AN ACT
1-1 relating to the creation and organization of certain courts in
1-2 Bexar County.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Section 25.0171, Government Code,
1-5 is amended to read as follows:
1-6 (b) Bexar County has the following county courts at law:
1-7 (1) County Court at Law No. 1 of Bexar County, Texas;
1-8 (2) County Court at Law No. 2 of Bexar County, Texas;
1-9 (3) [(2)] County Court at Law No. 3 of Bexar County,
1-10 Texas;
1-11 (4) [(3)] County Court at Law No. 4 of Bexar County,
1-12 Texas;
1-13 (5) [(4)] County Court at Law No. 5 of Bexar County,
1-14 Texas;
1-15 (6) [(5)] County Court at Law No. 6 of Bexar County,
1-16 Texas;
1-17 (7) [(6)] County Court at Law No. 7 of Bexar County,
1-18 Texas;
1-19 (8) [(7)] County Court at Law No. 8 of Bexar County,
1-20 Texas; [and]
1-21 (9) [(8)] County Court at Law No. 9 of Bexar County,
1-22 Texas;
1-23 (10) County Court at Law No. 10 of Bexar County,
1-24 Texas;
2-1 (11) County Court at Law No. 11 of Bexar County,
2-2 Texas; and
2-3 (12) County Court at Law No. 12 of Bexar County,
2-4 Texas.
2-5 SECTION 2. Section 25.0172, Government Code, is amended by
2-6 adding Subsections (a) and (b) and amending Subsections (c), (d),
2-7 (l), (n), (o), (u), and (v) to read as follows:
2-8 (a) The County Court at Law No. 1 shall give preference to
2-9 criminal cases.
2-10 (b) The County Court at Law No. 10 shall give preference to
2-11 civil cases.
2-12 (c) The County Courts at Law Nos. 4, [and] 6, 11, and 12
2-13 shall give preference to criminal cases and appeals de novo from
2-14 the municipal and justice courts.
2-15 (d) The County Courts at Law Nos. 3, 4, 5, 6, 7, 8, [and] 9,
2-16 10, 11, and 12 have six terms of court beginning on the first
2-17 Mondays in January, March, May, July, September, and November. The
2-18 County Court at Law No. 2 has six terms of court beginning on the
2-19 first Mondays in February, April, June, August, October, and
2-20 December.
2-21 (l) If the judge of the County Court at Law No. 4, 6, 7, 8,
2-22 [or] 9, 10, 11, or 12 is absent, disabled, or disqualified from
2-23 presiding, a special judge may be appointed or elected in the
2-24 manner provided by law for the appointment or election of a special
2-25 county judge. A special judge must take the oath of office
2-26 required by law for the regular judge. A special judge has the
3-1 power and jurisdiction of the court and of the regular judge for
3-2 whom the special judge is sitting and may sign orders, judgments,
3-3 decrees, and other process of any kind as "Judge Presiding." A
3-4 special judge is entitled to receive for services performed the
3-5 same amount of compensation as the regular judge, to be paid out of
3-6 county funds. The compensation paid a special judge may not be
3-7 deducted from the salary of the regular judge.
3-8 (n) The criminal district attorney shall attend the County
3-9 Court at Law No. 4, 6, 7, 8, [or] 9, 10, 11, or 12 as required by
3-10 the judge. The criminal district attorney serves the county courts
3-11 at law as provided by Section 25.0010(b).
3-12 (o) The judge of the County Court at Law No. 4 or 6 may
3-13 appoint a court coordinator or administrative assistant for the
3-14 court. The judge of the County Court at Law No. 7, 8, [or] 9, 10,
3-15 11, or 12 may, with the approval of the commissioners court,
3-16 appoint a court coordinator or administrative assistant for the
3-17 court. A court coordinator or administrative assistant performs
3-18 the duties prescribed by the judge and cooperates with the
3-19 administrative judges and state agencies for the uniform and
3-20 efficient operation of the courts and the administration of
3-21 justice. The court coordinator or administrative assistant is
3-22 entitled to be paid from county funds the compensation, fees, and
3-23 allowances that are set by the commissioners court or as otherwise
3-24 provided by law. These provisions are in addition to the
3-25 provisions in Subchapter F, Chapter 75.
3-26 (u) The official court reporter of a county court at law is
4-1 entitled to receive an annual salary set by the judge and approved
4-2 by the commissioners court at an amount not less than $35,256. The
4-3 official court reporter's fee shall be taxed as costs in civil
4-4 actions in County Courts at Law Nos. 3, 4, 5, 6, 7, 8, [and] 9, 10,
4-5 11, and 12 in the same manner as that fee is taxed in district
4-6 court. In County Court at Law No. 2, the clerk collects the
4-7 official court reporters' fee of $3 and pays it into the county
4-8 treasury in the same manner as district clerks are required to
4-9 collect and pay costs.
4-10 (v) Section 25.0006(a) does not apply to County Courts at
4-11 Law Nos. 4, 6, 7, 8, [and] 9, 10, 11, and 12 of Bexar County.
4-12 Section 25.0006(b) does not apply to County Courts at Law Nos. 3,
4-13 4, 5, 6, 7, 8, [and] 9, 10, 11, and 12 of Bexar County.
4-14 SECTION 3. Subsections (n) and (o), Section 25.0173,
4-15 Government Code, are amended to read as follows:
4-16 (n) [The County Court at Law No. 1 and] Probate Court No. 1
4-17 [of Bexar County] has primary responsibility for mental illness
4-18 proceedings.
4-19 (o) Notwithstanding the local rules adopted under Section
4-20 74.093, the county clerk shall docket all mental health matters in
4-21 [the County Court at Law No. 1 and] Probate Court No. 1 [of Bexar
4-22 County,] and shall docket all even-numbered probate cases in
4-23 Probate Court No. 2 and all odd-numbered probate cases in Probate
4-24 Court No. 1.
4-25 SECTION 4. Subsection (a), Section 25.0171, and Subsection
4-26 (b), Section 25.0173, Government Code, are repealed.
5-1 SECTION 5. On the effective date of this Act, the judge of
5-2 County Court at Law No. 1 and Probate Court of Bexar County, Texas,
5-3 shall transfer all mental illness proceedings before that court to
5-4 Probate Court No. 1 of Bexar County, Texas.
5-5 SECTION 6. The repeal of Subsection (a), Section 25.0171,
5-6 Government Code, by this Act, is intended as a redesignation of the
5-7 County Court at Law No. 1 and Probate Court of Bexar County, Texas,
5-8 as the County Court at Law No. 1 of Bexar County, Texas, by
5-9 amending Subdivision (1), Subsection (b), Section 25.0171,
5-10 Government Code, and that redesignation does not affect the office
5-11 of judge of that court, and the judge, unless otherwise removed,
5-12 continues to serve for the term to which elected.
5-13 SECTION 7. The County Courts at Law Nos. 10, 11, and 12 of
5-14 Bexar County, Texas, are created and this Act takes effect
5-15 September 1, 1999.
5-16 SECTION 8. The importance of this legislation and the
5-17 crowded condition of the calendars in both houses create an
5-18 emergency and an imperative public necessity that the
5-19 constitutional rule requiring bills to be read on three several
5-20 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 158 passed the Senate on
March 24, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 158 passed the House on
April 23, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor