By Clark H.B. No. 2307 77R8407 JMC-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of a county court at law in Cooke County, 1-3 to the jurisdiction of the County Court of Cooke County, and to an 1-4 exemption from certain judicial training and instruction for the 1-5 judge of the county court. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Subchapter C, Chapter 25, Government Code, is 1-8 amended by adding Sections 25.0511 and 25.0512 to read as follows: 1-9 Sec. 25.0511. COOKE COUNTY. Cooke County has one statutory 1-10 county court, the County Court at Law of Cooke County. 1-11 Sec. 25.0512. COOKE COUNTY COURT AT LAW PROVISIONS. (a) In 1-12 addition to meeting the qualifications of office in Section 1-13 25.0014, the judge of a county court at law in Cooke County must 1-14 meet the qualifications of office for a district judge provided by 1-15 Section 7, Article V, Texas Constitution. 1-16 (b) The judge of a county court at law may not engage in the 1-17 private practice of law. 1-18 (c) The judge of a county court at law shall be paid annual 1-19 compensation equal to the annual compensation, including all 1-20 supplements, paid from any public source to a district judge in the 1-21 county. The salary of the judge of a county court at law shall be 1-22 paid in equal installments at least monthly. 1-23 (d) The commissioners court, on proper request by the 1-24 appropriate official in charge of a department, may employ as many 2-1 additional assistant attorneys, deputy sheriffs, and deputy clerks 2-2 as are shown to the commissioners court's satisfaction to be 2-3 necessary to serve each county court at law. 2-4 (e) A court officer appointed by the judge of a county court 2-5 at law shall be sworn by the judge by an oath in the general form 2-6 provided by law for appointed officials. The judge shall modify 2-7 the oath to apply to the particular officer and duties or to 2-8 conform to any statutory oath required for the particular position. 2-9 (f) An official court reporter of a county court at law may 2-10 be paid: 2-11 (1) annual compensation equal to the annual 2-12 compensation paid the official court reporters serving each 2-13 district court in Cooke County; and 2-14 (2) any longevity pay to which the reporter is 2-15 entitled under a county compensation program. 2-16 (g) The laws governing the drawing, selection, service, and 2-17 pay of jurors for county courts apply to a county court at law. 2-18 Jurors regularly impaneled for a week by the district court may, on 2-19 request of the judge of a county court at law, be made available 2-20 and shall serve for the week in a county court at law. The jury in 2-21 a county court at law is composed of six members. 2-22 (h) Practice and procedure, appeals, and writs of error in a 2-23 county court at law are as prescribed by law for county courts, 2-24 except that practice and procedure, rules of evidence, and all 2-25 other matters pertaining to the conduct of trials and hearings in a 2-26 county court at law, other than the number of jurors, that involve 2-27 eminent domain cases and cases in which a district court and county 3-1 court at law have concurrent jurisdiction are governed by the laws 3-2 and rules pertaining to district courts. 3-3 (i) The judges of each district court and county court at 3-4 law in Cooke County may enter joint local administrative orders 3-5 providing for the exchange of benches in cases in which a district 3-6 court and county court at law have concurrent jurisdiction. 3-7 SECTION 2. Subchapter E, Chapter 26, Government Code, is 3-8 amended by adding Section 26.149 to read as follows: 3-9 Sec. 26.149. COOKE COUNTY. (a) The County Court of Cooke 3-10 County does not have probate, guardianship, mental health, 3-11 juvenile, civil, criminal, or appellate jurisdiction. 3-12 (b) The judge of the County Court of Cooke County is exempt 3-13 from the judicial training and instruction required under Chapter 3-14 22. 3-15 SECTION 3. The County Court at Law of Cooke County is 3-16 created and this Act takes effect December 1, 2001. 3-17 SECTION 4. (a) The judge of the County Court of Cooke 3-18 County shall transfer any case that is pending in the county court 3-19 on the effective date of this Act over which the court loses 3-20 jurisdiction under this Act to the County Court at Law of Cooke 3-21 County. 3-22 (b) When a case is transferred as provided by Subsection 3-23 (a) of this section, all processes, writs, bonds, recognizances, 3-24 or other obligations issued from the transferring court are 3-25 returnable to the court to which the case is transferred as if 3-26 originally issued by that court. The obligee in all bonds and 3-27 recognizances taken in and for a court from which a case is 4-1 transferred, and all witnesses summoned to appear in a court from 4-2 which a case is transferred, are required to appear before the 4-3 court to which a case is transferred as if originally required to 4-4 appear before the court to which the transfer is made.