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.