1-1 By: Seaman (Senate Sponsor - Armbrister) H.B. No. 3643 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 creation of the County Court at Law of Aransas 1-10 County and to the jurisdiction of the County Court of Aransas 1-11 County. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter C, Chapter 25, Government Code, is 1-14 amended by adding Sections 25.0061 and 25.0062 to read as follows: 1-15 Sec. 25.0061. ARANSAS COUNTY. Aransas County has one 1-16 statutory county court, the County Court at Law of Aransas County. 1-17 Sec. 25.0062. ARANSAS COUNTY COURT AT LAW PROVISIONS. (a) 1-18 In addition to the jurisdiction provided by Section 25.0003 and 1-19 other law, a county court at law of Aransas County has concurrent 1-20 jurisdiction with the district court in: 1-21 (1) family law cases and proceedings; and 1-22 (2) felony cases to conduct arraignments, conduct 1-23 pretrial hearings, and accept guilty pleas. 1-24 (b) The district clerk serves as clerk of a county court at 1-25 law in matters of concurrent jurisdiction with the district court, 1-26 and the county clerk serves as clerk of a county court at law in 1-27 all other cases. The district clerk shall establish a separate 1-28 docket for a county court at law. The commissioners court shall 1-29 provide the deputy clerks, bailiffs, and other personnel necessary 1-30 to operate a county court at law. 1-31 (c) The jury is composed of 12 members in all matters of 1-32 concurrent jurisdiction with the district court and six members in 1-33 misdemeanor criminal cases and all other cases. 1-34 SECTION 2. Subchapter E, Chapter 26, Government Code, is 1-35 amended by adding Section 26.104 to read as follows: 1-36 Sec. 26.104. ARANSAS COUNTY. The County Court of Aransas 1-37 County has no probate, juvenile, civil, or criminal jurisdiction. 1-38 SECTION 3. Notwithstanding Section 25.0061, Government Code, 1-39 as added by this Act, the County Court at Law of Aransas County is 1-40 created December 31, 2002, or on an earlier date determined by the 1-41 commissioners court by an order entered in its minutes. 1-42 SECTION 4. (a) Except as provided by Subsection (b) of this 1-43 section: 1-44 (1) this Act takes effect immediately if it receives a 1-45 vote of two-thirds of all the members elected to each house, as 1-46 provided by Section 39, Article III, Texas Constitution; and 1-47 (2) if this Act does not receive the vote necessary 1-48 for immediate effect, this Act takes effect September 1, 2001. 1-49 (b) Section 2 of this Act takes effect on the date the 1-50 County Court at Law of Aransas County is created. 1-51 SECTION 5. On the effective date of Section 2 of this Act, 1-52 the judge of the County Court of Aransas County shall transfer all 1-53 pending probate, juvenile, civil, and criminal cases in the court 1-54 to the County Court at Law of Aransas County. 1-55 SECTION 6. When a case is transferred as provided by Section 1-56 5 of this Act, all processes, writs, or other obligations issued 1-57 from the County Court of Aransas County are returnable to the 1-58 County Court at Law of Aransas County as if originally issued by 1-59 that court. The obligees on all bonds taken for the County Court 1-60 of Aransas County and all witnesses summoned to appear in the 1-61 County Court of Aransas County are required to appear before the 1-62 County Court at Law of Aransas County as if originally required to 1-63 appear before it. 2-1 * * * * *