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 * * * * *