21     Texas;

1-22                 (4)  County Court at Law No. 4 of El Paso County,

1-23     Texas; [and]

1-24                 (5)  County Court at Law No. 5 of El Paso County,

1-25     Texas;

1-26                 (6)  County Court at Law No. 6 of El Paso County,

1-27     Texas; and

1-28                 (7)  County Court at Law No. 7 of El Paso County,

1-29     Texas.

1-30           SECTION 2.  Section 75.014, Government Code, is amended to

1-31     read as follows:

1-32           Sec. 75.014.  EL PASO COUNCIL OF JUDGES.  (a)  The El Paso

1-33     Council of Judges is composed of the judges of the district courts

1-34     of El Paso County, [and] the judges of the county courts at law of

1-35     El Paso County, and the judge of the probate court of El Paso

1-36     County.

1-37           (b)  The council of judges may require the district clerk to

1-38     maintain, arrange, and preserve copies of or record all or any part

1-39     of the acts, proceedings, and minutes of the council of judges.

1-40     The district clerk shall maintain, arrange, and preserve those

1-41     acts, proceedings, and minutes in the same manner that acts,

1-42     proceedings, and minutes of the district court are maintained,

1-43     arranged, and preserved.

1-44           (c)  Unless the council of judges by majority vote provides

1-45     otherwise, the judges on the council of judges may sit and act for

1-46     any magistrate in the county on any unindicted felony case or on

1-47     any misdemeanor case for which an indictment has not been issued or

1-48     an information has not been filed.

1-49           (d)  The offices, courtrooms, physical facilities, equipment,

1-50     furniture, and books provided by the El Paso Commissioners Court

1-51     for the court system and its auxiliary services, judges, and court

1-52     personnel, except for the Court of Appeals for the Eighth Court of

1-53     Appeals District, shall be allocated and utilized as provided by a

1-54     majority vote of the council of judges.

1-55           (e)  The County Courts at Law No. 6 and No. 7 of El Paso

1-56     County, Texas, are designated as criminal misdemeanor courts.

1-57     Courts designated as criminal misdemeanor courts shall give

1-58     preference to and have primary responsibility for:

1-59                 (1)  criminal misdemeanor cases;

1-60                 (2)  appeals or petitions under Section 501.052,

1-61     521.242, 521.302, or 524.041, Transportation Code;

1-62                 (3)  misdemeanor bail bond and personal bond forfeiture

1-63     cases; and

1-64                 (4)  appeals de novo from the municipal and justice

 2-1     courts.

 2-2           (f)  The council of judges may by majority vote periodically

 2-3     change the criminal misdemeanor designations provided by Subsection

 2-4     (e) so that different county courts at law are designated as

 2-5     criminal misdemeanor courts.  At least four county courts at law

 2-6     must be designated as criminal misdemeanor courts, except that, for

 2-7     any period for which the commissioners court has provided funding

 2-8     for more than one criminal law magistrate judge:

 2-9                 (1)  the council of judges may by majority vote

2-10     designate a county court at law as a family court; and

2-11                 (2)  there may be fewer than four designated criminal

2-12     misdemeanor courts, if the criminal misdemeanor docket permits, as

2-13     determined by a majority vote of the council of judges.

2-14           (f-1)  Notwithstanding Subsection (f), before the date on

2-15     which the County Court at Law No. 7 of El Paso County, Texas, is

2-16     created, the council of judges shall designate two county courts at

2-17     law, in addition to the County Court at Law No. 6 of El Paso

2-18     County, Texas, as criminal misdemeanor courts.  This subsection

2-19     expires October 2, 1998.

