By: Luna S.B. No. 1958
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of three county courts at law in Bexar
1-2 County.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Section 25.0171, Government Code,
1-5 is amended to read as follows:
1-6 (b) Bexar County has the following county courts at law:
1-7 (1) County Court at Law No. 2 of Bexar County, Texas;
1-8 (2) County Court at Law No. 3 of Bexar County, Texas;
1-9 (3) County Court at Law No. 4 of Bexar County, Texas;
1-10 (4) County Court at Law No. 5 of Bexar County, Texas;
1-11 (5) County Court at Law No. 6 of Bexar County, Texas;
1-12 (6) County Court at Law No. 7 of Bexar County, Texas;
1-13 (7) County Court at Law No. 8 of Bexar County, Texas;
1-14 [and]
1-15 (8) County Court at Law No. 9 of Bexar County, Texas;
1-16 (9) County Court at Law No. 10 of Bexar County, Texas;
1-17 (10) County Court at Law No. 11 of Bexar County,
1-18 Texas; and
1-19 (11) County Court at Law No. 12 of Bexar County,
1-20 Texas.
1-21 SECTION 2. Section 25.0172, Government Code, is amended by
1-22 adding Subsections (a) and (b) and amending Subsections (c), (d),
1-23 (l), (n), (o), (u), and (v) to read as follows:
2-1 (a) The County Court at Law No. 10 shall give preference to
2-2 civil cases.
2-3 (b) The County Court at Law No. 11 shall give preference to
2-4 juvenile misdemeanor cases.
2-5 (c) The County Courts at Law Nos. 4, [and] 6, 11, and 12
2-6 shall give preference to criminal cases and appeals de novo from
2-7 the municipal and justice courts.
2-8 (d) The County Courts at Law Nos. 3, 4, 5, 6, 7, 8, [and] 9,
2-9 10, 11, and 12 have six terms of court beginning on the first
2-10 Mondays in January, March, May, July, September, and November. The
2-11 County Court at Law No. 2 has six terms of court beginning on the
2-12 first Mondays in February, April, June, August, October, and
2-13 December.
2-14 (l) If the judge of the County Court at Law No. 4, 6, 7, 8,
2-15 [or] 9, 10, 11, or 12 is absent, disabled, or disqualified from
2-16 presiding, a special judge may be appointed or elected in the
2-17 manner provided by law for the appointment or election of a special
2-18 county judge. A special judge must take the oath of office
2-19 required by law for the regular judge. A special judge has the
2-20 power and jurisdiction of the court and of the regular judge for
2-21 whom the special judge is sitting and may sign orders, judgments,
2-22 decrees, and other process of any kind as "Judge Presiding." A
2-23 special judge is entitled to receive for services performed the
2-24 same amount of compensation as the regular judge, to be paid out of
2-25 county funds. The compensation paid a special judge may not be
3-1 deducted from the salary of the regular judge.
3-2 (n) The criminal district attorney shall attend the County
3-3 Court at Law No. 4, 6, 7, 8, [or] 9, 10, 11, or 12 as required by
3-4 the judge. The criminal district attorney serves the county courts
3-5 at law as provided by Section 25.0010(b).
3-6 (o) The judge of the County Court at Law No. 4 or 6 may
3-7 appoint a court coordinator or administrative assistant for the
3-8 court. The judge of the County Court at Law No. 7, 8, [or] 9, 10,
3-9 11, or 12 may, with the approval of the commissioners court,
3-10 appoint a court coordinator or administrative assistant for the
3-11 court. A court coordinator or administrative assistant performs
3-12 the duties prescribed by the judge and cooperates with the
3-13 administrative judges and state agencies for the uniform and
3-14 efficient operation of the courts and the administration of
3-15 justice. The court coordinator or administrative assistant is
3-16 entitled to be paid from county funds the compensation, fees, and
3-17 allowances that are set by the commissioners court or as otherwise
3-18 provided by law. These provisions are in addition to the
3-19 provisions in Subchapter F, Chapter 75.
3-20 (u) The official court reporter of a county court at law is
3-21 entitled to receive an annual salary set by the judge and approved
3-22 by the commissioners court at an amount not less than $35,256. The
3-23 official court reporter's fee shall be taxed as costs in civil
3-24 actions in County Courts at Law Nos. 3, 4, 5, 6, 7, 8, [and] 9, 10,
3-25 11, and 12 in the same manner as that fee is taxed in district
4-1 court. In County Court at Law No. 2, the clerk collects the
4-2 official court reporters' fee of $3 and pays it into the county
4-3 treasury in the same manner as district clerks are required to
4-4 collect and pay costs.
4-5 (v) Section 25.0006(a) does not apply to County Courts at
4-6 Law Nos. 4, 6, 7, 8, [and] 9, 10, 11, and 12 of Bexar County.
4-7 Section 25.0006(b) does not apply to County Courts at Law Nos. 3,
4-8 4, 5, 6, 7, 8, [and] 9, 10, 11, and 12 of Bexar County.
4-9 SECTION 3. (a) The County Courts at Law Nos. 10, 11, and 12
4-10 of Bexar County, Texas, are created on September 1, 1997.
4-11 (b) Notwithstanding Section 25.0009, Government Code, the
4-12 initial vacancies in the office of judge on creation of the County
4-13 Courts at Law Nos. 10, 11, and 12 shall be filled by an election to
4-14 be held concurrently with the election on the proposed
4-15 constitutional amendment to be held August 9, 1997.
4-16 SECTION 4. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended,
4-21 and that this Act take effect and be in force from and after its
4-22 passage, and it is so enacted.