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.