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