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.
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