1-1 AN ACT
1-2 relating to the creation of the County Court at Law No. 4 of
1-3 Montgomery County and to the jurisdiction, operation, and
1-4 administration of the county courts at law in Montgomery County.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 25.1721, Government Code, is amended to
1-7 read as follows:
1-8 Sec. 25.1721. MONTGOMERY COUNTY. Montgomery County has the
1-9 following statutory county courts:
1-10 (1) County Court at Law No. 1 of Montgomery County;
1-11 (2) County Court at Law No. 2 of Montgomery County;
1-12 [and]
1-13 (3) County Court at Law No. 3 of Montgomery County;
1-14 and
1-15 (4) County Court at Law No. 4 of Montgomery County.
1-16 SECTION 2. Section 25.1722, Government Code, is amended to
1-17 read as follows:
1-18 Sec. 25.1722. MONTGOMERY COUNTY COURT AT LAW PROVISIONS. (a)
1-19 In addition to the jurisdiction provided by Section 25.0003 and
1-20 other law, a county court at law in Montgomery County has
1-21 concurrent jurisdiction with the district court in:
1-22 (1) family law cases and proceedings;
1-23 (2) [cases under Chapter 159, Family Code;]
1-24 [(3)] cases and proceedings involving justiciable
2-1 controversies and differences between spouses, or between parents,
2-2 or between parent and child, or between any of these and third
2-3 persons, corporations, trustees, or other legal entities; and
2-4 (3) [(4)] matters involving an inter vivos trust.
2-5 (b) [The County Court at Law No. 1 of Montgomery County also
2-6 has concurrent jurisdiction with the justice court in all criminal
2-7 matters prescribed by law for justice courts. This subsection does
2-8 not affect the right of appeal to the County Court at Law No. 1 of
2-9 Montgomery County from the justice court where the right of appeal
2-10 to the county court exists by law.]
2-11 [(c) The County Court at Law No. 1 of Montgomery County has
2-12 the same terms of court as the County Court of Montgomery County.]
2-13 The commissioners court shall prescribe at least four terms each
2-14 year for a county court at law in [the County Court at Law Nos. 2
2-15 and 3 of] Montgomery County.
2-16 (c) [(g)] The judge of a county court at law may not engage
2-17 in the private practice of law [appear and plead as an attorney at
2-18 law in any court of record in this state or in any court over which
2-19 the judge has appellate jurisdiction].
2-20 (d) [(h)] The judge of a county court at law shall be paid
2-21 an annual salary that is not less than $1,000 less than [equal to
2-22 at least 95 percent of] the total annual salary, including
2-23 supplements, of any [the] district judge [judges] in the county.
2-24 The salary shall be paid by the county treasurer on order of the
2-25 commissioners court. The judge of a county court at law is
2-26 entitled to receive travel expenses and necessary office expenses,
2-27 including administrative and clerical assistance, in the same
3-1 manner as the county judge.
3-2 (e) [(i) If the judge of a county court at law is
3-3 disqualified to try a case, a special judge of a county court at
3-4 law may be appointed in the manner provided by law for the
3-5 appointment of a special county judge. A special judge must have
3-6 the same qualifications as the regular judge and is entitled to the
3-7 same rate of compensation as the regular judge.]
3-8 [(j)] The district clerk of Montgomery County serves as
3-9 clerk of the county courts at law in cases of concurrent
3-10 jurisdiction between the district courts and the county courts at
3-11 law and shall establish separate dockets for the county courts at
3-12 law. The county clerk serves as clerk of the county courts at law
3-13 in all other cases. The commissioners court may employ as many
3-14 assistant county attorneys, deputy sheriffs, and clerks as are
3-15 necessary to serve the county courts at law.
3-16 [(k) Practice in the County Court at Law No. 1 of Montgomery
3-17 County is that prescribed by law for county courts.]
3-18 (f) Except as otherwise provided by this subsection, juries
3-19 in a county court at law [(l) Juries in the County Courts at Law
3-20 Nos. 1 and 2] shall be composed of six members. Juries in family
3-21 law cases and proceedings shall be composed of 12 members, unless
3-22 the parties agree to a six-member jury [the County Court at Law No.
3-23 3 shall be composed of 12 members in all civil and criminal cases,
3-24 except that in misdemeanor criminal cases and other cases of
3-25 concurrent jurisdiction with the county court, juries shall be
3-26 composed of six members].
3-27 (g) [(m)] The laws governing the drawing, selection,
4-1 service, and pay of jurors for county courts apply to the county
4-2 courts at law. Jurors [summoned for the county court or county
4-3 courts at law may by order of the judge of the court to which they
4-4 are summoned be transferred to another court for service and may be
4-5 used as if summoned for the court to which they are transferred.
4-6 If the judges of the county court and the County Court at Law No. 1
4-7 agree, jurors] may be summoned for service in the county [either]
4-8 court, a county court at law, or a district court in Montgomery
4-9 County and used interchangeably in the courts. [Jurors regularly
4-10 summoned for the week by the district courts of Montgomery County
4-11 may, at the request of the county judge or the judges of the county
4-12 courts at law, be made available by the district judges in the
4-13 numbers requested and shall serve for the week in the county court
4-14 or the county courts at law.]
4-15 (h) [(n)] Appeals in all cases from judgments and orders of
4-16 a county court at law [the County Courts at Law Nos. 2 and 3] are
4-17 to the court of appeals as provided for appeals from district and
4-18 county courts.
4-19 SECTION 3. The County Court at Law No. 4 of Montgomery County
4-20 is created and this Act takes effect January 1, 2002.
4-21 SECTION 4. (a) The local administrative statutory county
4-22 court judge shall transfer any criminal matter for which
4-23 jurisdiction is prescribed by law for justice courts that is
4-24 pending in the County Court at Law No. 1 of Montgomery County on
4-25 the effective date of this Act to a justice court in an appropriate
4-26 precinct in the county.
4-27 (b) When a case is transferred as provided by Subsection (a)
5-1 of this section, all processes, writs, bonds, recognizances, or
5-2 other obligations issued from the transferring court are returnable
5-3 to the court to which a case is transferred as if originally issued
5-4 by that court. The obligee on all bonds and recognizances taken in
5-5 and for a court from which a case is transferred, and all witnesses
5-6 summoned to appear in a court from which a case is transferred, are
5-7 required to appear before the court to which a case is transferred
5-8 as if originally required to appear before the court to which the
5-9 transfer is made.
5-10 SECTION 5. The change in law made by this Act to Section
5-11 25.1722(i), Government Code, does not affect the appointment of a
5-12 special judge of a county court at law made before the effective
5-13 date of this Act. The appointment of a special judge of a county
5-14 court at law made before the effective date of this Act is governed
5-15 by the law in effect on the date the appointment was made, and the
5-16 former law is continued in effect for that purpose.
5-17 SECTION 6. The change in law made by this Act to Section
5-18 25.1722(k), Government Code, applies only to a case commenced on or
5-19 after the effective date of this Act. A case commenced before the
5-20 effective date of this Act is governed by the law in effect on the
5-21 date the case was commenced, and the former law is continued in
5-22 effect for that purpose.
5-23 SECTION 7. Section 25.1722(l), Government Code, as amended
5-24 by this Act, applies only to a jury impaneled on or after the
5-25 effective date of this Act, without regard to whether the case for
5-26 which the jury is impaneled commenced before, on, or after that
5-27 date. A jury impaneled before the effective date of this Act is
6-1 governed by the law in effect immediately before the effective date
6-2 of this Act, and the former law is continued in effect for that
6-3 purpose.
6-4 SECTION 8. Section 25.1722(m), Government Code, as amended
6-5 by this Act, applies only to a person summoned to appear for jury
6-6 service on or after the effective date of this Act. A person
6-7 summoned to appear for jury service before the effective date of
6-8 this Act is governed by the law in effect on the date the person is
6-9 summoned, and the former law is continued in effect for that
6-10 purpose.
6-11 SECTION 9. Section 25.1722(n), Government Code, as amended
6-12 by this Act, applies only to an appeal from a judgment or order of
6-13 a county court at law that is filed on or after the effective date
6-14 of this Act. An appeal from a judgment or order of a county court
6-15 at law that is filed before the effective date of this Act is
6-16 governed by the law in effect on the date the appeal is filed, and
6-17 the former law is continued in effect for that purpose.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3627 was passed by the House on April
27, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3627 was passed by the Senate on May
22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor