1-1 By: Hope (Senate Sponsor - Bernsen) H.B. No. 3627
1-2 (In the Senate - Received from the House April 30, 2001;
1-3 May 1, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 10, 2001, reported favorably by
1-5 the following vote: Yeas 5, Nays 0; May 10, 2001, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the creation of the County Court at Law No. 4 of
1-10 Montgomery County and to the jurisdiction, operation, and
1-11 administration of the county courts at law in Montgomery County.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 25.1721, Government Code, is amended to
1-14 read as follows:
1-15 Sec. 25.1721. MONTGOMERY COUNTY. Montgomery County has the
1-16 following statutory county courts:
1-17 (1) County Court at Law No. 1 of Montgomery County;
1-18 (2) County Court at Law No. 2 of Montgomery County;
1-19 [and]
1-20 (3) County Court at Law No. 3 of Montgomery County;
1-21 and
1-22 (4) County Court at Law No. 4 of Montgomery County.
1-23 SECTION 2. Section 25.1722, Government Code, is amended to
1-24 read as follows:
1-25 Sec. 25.1722. MONTGOMERY COUNTY COURT AT LAW PROVISIONS. (a)
1-26 In addition to the jurisdiction provided by Section 25.0003 and
1-27 other law, a county court at law in Montgomery County has
1-28 concurrent jurisdiction with the district court in:
1-29 (1) family law cases and proceedings;
1-30 (2) [cases under Chapter 159, Family Code;]
1-31 [(3)] cases and proceedings involving justiciable
1-32 controversies and differences between spouses, or between parents,
1-33 or between parent and child, or between any of these and third
1-34 persons, corporations, trustees, or other legal entities; and
1-35 (3) [(4)] matters involving an inter vivos trust.
1-36 (b) [The County Court at Law No. 1 of Montgomery County also
1-37 has concurrent jurisdiction with the justice court in all criminal
1-38 matters prescribed by law for justice courts. This subsection does
1-39 not affect the right of appeal to the County Court at Law No. 1 of
1-40 Montgomery County from the justice court where the right of appeal
1-41 to the county court exists by law.]
1-42 [(c) The County Court at Law No. 1 of Montgomery County has
1-43 the same terms of court as the County Court of Montgomery County.]
1-44 The commissioners court shall prescribe at least four terms each
1-45 year for a county court at law in [the County Court at Law Nos. 2
1-46 and 3 of] Montgomery County.
1-47 (c) [(g)] The judge of a county court at law may not engage
1-48 in the private practice of law [appear and plead as an attorney at
1-49 law in any court of record in this state or in any court over which
1-50 the judge has appellate jurisdiction].
1-51 (d) [(h)] The judge of a county court at law shall be paid
1-52 an annual salary that is not less than $1,000 less than [equal to
1-53 at least 95 percent of] the total annual salary, including
1-54 supplements, of any [the] district judge [judges] in the county.
1-55 The salary shall be paid by the county treasurer on order of the
1-56 commissioners court. The judge of a county court at law is
1-57 entitled to receive travel expenses and necessary office expenses,
1-58 including administrative and clerical assistance, in the same
1-59 manner as the county judge.
1-60 (e) [(i) If the judge of a county court at law is
1-61 disqualified to try a case, a special judge of a county court at
1-62 law may be appointed in the manner provided by law for the
1-63 appointment of a special county judge. A special judge must have
1-64 the same qualifications as the regular judge and is entitled to the
2-1 same rate of compensation as the regular judge.]
2-2 [(j)] The district clerk of Montgomery County serves as
2-3 clerk of the county courts at law in cases of concurrent
2-4 jurisdiction between the district courts and the county courts at
2-5 law and shall establish separate dockets for the county courts at
2-6 law. The county clerk serves as clerk of the county courts at law
2-7 in all other cases. The commissioners court may employ as many
2-8 assistant county attorneys, deputy sheriffs, and clerks as are
2-9 necessary to serve the county courts at law.
2-10 [(k) Practice in the County Court at Law No. 1 of Montgomery
2-11 County is that prescribed by law for county courts.]
2-12 (f) Except as otherwise provided by this subsection, juries
2-13 in a county court at law [(l) Juries in the County Courts at Law
2-14 Nos. 1 and 2] shall be composed of six members. Juries in family
2-15 law cases and proceedings shall be composed of 12 members, unless
2-16 the parties agree to a six-member jury [the County Court at Law No.
2-17 3 shall be composed of 12 members in all civil and criminal cases,
2-18 except that in misdemeanor criminal cases and other cases of
2-19 concurrent jurisdiction with the county court, juries shall be
2-20 composed of six members].
2-21 (g) [(m)] The laws governing the drawing, selection,
2-22 service, and pay of jurors for county courts apply to the county
2-23 courts at law. Jurors [summoned for the county court or county
2-24 courts at law may by order of the judge of the court to which they
2-25 are summoned be transferred to another court for service and may be
2-26 used as if summoned for the court to which they are transferred.
2-27 If the judges of the county court and the County Court at Law No. 1
2-28 agree, jurors] may be summoned for service in the county [either]
2-29 court, a county court at law, or a district court in Montgomery
2-30 County and used interchangeably in the courts. [Jurors regularly
2-31 summoned for the week by the district courts of Montgomery County
2-32 may, at the request of the county judge or the judges of the county
2-33 courts at law, be made available by the district judges in the
2-34 numbers requested and shall serve for the week in the county court
2-35 or the county courts at law.]
2-36 (h) [(n)] Appeals in all cases from judgments and orders of
2-37 a county court at law [the County Courts at Law Nos. 2 and 3] are
2-38 to the court of appeals as provided for appeals from district and
2-39 county courts.
2-40 SECTION 3. The County Court at Law No. 4 of Montgomery County
2-41 is created and this Act takes effect January 1, 2002.
2-42 SECTION 4. (a) The local administrative statutory county
2-43 court judge shall transfer any criminal matter for which
2-44 jurisdiction is prescribed by law for justice courts that is
2-45 pending in the County Court at Law No. 1 of Montgomery County on
2-46 the effective date of this Act to a justice court in an appropriate
2-47 precinct in the county.
2-48 (b) When a case is transferred as provided by Subsection (a)
2-49 of this section, all processes, writs, bonds, recognizances, or
2-50 other obligations issued from the transferring court are returnable
2-51 to the court to which a case is transferred as if originally issued
2-52 by that court. The obligee on all bonds and recognizances taken in
2-53 and for a court from which a case is transferred, and all witnesses
2-54 summoned to appear in a court from which a case is transferred, are
2-55 required to appear before the court to which a case is transferred
2-56 as if originally required to appear before the court to which the
2-57 transfer is made.
2-58 SECTION 5. The change in law made by this Act to Section
2-59 25.1722(i), Government Code, does not affect the appointment of a
2-60 special judge of a county court at law made before the effective
2-61 date of this Act. The appointment of a special judge of a county
2-62 court at law made before the effective date of this Act is governed
2-63 by the law in effect on the date the appointment was made, and the
2-64 former law is continued in effect for that purpose.
2-65 SECTION 6. The change in law made by this Act to Section
2-66 25.1722(k), Government Code, applies only to a case commenced on or
2-67 after the effective date of this Act. A case commenced before the
2-68 effective date of this Act is governed by the law in effect on the
2-69 date the case was commenced, and the former law is continued in
3-1 effect for that purpose.
3-2 SECTION 7. Section 25.1722(l), Government Code, as amended
3-3 by this Act, applies only to a jury impaneled on or after the
3-4 effective date of this Act, without regard to whether the case for
3-5 which the jury is impaneled commenced before, on, or after that
3-6 date. A jury impaneled before the effective date of this Act is
3-7 governed by the law in effect immediately before the effective date
3-8 of this Act, and the former law is continued in effect for that
3-9 purpose.
3-10 SECTION 8. Section 25.1722(m), Government Code, as amended
3-11 by this Act, applies only to a person summoned to appear for jury
3-12 service on or after the effective date of this Act. A person
3-13 summoned to appear for jury service before the effective date of
3-14 this Act is governed by the law in effect on the date the person is
3-15 summoned, and the former law is continued in effect for that
3-16 purpose.
3-17 SECTION 9. Section 25.1722(n), Government Code, as amended
3-18 by this Act, applies only to an appeal from a judgment or order of
3-19 a county court at law that is filed on or after the effective date
3-20 of this Act. An appeal from a judgment or order of a county court
3-21 at law that is filed before the effective date of this Act is
3-22 governed by the law in effect on the date the appeal is filed, and
3-23 the former law is continued in effect for that purpose.
3-24 * * * * *