2-20           (g)  For the effective operation of the El Paso County court

2-21     system and the effective administration of justice, the council of

2-22     judges shall order the assignment, docketing, and transfer of a

2-23     specified number or percentage and type of family law cases and

2-24     proceedings, as defined by Section 25.0002, to the county court at

2-25     law designated as a family court under Subsection (f).  If, after a

2-26     county court at law is designated a family court, funding for more

2-27     than one criminal law magistrate judge is not continued, the

2-28     council of judges may order that:

2-29                 (1)  the designation of the county court at law as a

2-30     family law court be retracted; and

2-31                 (2)  a specified number or percentage and type of

2-32     family law cases and proceedings in that court be transferred to

2-33     other courts for the effective operation of the court system and

2-34     the effective administration of justice [This subsection takes

2-35     effect on the date the County Court at Law No. 6 of El Paso County,

2-36     Texas, is created.  The El Paso Council of Judges shall ensure that

2-37     the judge of a county court at law with the least seniority or time

2-38     on the bench as an El Paso County court at law judge serves as the

2-39     "magistrate judge" and gives preference to magistrate duties, as

2-40     those duties apply to the county jail inmate population.  If two or

2-41     more new judges of the county courts at law of El Paso County take

2-42     office on the same day, the judge who has been a member of the

2-43     Texas Bar Association for the shortest time serves as the

2-44     magistrate judge.  The council of judges shall ensure that the

2-45     magistrate judge's civil, probate, and criminal docket is kept to a

2-46     minimum or that causes or proceedings are not filed or docketed on

2-47     one or more of those dockets so that the judge may perform the

2-48     magistrate duties required by this section and the El Paso Council

2-49     of Judges.  The council of judges shall cause any excessive

2-50     caseload on the civil, probate, or criminal dockets of the

2-51     magistrate judge to be transferred or assigned to other courts.

2-52     The council of judges shall cause the magistrate judge to maintain

2-53     the judge's courtroom at the courtroom located in the El Paso

2-54     County Jail, also known as the El Paso County Detention Facility.

2-55     When a magistrate judge is no longer the county court at law judge

2-56     with the least seniority or time on the bench as a county court at

2-57     law judge, the judge is entitled to a courtroom in the courthouse,

2-58     and the new magistrate judge is subject to this section.  The

2-59     council of judges shall cause the civil, probate, and criminal

2-60     docket of a new magistrate judge to be transferred or assigned to

2-61     the former magistrate judge who has moved to the courthouse and

2-62     take all other actions to implement the objective and intent of

2-63     this subsection considering the circumstances in the county court

2-64     system.  Unless the council of judges provides otherwise, criminal

2-65     cases may be assigned under Section 75.015 to the magistrate judge

2-66     without the consent of the magistrate judge, notwithstanding the

2-67     requirements for written consent to assignment and filing the

2-68     written consent to assignment with the local administrative judge

2-69     under Section 75.015].

 3-1           SECTION 3.  Subsection (r), Section 25.0732, Government Code,

 3-2     is amended to read as follows:

 3-3           (r)  Sections 25.0006(b) and 25.0007 do not apply to County

 3-4     Court at Law No. 2, 3, 4, [or] 5, 6, or 7 of El Paso County, Texas.

 3-5           SECTION 4.  Notwithstanding Section 25.0731, Government Code,

 3-6     as amended by this Act:

 3-7                 (1)  the County Court at Law No. 6 of El Paso County,

 3-8     Texas, is created on October 1, 1998, or on an earlier date

 3-9     determined by the commissioners court in an order entered in its

3-10     minutes; and

3-11                 (2)  the County Court at Law No. 7 of El Paso County,

3-12     Texas, is created on October 1, 1998, or on an earlier date

3-13     determined by the commissioners court in an order entered in its

3-14     minutes.

3-15           SECTION 5.  This Act takes effect September 1, 1997.

3-16           SECTION 6.  The importance of this legislation and the

3-17     crowded condition of the calendars in both houses create an

3-18     emergency and an imperative public necessity that the

3-19     constitutional rule requiring bills to be read on three several

3-20     days in each house be suspended, and this rule is hereby suspended.

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