1-1 By: Telford (Senate Sponsor - Ratliff) H.B. No. 3822 1-2 (In the Senate - Received from the House May 3, 1999; 1-3 May 3, 1999, read first time and referred to Committee on 1-4 Intergovernmental Relations; May 13, 1999, reported favorably by 1-5 the following vote: Yeas 5, Nays 0; May 13, 1999, sent to 1-6 printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the creation of the County Court at Law of Bowie 1-10 County. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Effective January 1, 2001, Subchapter C, Chapter 1-13 25, Government Code, is amended by adding Sections 25.0211 and 1-14 25.0212 to read as follows: 1-15 Sec. 25.0211. BOWIE COUNTY. Bowie County has one statutory 1-16 county court, the County Court at Law of Bowie County. 1-17 Sec. 25.0212. BOWIE COUNTY COURT AT LAW PROVISIONS. (a) In 1-18 addition to the jurisdiction provided by Section 25.0003 and other 1-19 law and except as limited by Subsection (b), a county court at law 1-20 in Bowie County has, concurrent with the district court, the 1-21 jurisdiction provided by the constitution and by general law for 1-22 district courts. 1-23 (b) A county court at law does not have general supervisory 1-24 control or appellate review of the commissioners court or 1-25 jurisdiction of: 1-26 (1) felony criminal matters; 1-27 (2) suits on behalf of the state to recover penalties 1-28 or escheated property; 1-29 (3) misdemeanors involving official misconduct; 1-30 (4) contested elections; or 1-31 (5) civil cases in which the matter in controversy 1-32 exceeds $100,000, excluding interest, statutory or punitive damages 1-33 and penalties, and attorney's fees and costs, as alleged on the 1-34 face of the petition. 1-35 (c) The judge of a county court at law must have the same 1-36 qualifications as those required by law for a district judge. 1-37 (d) The judge of a county court at law shall be paid an 1-38 annual salary that is at least equal to 60 percent, but does not 1-39 exceed 80 percent, of the annual salary that is paid to a district 1-40 judge in Bowie County, including any supplements or contributions 1-41 payable by the state or Bowie County. The salary shall be paid from 1-42 the same fund and in the same manner as other county officials in 1-43 Bowie County are paid. 1-44 (e) The judge of a county court at law may not engage in the 1-45 private practice of law. 1-46 (f) The commissioners court may authorize the judge of a 1-47 county court at law to set the official court reporter's salary. 1-48 (g) At the request of the judge of a county court at law, 1-49 jurors regularly impaneled by the district court for a week may be 1-50 made available and shall serve for the week in the county court at 1-51 law. 1-52 (h) The district clerk serves as clerk of a county court at 1-53 law in matters of concurrent jurisdiction with the district courts, 1-54 and the county clerk serves as clerk of a county court at law in 1-55 all other matters. Each clerk shall establish a separate docket 1-56 for a county court at law. 1-57 SECTION 2. Notwithstanding Section 25.0009, Government Code, 1-58 the initial vacancy in the office of judge of the County Court at 1-59 Law of Bowie County shall be filled by election for a two-year 1-60 term. The office exists for the purposes of the primary and 1-61 general elections in 2000. The qualified voters of the county 1-62 shall elect the initial judge for a two-year term beginning January 1-63 1, 2001. Thereafter, the judge shall be elected for a four-year 1-64 term as provided by Sections 64 and 65, Article XVI, Texas 2-1 Constitution. A vacancy after the initial vacancy is filled as 2-2 provided by Section 25.0009, Government Code. 2-3 SECTION 3. The importance of this legislation and the 2-4 crowded condition of the calendars in both houses create an 2-5 emergency and an imperative public necessity that the 2-6 constitutional rule requiring bills to be read on three several 2-7 days in each house be suspended, and this rule is hereby suspended. 2-8 * * * * *