1-1 AN ACT 1-2 relating to the creation of the County Court at Law of Kendall 1-3 County. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter C, Chapter 25, Government Code, is 1-6 amended by adding Sections 25.1321 and 25.1322 to read as follows: 1-7 Sec. 25.1321. KENDALL COUNTY. Kendall County has one 1-8 statutory county court, the County Court at Law of Kendall County. 1-9 Sec. 25.1322. KENDALL COUNTY COURT AT LAW PROVISIONS. (a) 1-10 In addition to the jurisdiction provided by Section 25.0003 and 1-11 other law, and except as limited by Subsection (b), a county court 1-12 at law of Kendall County has concurrent jurisdiction with the 1-13 district court. 1-14 (b) A county court at law does not have jurisdiction of: 1-15 (1) felony cases, except as otherwise provided by law; 1-16 (2) misdemeanors involving official misconduct; or 1-17 (3) contested elections. 1-18 (c) A county court at law may not issue a writ of habeas 1-19 corpus in a felony case over which the court has jurisdiction. 1-20 (d) The commissioners court by order entered of record shall 1-21 set at least two terms of court each year for each county court at 1-22 law. 1-23 (e) A judge of a county court at law may not engage in the 1-24 private practice of law. 2-1 (f) A special judge of a county court at law may be 2-2 appointed or elected in the manner provided by law for the 2-3 appointment or election of a special county judge. 2-4 (g) The district clerk serves as the clerk of a county court 2-5 at law in matters in which the county court at law has concurrent 2-6 jurisdiction with the district court. The county clerk serves as 2-7 the clerk of a county court at law in all other matters. The 2-8 district clerk shall establish a separate docket for each county 2-9 court at law. 2-10 (h) A judge of a county court at law shall be paid an annual 2-11 salary that is at least equal to the amount that is $4,000 less 2-12 than the total annual salary, including supplements, received by a 2-13 district judge in the county. 2-14 (i) The county sheriff shall, in person or by deputy, attend 2-15 a county court at law as required by the judge. 2-16 (j) On request of a county court at law judge, jurors 2-17 regularly impaneled for a week by the district courts may be made 2-18 available and shall serve for the week in the county court at law. 2-19 (k) If any cause or proceeding is lodged with the district 2-20 clerk and the district clerk files, dockets, or assigns the cause 2-21 or proceeding in or to a county court at law and the county court 2-22 at law does not have subject matter jurisdiction over the cause or 2-23 proceeding, then the filing, docketing, or assignment of the cause 2-24 or proceeding in or to a county court at law is considered a 2-25 clerical error and that clerical error shall be corrected by a 2-26 judgment or order nunc pro tunc. The cause or proceeding is 2-27 considered filed, docketed, or assigned to the district court of 3-1 the local administrative judge in the first instance rather than to 3-2 a county court at law of Kendall County. The judge of a county 3-3 court at law of Kendall County who acts in the cause or proceeding 3-4 is considered assigned to the district court of the local 3-5 administrative judge for that purpose and has all the powers of the 3-6 judge of that district court under the assignment. 3-7 SECTION 2. Notwithstanding Section 25.1321, Government Code, 3-8 as added by this Act, the County Court at Law of Kendall County is 3-9 created January 1, 2001, or on an earlier date determined by the 3-10 commissioners court by an order entered in its minutes. 3-11 SECTION 3. The importance of this legislation and the 3-12 crowded condition of the calendars in both houses create an 3-13 emergency and an imperative public necessity that the 3-14 constitutional rule requiring bills to be read on three several 3-15 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2136 was passed by the House on April 23, 1999, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 2136 on May 20, 1999, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 2136 was passed by the Senate, with amendments, on May 17, 1999, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor