By Telford H.B. No. 3822
76R10679 DB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the County Court at Law of Bowie
1-3 County.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Effective January 1, 2001, Subchapter C, Chapter
1-6 25, Government Code, is amended by adding Sections 25.0211 and
1-7 25.0212 to read as follows:
1-8 Sec. 25.0211. BOWIE COUNTY. Bowie County has one statutory
1-9 county court, the County Court at Law of Bowie County.
1-10 Sec. 25.0212. BOWIE COUNTY COURT AT LAW PROVISIONS. (a) In
1-11 addition to the jurisdiction provided by Section 25.0003 and other
1-12 law and except as limited by Subsection (b), a county court at law
1-13 in Bowie County has, concurrent with the district court, the
1-14 jurisdiction provided by the constitution and by general law for
1-15 district courts.
1-16 (b) A county court at law does not have general supervisory
1-17 control or appellate review of the commissioners court or
1-18 jurisdiction of:
1-19 (1) felony criminal matters;
1-20 (2) suits on behalf of the state to recover penalties
1-21 or escheated property;
1-22 (3) misdemeanors involving official misconduct;
1-23 (4) contested elections; or
1-24 (5) civil cases in which the matter in controversy
2-1 exceeds $100,000, excluding interest, statutory or punitive damages
2-2 and penalties, and attorney's fees and costs, as alleged on the
2-3 face of the petition.
2-4 (c) The judge of a county court at law must have the same
2-5 qualifications as those required by law for a district judge.
2-6 (d) The judge of a county court at law shall be paid an
2-7 annual salary that is at least equal to 60 percent, but does not
2-8 exceed 80 percent, of the annual salary that is paid to a district
2-9 judge in Bowie County, including any supplements or contributions
2-10 payable by the state or Bowie County. The salary shall be paid from
2-11 the same fund and in the same manner as other county officials in
2-12 Bowie County are paid.
2-13 (e) The judge of a county court at law may not engage in the
2-14 private practice of law.
2-15 (f) The commissioners court may authorize the judge of a
2-16 county court at law to set the official court reporter's salary.
2-17 (g) At the request of the judge of a county court at law,
2-18 jurors regularly impaneled by the district court for a week may be
2-19 made available and shall serve for the week in the county court at
2-20 law.
2-21 (h) The district clerk serves as clerk of a county court at
2-22 law in matters of concurrent jurisdiction with the district courts,
2-23 and the county clerk serves as clerk of a county court at law in
2-24 all other matters. Each clerk shall establish a separate docket
2-25 for a county court at law.
2-26 SECTION 2. Notwithstanding Section 25.0009, Government Code,
2-27 the initial vacancy in the office of judge of the County Court at
3-1 Law of Bowie County shall be filled by election for a two-year
3-2 term. The office exists for the purposes of the primary and
3-3 general elections in 2000. The qualified voters of the county
3-4 shall elect the initial judge for a two-year term beginning January
3-5 1, 2001. Thereafter, the judge shall be elected for a four-year
3-6 term as provided by Sections 64 and 65, Article XVI, Texas
3-7 Constitution. A vacancy after the initial vacancy is filled as
3-8 provided by Section 25.0009, Government Code.
3-9 SECTION 3. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.