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                                  * * * * *