1-1 By: Luna S.B. No. 1958
1-2 (In the Senate - Filed May 16, 1997; May 17, 1997, read first
1-3 time and referred to Committee on Jurisprudence; May 18, 1997,
1-4 reported favorably by the following vote: Yeas 7, Nays 0;
1-5 May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the creation of three county courts at law in Bexar
1-9 County.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (b), Section 25.0171, Government Code,
1-12 is amended to read as follows:
1-13 (b) Bexar County has the following county courts at law:
1-14 (1) County Court at Law No. 2 of Bexar County, Texas;
1-15 (2) County Court at Law No. 3 of Bexar County, Texas;
1-16 (3) County Court at Law No. 4 of Bexar County, Texas;
1-17 (4) County Court at Law No. 5 of Bexar County, Texas;
1-18 (5) County Court at Law No. 6 of Bexar County, Texas;
1-19 (6) County Court at Law No. 7 of Bexar County, Texas;
1-20 (7) County Court at Law No. 8 of Bexar County, Texas;
1-21 [and]
1-22 (8) County Court at Law No. 9 of Bexar County, Texas;
1-23 (9) County Court at Law No. 10 of Bexar County, Texas;
1-24 (10) County Court at Law No. 11 of Bexar County,
1-25 Texas; and
1-26 (11) County Court at Law No. 12 of Bexar County,
1-27 Texas.
1-28 SECTION 2. Section 25.0172, Government Code, is amended by
1-29 adding Subsections (a) and (b) and amending Subsections (c), (d),
1-30 (l), (n), (o), (u), and (v) to read as follows:
1-31 (a) The County Court at Law No. 10 shall give preference to
1-32 civil cases.
1-33 (b) The County Court at Law No. 11 shall give preference to
1-34 juvenile cases and misdemeanor cases.
1-35 (c) The County Courts at Law Nos. 4, [and] 6, 11, and 12
1-36 shall give preference to criminal cases and appeals de novo from
1-37 the municipal and justice courts.
1-38 (d) The County Courts at Law Nos. 3, 4, 5, 6, 7, 8, [and] 9,
1-39 10, 11, and 12 have six terms of court beginning on the first
1-40 Mondays in January, March, May, July, September, and November. The
1-41 County Court at Law No. 2 has six terms of court beginning on the
1-42 first Mondays in February, April, June, August, October, and
1-43 December.
1-44 (l) If the judge of the County Court at Law No. 4, 6, 7, 8,
1-45 [or] 9, 10, 11, or 12 is absent, disabled, or disqualified from
1-46 presiding, a special judge may be appointed or elected in the
1-47 manner provided by law for the appointment or election of a special
1-48 county judge. A special judge must take the oath of office
1-49 required by law for the regular judge. A special judge has the
1-50 power and jurisdiction of the court and of the regular judge for
1-51 whom the special judge is sitting and may sign orders, judgments,
1-52 decrees, and other process of any kind as "Judge Presiding." A
1-53 special judge is entitled to receive for services performed the
1-54 same amount of compensation as the regular judge, to be paid out of
1-55 county funds. The compensation paid a special judge may not be
1-56 deducted from the salary of the regular judge.
1-57 (n) The criminal district attorney shall attend the County
1-58 Court at Law No. 4, 6, 7, 8, [or] 9, 10, 11, or 12 as required by
1-59 the judge. The criminal district attorney serves the county courts
1-60 at law as provided by Section 25.0010(b).
1-61 (o) The judge of the County Court at Law No. 4 or 6 may
1-62 appoint a court coordinator or administrative assistant for the
1-63 court. The judge of the County Court at Law No. 7, 8, [or] 9, 10,
1-64 11, or 12 may, with the approval of the commissioners court,
2-1 appoint a court coordinator or administrative assistant for the
2-2 court. A court coordinator or administrative assistant performs
2-3 the duties prescribed by the judge and cooperates with the
2-4 administrative judges and state agencies for the uniform and
2-5 efficient operation of the courts and the administration of
2-6 justice. The court coordinator or administrative assistant is
2-7 entitled to be paid from county funds the compensation, fees, and
2-8 allowances that are set by the commissioners court or as otherwise
2-9 provided by law. These provisions are in addition to the
2-10 provisions in Subchapter F, Chapter 75.
2-11 (u) The official court reporter of a county court at law is
2-12 entitled to receive an annual salary set by the judge and approved
2-13 by the commissioners court at an amount not less than $35,256. The
2-14 official court reporter's fee shall be taxed as costs in civil
2-15 actions in County Courts at Law Nos. 3, 4, 5, 6, 7, 8, [and] 9, 10,
2-16 11, and 12 in the same manner as that fee is taxed in district
2-17 court. In County Court at Law No. 2, the clerk collects the
2-18 official court reporters' fee of $3 and pays it into the county
2-19 treasury in the same manner as district clerks are required to
2-20 collect and pay costs.
2-21 (v) Section 25.0006(a) does not apply to County Courts at
2-22 Law Nos. 4, 6, 7, 8, [and] 9, 10, 11, and 12 of Bexar County.
2-23 Section 25.0006(b) does not apply to County Courts at Law Nos. 3,
2-24 4, 5, 6, 7, 8, [and] 9, 10, 11, and 12 of Bexar County.
2-25 SECTION 3. The County Courts at Law Nos. 10, 11, and 12 of
2-26 Bexar County, Texas, are created and shall be filled by election.
2-27 The offices of the judges of County Courts at Law Nos. 10, 11, and
2-28 12 exist for purposes of the primary and general election in 1998
2-29 and are to be filled January 1, 1999. Vacancies after the initial
2-30 vacancies are to be filled until the next election by the
2-31 Commissioners Court of Bexar County.
2-32 SECTION 4. The importance of this legislation and the
2-33 crowded condition of the calendars in both houses create an
2-34 emergency and an imperative public necessity that the
2-35 constitutional rule requiring bills to be read on three several
2-36 days in each house be suspended, and this rule is hereby suspended.
2-37 * * * * *