77R13236 KLA-D
By Farabee H.B. No. 3632
Substitute the following for H.B. No. 3632:
By Thompson C.S.H.B. No. 3632
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the jurisdiction of a county court at law in Wichita
1-3 County.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 25.2452, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 25.2452. WICHITA COUNTY COURT AT LAW PROVISIONS. (a)
1-8 In addition to the jurisdiction provided by Section 25.0003 and
1-9 other law, including the general jurisdiction provided for a county
1-10 court at law by the Texas Probate Code, a county court at law in
1-11 Wichita County has concurrent jurisdiction with the county court
1-12 in:
1-13 (1) appeals from municipal courts of record in Wichita
1-14 County as provided by Subchapter D, Chapter 30; [and]
1-15 (2) misdemeanor cases; and
1-16 (3) probate and mental health matters [juvenile, child
1-17 neglect, or dependency proceedings as provided by Sections
1-18 26.343(b) and (c)].
1-19 (b) All misdemeanor cases, probate and mental health
1-20 matters, and appeals from municipal courts of record shall be filed
1-21 in the county court at law. A county court at law may transfer a
1-22 case or an appeal described by this subsection to the county court
1-23 with the consent of the county judge [The County Court at Law No. 2
1-24 of Wichita County has, concurrent with the county court, the
2-1 probate and mental health jurisdiction provided by general law for
2-2 county courts].
2-3 (c) Except as provided by Section 25.0003 and Subsection
2-4 (d), a [The County Court at Law No. 1 of Wichita County has
2-5 concurrent jurisdiction with the county court in probate and mental
2-6 health proceedings when the county judge is absent or unable to
2-7 perform the duties relating to those proceedings. The county judge
2-8 or the commissioners court shall certify the county judge's absence
2-9 or inability to the judge of the county court at law. When the
2-10 certification is for the purpose of conferring power to perform a
2-11 judicial act, the certificate shall be entered on the minutes of
2-12 the appropriate court. The judge of the County Court at Law No. 1
2-13 of Wichita County is not entitled to receive any additional
2-14 compensation for performing these duties.]
2-15 [(d) A] county court at law has concurrent jurisdiction with
2-16 the district court in:
2-17 (1) family law cases and proceedings under the Family
2-18 Code; and
2-19 (2) civil cases [suits brought under the authority of
2-20 Chapter 60 or 159, Family Code; and]
2-21 [(3) other juvenile and child welfare cases in which
2-22 the district and county courts have jurisdiction].
2-23 (d) A county court at law does not have jurisdiction of:
2-24 (1) a case under:
2-25 (A) the Alcoholic Beverage Code;
2-26 (B) the Election Code; or
2-27 (C) the Tax Code;
3-1 (2) a matter over which the district court has
3-2 exclusive jurisdiction; or
3-3 (3) a civil case, other than a case under the Family
3-4 Code or the Texas Probate Code, in which the amount in controversy
3-5 is:
3-6 (A) less than the maximum amount in controversy
3-7 allowed the justice court in Wichita County; or
3-8 (B) more than $100,000, exclusive of punitive or
3-9 exemplary damages, penalties, interest, costs, and attorney's fees.
3-10 (e) On the motion of any party, a county court at law may
3-11 transfer a civil case originally filed in a county court at law
3-12 that exceeds the maximum amount in controversy described by
3-13 Subsection (d)(3)(B) to the district court in Wichita County,
3-14 except that an announcement of ready for trial by all parties
3-15 before a motion to transfer the case to the district court is filed
3-16 confers original jurisdiction on the county court at law. A case
3-17 that is transferred to the district court shall be completed under
3-18 the same cause number and in the same manner as if the case were
3-19 originally filed in the district court.
3-20 (f) The judge of a county court at law may not engage in the
3-21 private practice of law.
3-22 (g) The judge of a county court at law shall be paid an
3-23 annual salary that is $1,000 less than [does not exceed the amount
3-24 that is 90 percent of] the total annual salary received by a
3-25 district judge in the county. The salary shall be paid out of the
3-26 county treasury by the commissioners court. The judge shall [may]
3-27 be paid in [equal monthly] installments in the same manner as other
4-1 county employees. The judge is also entitled to receive travel
4-2 expenses and necessary office expenses, including administrative
4-3 and clerical assistance, in the same manner as the county judge.
4-4 (h) A special judge of a county court at law may be
4-5 appointed or elected in the manner provided by law for the
4-6 appointment or election of a special county judge. If a judge of a
4-7 county court at law is disqualified to try a case pending in the
4-8 judge's court, the parties or their attorneys may agree on the
4-9 selection of a special judge for the case. A special judge must
4-10 have the qualifications of the regular judge. A special judge is
4-11 entitled to the same rate of compensation as the regular judge.
4-12 (i) The district clerk of Wichita County serves as the clerk
4-13 of the county courts at law in Wichita County in all civil cases
4-14 except probate and mental health matters. The [enumerated in
4-15 Subsection (d), and the] county clerk serves as clerk in cases
4-16 involving criminal, probate, or mental health matters [all other
4-17 cases].
4-18 (j) The commissioners court may employ as many deputy
4-19 sheriffs and bailiffs as are necessary to serve the court.
4-20 (k) Except as otherwise required by law, if [If] a case
4-21 [enumerated in Subsection (d)] is tried before a jury, the jury
4-22 shall be composed of six members and may render verdicts by a five
4-23 to one margin in civil cases and a unanimous verdict in criminal
4-24 cases. The laws governing the drawing, selection, service, and pay
4-25 of jurors for county courts apply to the county courts at law.
4-26 Jurors regularly impaneled for a week by a district court may, on
4-27 request of the county judge exercising the jurisdiction provided by
5-1 this section or a county court at law judge, be made available and
5-2 shall serve for the week in the county court or county court at
5-3 law.
5-4 SECTION 2. This Act takes effect September 1, 2001, and
5-5 applies only to a cause of action filed on or after that date.