1-1 AN ACT
1-2 relating to the creation of an additional statutory county court in
1-3 Galveston County and to the administration, operation, and
1-4 jurisdiction of the statutory courts in that county.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 25.0861(a), Government Code, is amended to
1-7 read as follows:
1-8 (a) Galveston County has the following statutory county
1-9 courts:
1-10 (1) County Court No. 1 of Galveston County; [and]
1-11 (2) County Court No. 2 of Galveston County; and
1-12 (3) County Court No. 3 of Galveston County.
1-13 SECTION 2. Section 25.0862, Government Code, is amended to
1-14 read as follows:
1-15 Sec. 25.0862. GALVESTON COUNTY STATUTORY COURT PROVISIONS.
1-16 (a) In addition to the jurisdiction provided by Section 25.0003
1-17 and other law, and except as limited by Subsection (b), a statutory
1-18 county court in Galveston County has:
1-19 (1) the jurisdiction provided by the constitution and
1-20 by general law for district courts; and
1-21 (2) appellate jurisdiction in all appeals in criminal
1-22 cases from justice courts and municipal courts in Galveston County.
1-23 (b) A statutory county court does not have jurisdiction of:
1-24 (1) felony cases, except as otherwise provided by law;
2-1 or
2-2 (2) election contests [has concurrent jurisdiction
2-3 with the district court in family law cases and proceedings].
2-4 (c) [(b-1)] The Probate Court of Galveston County has,
2-5 concurrent with the statutory county courts, the jurisdiction
2-6 provided by this section and other law for the statutory county
2-7 courts.
2-8 (d) [(c)] The Probate Court of Galveston County has
2-9 concurrent jurisdiction with the district court in cases in which a
2-10 party to a cause filed in the district court is a personal
2-11 representative as that term is defined by Section 3(aa), Texas
2-12 Probate Code.
2-13 (e) [(d)] The Probate Court of Galveston County is primarily
2-14 responsible for and shall give preference to probate cases. The
2-15 Probate Court may enforce an order of the Family District Court for
2-16 the 306th Judicial District relating to a family law matter.
2-17 [(e) The Probate Court of Galveston County has two terms
2-18 beginning on the first Mondays of January and July of each year.
2-19 Each term of court continues until the next term begins. The
2-20 County Courts Nos. 1 and 2 of Galveston County have six terms of
2-21 court beginning on the first Mondays of January, March, May, July,
2-22 September, and November of each year.]
2-23 (f) The elected judge of the Probate Court of Galveston
2-24 County must:
2-25 (1) be a citizen of this state and of the United
2-26 States;
2-27 (2) be well informed in the laws of this state;
3-1 (3) be a licensed attorney of this state who has
3-2 practiced law or been a judge of a court in the state for at least
3-3 five years immediately preceding election; and
3-4 (4) have resided in and practiced law in Galveston
3-5 County for at least two years immediately preceding election.
3-6 (g) [(h)] The judge of a statutory county court shall be
3-7 paid an annual salary that is not [at least equal to the amount
3-8 that is $1,000] less than the total annual salary, including
3-9 supplements and contributions, paid a district judge in the county.
3-10 The salary shall be paid out of the general fund of the county by
3-11 warrants drawn on the county treasury on order of the commissioners
3-12 court.
3-13 (h) [(i)] A bond is not required of the judge of the County
3-14 Court No. 1, [or] 2, or 3 of Galveston County.
3-15 (i) [(j) A special judge of a statutory county court or
3-16 statutory probate court may be appointed or elected in the manner
3-17 provided by law for the election or appointment of special county
3-18 judges. A special judge of the County Court No. 1 or 2 of
3-19 Galveston County is entitled to receive for services performed the
3-20 same rate of compensation as the regular judge.]
3-21 [(l)] The clerk of the statutory county courts and statutory
3-22 probate court shall keep a separate docket for each court. The
3-23 clerk shall tax the official court reporter's fees as costs in
3-24 civil actions in the same manner as the fee is taxed in civil cases
3-25 in the district courts. The district clerk serves as clerk of the
3-26 county courts in a cause of action arising under the Family Code
3-27 and an appeal of a final ruling or decision of the Texas Workers'
4-1 Compensation Commission, and the county clerk serves as clerk of
4-2 the court in all other cases.
4-3 (j) [(m)] The sheriff shall [may] appoint a deputy to attend
4-4 County Court No. 1, 2, or 3 of Galveston County or the Probate
4-5 Court of Galveston County [when required by the judge. The sheriff
4-6 shall appoint a deputy to attend County Court No. 1 or 2 of
4-7 Galveston County] when required by the judge.
4-8 (k) [(n)] The official court reporter of each statutory
4-9 county court and each statutory probate court is entitled to the
4-10 same compensation, paid in the same manner, as the official court
4-11 reporters of the district courts in Galveston County. Each
4-12 reporter is primarily responsible for cases in the reporter's
4-13 court.
4-14 (l) Each reporter may be made available when not engaged in
4-15 proceedings in their court to report proceedings in all other
4-16 courts [a jury trial to report jury trials in the following manner:]
4-17 [(1) the reporter of the Probate Court of Galveston
4-18 County may report jury trials in the county and, at the request of
4-19 the district attorney, examining trials in the justice courts; and]
4-20 [(2) the reporters of the County Courts Nos. 1 and 2
4-21 of Galveston County may report cases in the Probate Court of
4-22 Galveston County].
4-23 [(o)] Practice, appeals, and writs of error in a statutory
4-24 county court are as prescribed by law for county courts and county
4-25 courts at law. Appeals and writs of error may be taken from
4-26 judgments and orders of the County Courts Nos. 1, [and] 2, and 3 of
4-27 Galveston County and the judges, in civil and criminal cases, in
5-1 the manner prescribed by law for appeals and writs of error.
5-2 Appeals from interlocutory orders of the County Courts Nos. 1,
5-3 [and] 2, and 3 appointing a receiver or overruling a motion to
5-4 vacate or appoint a receiver may be taken and are governed by the
5-5 laws relating to appeals from similar orders of district courts.
5-6 (m) [(p)] Section 25.0006(b) does not apply to County Court
5-7 No. 1, [or] 2, or 3 of Galveston County.
5-8 (n) If a jury trial is requested in a case that is in a
5-9 county court at law's jurisdiction as provided by Subsection (a),
5-10 the jury shall be composed of six members unless the constitution
5-11 requires a 12-member jury. Failure to object before a six-member
5-12 jury is seated and sworn constitutes a waiver of a 12-member jury.
5-13 SECTION 3. Notwithstanding Section 25.0861, Government Code,
5-14 as amended by this Act, County Court No. 3 of Galveston County is
5-15 created October 1, 2001.
5-16 SECTION 4. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3678 was passed by the House on May
5, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3678 was passed by the Senate on May
18, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor