By Farabee H.B. No. 3855
76R12815 DB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the jurisdiction of a county court at law in Wichita
1-3 County.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 25.2452, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 25.2452. WICHITA COUNTY COURT AT LAW PROVISIONS. (a)
1-8 In addition to the jurisdiction provided by Section 25.0003 and
1-9 other law, a county court at law in Wichita County has the general
1-10 jurisdiction provided by Section 25.0021 for a statutory probate
1-11 court and the jurisdiction and authority of a probate court or a
1-12 statutory probate court under Sections 4, 5, 5A, and 5B, Texas
1-13 Probate Code [concurrent jurisdiction with the county court in:]
1-14 [(1) appeals from municipal courts of record in
1-15 Wichita County as provided by Subchapter D, Chapter 30; and]
1-16 [(2) juvenile, child neglect, or dependency
1-17 proceedings as provided by Sections 26.343(b) and (c)].
1-18 (b) A criminal case within the jurisdiction of a county
1-19 court at law and the county court shall be filed with the county
1-20 court of law. A county court at law may transfer a criminal case
1-21 filed according to this subsection, including an appeal from a
1-22 municipal or justice court to the county court, to the county court
1-23 with the consent of the county judge [The County Court at Law No. 2
1-24 of Wichita County has, concurrent with the county court, the
2-1 probate and mental health jurisdiction provided by general law for
2-2 county courts].
2-3 (c) Except as provided by Section 25.0003 and Subsection
2-4 (d), a [The County Court at Law No. 1 of Wichita County has
2-5 concurrent jurisdiction with the county court in probate and mental
2-6 health proceedings when the county judge is absent or unable to
2-7 perform the duties relating to those proceedings. The county judge
2-8 or the commissioners court shall certify the county judge's absence
2-9 or inability to the judge of the county court at law. When the
2-10 certification is for the purpose of conferring power to perform a
2-11 judicial act, the certificate shall be entered on the minutes of
2-12 the appropriate court. The judge of the County Court at Law No. 1
2-13 of Wichita County is not entitled to receive any additional
2-14 compensation for performing these duties.]
2-15 [(d) A] county court at law has concurrent jurisdiction with
2-16 the district court in:
2-17 (1) civil cases; and
2-18 (2) family law cases and proceedings under the Family
2-19 Code, regardless of the amount in controversy[;]
2-20 [(2) suits brought under the authority of Chapter 60
2-21 or 159, Family Code; and]
2-22 [(3) other juvenile and child welfare cases in which
2-23 the district and county courts have jurisdiction].
2-24 (d) A county court at law does not have jurisdiction of a
2-25 case under:
2-26 (1) the Alcoholic Beverage Code;
2-27 (2) the Election Code; or
3-1 (3) the Tax Code.
3-2 (e) On the motion of any party, a county court at law may
3-3 transfer a civil case, other than a case that the court has
3-4 jurisdiction of under Subsection (a), within the concurrent
3-5 jurisdiction of the district court in Wichita County to the
3-6 district court for completion of the case if that case exceeds the
3-7 maximum amount in controversy allowed the county court at law under
3-8 Section 25.0003. The motion must contain a detailed description of
3-9 all damages alleged, exclusive of punitive or exemplary damages,
3-10 penalties, interest, costs, and attorney's fees. A case that is
3-11 transferred to the district court shall proceed to completion under
3-12 the same cause number assigned in the county court at law and shall
3-13 be conducted in the same manner as if the case were originally
3-14 filed in the district court. If all parties to the action announce
3-15 ready for trial before a motion to transfer the case is filed, the
3-16 county court at law retains jurisdiction of the case regardless of
3-17 the amount in controversy.
3-18 (f) The judge of a county court at law may not engage in the
3-19 private practice of law.
3-20 (g) The judge of a county court at law shall be paid an
3-21 annual salary in an [that does not exceed the] amount that is at
3-22 least 90 percent of the total annual salary received by a district
3-23 judge in the county. The salary shall be paid out of the county
3-24 treasury by the commissioners court. The judge may be paid in
3-25 equal monthly installments in the same manner as other county
3-26 employees. The judge is also entitled to receive travel expenses
3-27 and necessary office expenses, including administrative and
4-1 clerical assistance, in the same manner as the county judge.
4-2 (h) A special judge of a county court at law may be
4-3 appointed or elected in the manner provided by law for the
4-4 appointment or election of a special county judge. If a judge of a
4-5 county court at law is disqualified to try a case pending in the
4-6 judge's court, the parties or their attorneys may agree on the
4-7 selection of a special judge for the case. A special judge must
4-8 have the qualifications of the regular judge. A special judge is
4-9 entitled to the same rate of compensation as the regular judge.
4-10 (i) The district clerk of Wichita County serves as the clerk
4-11 of the county courts at law in Wichita County in all cases except
4-12 criminal cases and civil cases involving mental health or probate
4-13 matters. The [enumerated in Subsection (d), and the] county clerk
4-14 serves as clerk in cases involving criminal, mental health, or
4-15 probate matters [all other cases].
4-16 (j) The commissioners court may employ as many deputy
4-17 sheriffs and bailiffs as are necessary to serve the court.
4-18 (k) Except as otherwise required by a law governing a
4-19 specific cause of action, if [If] a case [enumerated in Subsection
4-20 (d)] is tried before a jury, the jury shall be composed of six
4-21 members and may render verdicts by a five to one margin in civil
4-22 cases and a unanimous verdict in criminal cases. The laws
4-23 governing the drawing, selection, service, and pay of jurors for
4-24 county courts apply to the county courts at law. Jurors regularly
4-25 impaneled for a week by a district court may, on request of the
4-26 county judge or a county court at law judge, be made available and
4-27 shall serve for the week in the county court or county court at
5-1 law.
5-2 SECTION 2. Section 26.343, Government Code, is amended by
5-3 amending Subsection (a) and adding Subsection (d) to read as
5-4 follows:
5-5 (a) The County Court of Wichita County has [general criminal
5-6 jurisdiction,] the general jurisdiction of a probate court [,] and
5-7 juvenile jurisdiction as provided by Section 26.042(b) but has no
5-8 other civil jurisdiction except as prescribed by Subsection (b).
5-9 (d) Except as provided by Section 25.2452(b), the county
5-10 court does not have jurisdiction of criminal cases.
5-11 SECTION 3. This Act takes effect September 1, 1999, and
5-12 applies only to a cause of action filed on or after the effective
5-13 date of this Act.
5-14 SECTION 4. The importance of this legislation and the
5-15 crowded condition of the calendars in both houses create an
5-16 emergency and an imperative public necessity that the
5-17 constitutional rule requiring bills to be read on three several
5-18 days in each house be suspended, and this rule is hereby suspended.