1-1 By: Merritt (Senate Sponsor - Cain) H.B. No. 3649
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 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 jurisdiction of and composition of juries in the
1-10 County Court at Law of Gregg County.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 25.0942, Government Code, is amended by
1-13 amending Subsection (a) and adding Subsection (l) to read as
1-14 follows:
1-15 (a) In addition to the jurisdiction provided by Section
1-16 25.0003 and other law, a county court of law in Gregg County has,
1-17 concurrent [jurisdiction] with the district court, the jurisdiction
1-18 provided by the constitution and general law for district courts,
1-19 except that the county court at law does not have jurisdiction in
1-20 capital felony cases [in family law cases and proceedings].
1-21 (l) Except as otherwise provided by this subsection, a jury
1-22 in a county court at law shall be composed of six members, unless
1-23 the constitution requires a 12-member jury. Failure to object
1-24 before a six-member jury is seated and sworn constitutes a waiver
1-25 of a 12-member jury. In matters in which the constitution does not
1-26 require a 12-member jury and the county court at law has concurrent
1-27 jurisdiction with the district court, the jury shall be composed of
1-28 12 members if a party to the suit requests a 12-member jury. In a
1-29 civil case tried in a county court at law, the parties may, by
1-30 mutual agreement and with the consent of the judge, agree to try
1-31 the case with any number of jurors and have a verdict rendered and
1-32 returned by the vote of any number of those jurors that is less
1-33 than the total number of jurors.
1-34 SECTION 2. This Act takes effect January 1, 2003.
1-35 * * * * *