1-1 By: Gray (Senate Sponsor - Jackson) H.B. No. 3678
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 9, 2001, rereferred to Committee
1-5 on Jurisprudence; May 10, 2001, reported favorably by the following
1-6 vote: Yeas 4, Nays 0; May 10, 2001, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the creation of an additional statutory county court in
1-10 Galveston County and to the administration, operation, and
1-11 jurisdiction of the statutory courts in that county.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 25.0861(a), Government Code, is amended to
1-14 read as follows:
1-15 (a) Galveston County has the following statutory county
1-16 courts:
1-17 (1) County Court No. 1 of Galveston County; [and]
1-18 (2) County Court No. 2 of Galveston County; and
1-19 (3) County Court No. 3 of Galveston County.
1-20 SECTION 2. Section 25.0862, Government Code, is amended to
1-21 read as follows:
1-22 Sec. 25.0862. GALVESTON COUNTY STATUTORY COURT PROVISIONS.
1-23 (a) In addition to the jurisdiction provided by Section 25.0003
1-24 and other law, and except as limited by Subsection (b), a statutory
1-25 county court in Galveston County has:
1-26 (1) the jurisdiction provided by the constitution and
1-27 by general law for district courts; and
1-28 (2) appellate jurisdiction in all appeals in criminal
1-29 cases from justice courts and municipal courts in Galveston County.
1-30 (b) A statutory county court does not have jurisdiction of:
1-31 (1) felony cases, except as otherwise provided by law;
1-32 or
1-33 (2) election contests [has concurrent jurisdiction
1-34 with the district court in family law cases and proceedings].
1-35 (c) [(b-1)] The Probate Court of Galveston County has,
1-36 concurrent with the statutory county courts, the jurisdiction
1-37 provided by this section and other law for the statutory county
1-38 courts.
1-39 (d) [(c)] The Probate Court of Galveston County has
1-40 concurrent jurisdiction with the district court in cases in which a
1-41 party to a cause filed in the district court is a personal
1-42 representative as that term is defined by Section 3(aa), Texas
1-43 Probate Code.
1-44 (e) [(d)] The Probate Court of Galveston County is primarily
1-45 responsible for and shall give preference to probate cases. The
1-46 Probate Court may enforce an order of the Family District Court for
1-47 the 306th Judicial District relating to a family law matter.
1-48 [(e) The Probate Court of Galveston County has two terms
1-49 beginning on the first Mondays of January and July of each year.
1-50 Each term of court continues until the next term begins. The
1-51 County Courts Nos. 1 and 2 of Galveston County have six terms of
1-52 court beginning on the first Mondays of January, March, May, July,
1-53 September, and November of each year.]
1-54 (f) The elected judge of the Probate Court of Galveston
1-55 County must:
1-56 (1) be a citizen of this state and of the United
1-57 States;
1-58 (2) be well informed in the laws of this state;
1-59 (3) be a licensed attorney of this state who has
1-60 practiced law or been a judge of a court in the state for at least
1-61 five years immediately preceding election; and
1-62 (4) have resided in and practiced law in Galveston
1-63 County for at least two years immediately preceding election.
1-64 (g) [(h)] The judge of a statutory county court shall be
2-1 paid an annual salary that is not [at least equal to the amount
2-2 that is $1,000] less than the total annual salary, including
2-3 supplements and contributions, paid a district judge in the county.
2-4 The salary shall be paid out of the general fund of the county by
2-5 warrants drawn on the county treasury on order of the commissioners
2-6 court.
2-7 (h) [(i)] A bond is not required of the judge of the County
2-8 Court No. 1, [or] 2, or 3 of Galveston County.
2-9 (i) [(j) A special judge of a statutory county court or
2-10 statutory probate court may be appointed or elected in the manner
2-11 provided by law for the election or appointment of special county
2-12 judges. A special judge of the County Court No. 1 or 2 of
2-13 Galveston County is entitled to receive for services performed the
2-14 same rate of compensation as the regular judge.]
2-15 [(l)] The clerk of the statutory county courts and statutory
2-16 probate court shall keep a separate docket for each court. The
2-17 clerk shall tax the official court reporter's fees as costs in
2-18 civil actions in the same manner as the fee is taxed in civil cases
2-19 in the district courts. The district clerk serves as clerk of the
2-20 county courts in a cause of action arising under the Family Code
2-21 and an appeal of a final ruling or decision of the Texas Workers'
2-22 Compensation Commission, and the county clerk serves as clerk of
2-23 the court in all other cases.
2-24 (j) [(m)] The sheriff shall [may] appoint a deputy to attend
2-25 County Court No. 1, 2, or 3 of Galveston County or the Probate
2-26 Court of Galveston County [when required by the judge. The sheriff
2-27 shall appoint a deputy to attend County Court No. 1 or 2 of
2-28 Galveston County] when required by the judge.
2-29 (k) [(n)] The official court reporter of each statutory
2-30 county court and each statutory probate court is entitled to the
2-31 same compensation, paid in the same manner, as the official court
2-32 reporters of the district courts in Galveston County. Each
2-33 reporter is primarily responsible for cases in the reporter's
2-34 court.
2-35 (l) Each reporter may be made available when not engaged in
2-36 proceedings in their court to report proceedings in all other
2-37 courts [a jury trial to report jury trials in the following manner:]
2-38 [(1) the reporter of the Probate Court of Galveston
2-39 County may report jury trials in the county and, at the request of
2-40 the district attorney, examining trials in the justice courts; and]
2-41 [(2) the reporters of the County Courts Nos. 1 and 2
2-42 of Galveston County may report cases in the Probate Court of
2-43 Galveston County].
2-44 [(o)] Practice, appeals, and writs of error in a statutory
2-45 county court are as prescribed by law for county courts and county
2-46 courts at law. Appeals and writs of error may be taken from
2-47 judgments and orders of the County Courts Nos. 1, [and] 2, and 3 of
2-48 Galveston County and the judges, in civil and criminal cases, in
2-49 the manner prescribed by law for appeals and writs of error.
2-50 Appeals from interlocutory orders of the County Courts Nos. 1,
2-51 [and] 2, and 3 appointing a receiver or overruling a motion to
2-52 vacate or appoint a receiver may be taken and are governed by the
2-53 laws relating to appeals from similar orders of district courts.
2-54 (m) [(p)] Section 25.0006(b) does not apply to County Court
2-55 No. 1, [or] 2, or 3 of Galveston County.
2-56 (n) If a jury trial is requested in a case that is in a
2-57 county court at law's jurisdiction as provided by Subsection (a),
2-58 the jury shall be composed of six members unless the constitution
2-59 requires a 12-member jury. Failure to object before a six-member
2-60 jury is seated and sworn constitutes a waiver of a 12-member jury.
2-61 SECTION 3. Notwithstanding Section 25.0861, Government Code,
2-62 as amended by this Act, County Court No. 3 of Galveston County is
2-63 created October 1, 2001.
2-64 SECTION 4. This Act takes effect September 1, 2001.
2-65 * * * * *