1-1 By: Farabee (Senate Sponsor - Haywood) H.B. No. 3632
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 11, 2001, reported favorably by
1-5 the following vote: Yeas 5, Nays 0; May 11, 2001, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the jurisdiction of a county court at law in Wichita
1-10 County.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 25.2452, Government Code, is amended to
1-13 read as follows:
1-14 Sec. 25.2452. WICHITA COUNTY COURT AT LAW PROVISIONS. (a)
1-15 In addition to the jurisdiction provided by Section 25.0003 and
1-16 other law, including the general jurisdiction provided for a county
1-17 court at law by the Texas Probate Code, a county court at law in
1-18 Wichita County has concurrent jurisdiction with the county court
1-19 in:
1-20 (1) appeals from municipal courts of record in Wichita
1-21 County as provided by Subchapter D, Chapter 30; [and]
1-22 (2) misdemeanor cases; and
1-23 (3) probate and mental health matters [juvenile, child
1-24 neglect, or dependency proceedings as provided by Sections
1-25 26.343(b) and (c)].
1-26 (b) All misdemeanor cases, probate and mental health
1-27 matters, and appeals from municipal courts of record shall be filed
1-28 in the county court at law. A county court at law may transfer a
1-29 case or an appeal described by this subsection to the county court
1-30 with the consent of the county judge [The County Court at Law No. 2
1-31 of Wichita County has, concurrent with the county court, the
1-32 probate and mental health jurisdiction provided by general law for
1-33 county courts].
1-34 (c) Except as provided by Section 25.0003 and Subsection
1-35 (d), a [The County Court at Law No. 1 of Wichita County has
1-36 concurrent jurisdiction with the county court in probate and mental
1-37 health proceedings when the county judge is absent or unable to
1-38 perform the duties relating to those proceedings. The county judge
1-39 or the commissioners court shall certify the county judge's absence
1-40 or inability to the judge of the county court at law. When the
1-41 certification is for the purpose of conferring power to perform a
1-42 judicial act, the certificate shall be entered on the minutes of
1-43 the appropriate court. The judge of the County Court at Law No. 1
1-44 of Wichita County is not entitled to receive any additional
1-45 compensation for performing these duties.]
1-46 [(d) A] county court at law has concurrent jurisdiction with
1-47 the district court in:
1-48 (1) family law cases and proceedings under the Family
1-49 Code; and
1-50 (2) civil cases [suits brought under the authority of
1-51 Chapter 60 or 159, Family Code; and]
1-52 [(3) other juvenile and child welfare cases in which
1-53 the district and county courts have jurisdiction].
1-54 (d) A county court at law does not have jurisdiction of:
1-55 (1) a case under:
1-56 (A) the Alcoholic Beverage Code;
1-57 (B) the Election Code; or
1-58 (C) the Tax Code;
1-59 (2) a matter over which the district court has
1-60 exclusive jurisdiction; or
1-61 (3) a civil case, other than a case under the Family
1-62 Code or the Texas Probate Code, in which the amount in controversy
1-63 is:
1-64 (A) less than the maximum amount in controversy
2-1 allowed the justice court in Wichita County; or
2-2 (B) more than $100,000, exclusive of punitive or
2-3 exemplary damages, penalties, interest, costs, and attorney's fees.
2-4 (e) On the motion of any party, a county court at law may
2-5 transfer a civil case originally filed in a county court at law
2-6 that exceeds the maximum amount in controversy described by
2-7 Subsection (d)(3)(B) to the district court in Wichita County,
2-8 except that an announcement of ready for trial by all parties
2-9 before a motion to transfer the case to the district court is filed
2-10 confers original jurisdiction on the county court at law. A case
2-11 that is transferred to the district court shall be completed under
2-12 the same cause number and in the same manner as if the case were
2-13 originally filed in the district court.
2-14 (f) The judge of a county court at law may not engage in the
2-15 private practice of law.
2-16 (g) The judge of a county court at law shall be paid an
2-17 annual salary that is $1,000 less than [does not exceed the amount
2-18 that is 90 percent of] the total annual salary received by a
2-19 district judge in the county. The salary shall be paid out of the
2-20 county treasury by the commissioners court. The judge shall [may]
2-21 be paid in [equal monthly] installments in the same manner as other
2-22 county employees. The judge is also entitled to receive travel
2-23 expenses and necessary office expenses, including administrative
2-24 and clerical assistance, in the same manner as the county judge.
2-25 (h) A special judge of a county court at law may be
2-26 appointed or elected in the manner provided by law for the
2-27 appointment or election of a special county judge. If a judge of a
2-28 county court at law is disqualified to try a case pending in the
2-29 judge's court, the parties or their attorneys may agree on the
2-30 selection of a special judge for the case. A special judge must
2-31 have the qualifications of the regular judge. A special judge is
2-32 entitled to the same rate of compensation as the regular judge.
2-33 (i) The district clerk of Wichita County serves as the clerk
2-34 of the county courts at law in Wichita County in all civil cases
2-35 except probate and mental health matters. The [enumerated in
2-36 Subsection (d), and the] county clerk serves as clerk in cases
2-37 involving criminal, probate, or mental health matters [all other
2-38 cases].
2-39 (j) The commissioners court may employ as many deputy
2-40 sheriffs and bailiffs as are necessary to serve the court.
2-41 (k) Except as otherwise required by law, if [If] a case
2-42 [enumerated in Subsection (d)] is tried before a jury, the jury
2-43 shall be composed of six members and may render verdicts by a five
2-44 to one margin in civil cases and a unanimous verdict in criminal
2-45 cases. The laws governing the drawing, selection, service, and pay
2-46 of jurors for county courts apply to the county courts at law.
2-47 Jurors regularly impaneled for a week by a district court may, on
2-48 request of the county judge exercising the jurisdiction provided by
2-49 this section or a county court at law judge, be made available and
2-50 shall serve for the week in the county court or county court at
2-51 law.
2-52 SECTION 2. This Act takes effect September 1, 2001, and
2-53 applies only to a cause of action filed on or after that date.
2-54 * * * * *