1-1     By:  Merritt (Senate Sponsor - Cain)                  H.B. No. 3695
 1-2           (In the Senate - Received from the House May 9, 2001;
 1-3     May 10, 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 4, 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 an additional county court at law in
1-10     Gregg County.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Section 25.0941, Government Code, is amended to
1-13     read as follows:
1-14           Sec. 25.0941.  GREGG COUNTY. (a)  Gregg County has the
1-15     statutory county courts provided by this section.
1-16           (b)  Gregg County has a [one] statutory county court, the
1-17     County Court at Law No. 1 of Gregg County.
1-18           (c)  Gregg County has an additional statutory county court,
1-19     the County Court at Law No. 2 of Gregg County.
1-20           SECTION 2. (a)  Notwithstanding Section 25.0941, Government
1-21     Code, as amended by this Act, the County Court at Law No. 2 of
1-22     Gregg County is created only on a majority vote in favor of the
1-23     creation of the court by the qualified voters of that county at an
1-24     election held for that purpose.
1-25           (b)  As soon as possible after the effective date of this
1-26     Act, the Commissioners Court of Gregg County shall order an
1-27     election on the question of approving the creation of an additional
1-28     county court at law in Gregg County as provided by this Act.
1-29           (c)  An election ordered under Subsection (b) of this section
1-30     shall be held on the next uniform election date under Section
1-31     41.001, Election Code, that is on or after the 45th day following
1-32     the date the election is ordered.
1-33           (d)  The County Court at Law No. 2 of Gregg County is created
1-34     January 1, 2003, only if a majority of the votes cast at the
1-35     election favor the creation of the court.  The commissioners court
1-36     shall send a copy of the order creating the court to the Office of
1-37     Court Administration of the Texas Judicial System.
1-38           (e)  If the creation of an additional county court at law in
1-39     Gregg County is not approved by the voters before January 1, 2002,
1-40     Section 25.0941(c), Government Code, as added by this Act, expires.
1-41           (f)  Except as otherwise provided by this section, an
1-42     election held under this section must be conducted as provided by
1-43     the Election Code.
1-44           SECTION 3. Notwithstanding Section 25.0009(c), Government
1-45     Code, the initial vacancy in the office of judge of the County
1-46     Court at Law No. 2 of Gregg County shall be filled by election.
1-47     The office exists for purposes of the primary and general elections
1-48     in 2002.  A vacancy after the initial vacancy is filled as provided
1-49     by Section 25.0009, Government Code.
1-50           SECTION 4. Except as provided by Section 3 of this Act, for
1-51     purposes of Section 201.027, Election Code, the effective date of
1-52     the Act creating the office is January 1, 2003.
1-53           SECTION 5.  This Act takes effect immediately if it receives
1-54     a vote of two-thirds of all the members elected to each house, as
1-55     provided by Section 39, Article III, Texas Constitution.  If this
1-56     Act does not receive the vote necessary for immediate effect, this
1-57     Act takes effect September 1, 2001.
1-58                                  * * * * *