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