By Armbrister S.B. No. 1779
77R7046 RJA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the County Court at Law of Aransas
1-3 County and to the jurisdiction of the County Court of Aransas
1-4 County.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter C, Chapter 25, Government Code, is
1-7 amended by adding Sections 25.0061 and 25.0062 to read as follows:
1-8 Sec. 25.0061. ARANSAS COUNTY. Aransas County has one
1-9 statutory county court, the County Court at Law of Aransas County.
1-10 Sec. 25.0062. ARANSAS COUNTY COURT AT LAW PROVISIONS. (a)
1-11 In addition to the jurisdiction provided by Section 25.0003 and
1-12 other law, a county court at law of Aransas County has concurrent
1-13 jurisdiction with the district court in:
1-14 (1) family law cases and proceedings; and
1-15 (2) felony cases to conduct arraignments, conduct
1-16 pretrial hearings, and accept guilty pleas.
1-17 (b) The district clerk serves as clerk of a county court at
1-18 law in matters of concurrent jurisdiction with the district court,
1-19 and the county clerk serves as clerk of a county court at law in
1-20 all other cases. The district clerk shall establish a separate
1-21 docket for a county court at law. The commissioners court shall
1-22 provide the deputy clerks, bailiffs, and other personnel necessary
1-23 to operate a county court at law.
1-24 (c) The jury is composed of 12 members in all matters of
2-1 concurrent jurisdiction with the district court and six members in
2-2 misdemeanor criminal cases and all other cases.
2-3 SECTION 2. Subchapter E, Chapter 26, Government Code, is
2-4 amended by adding Section 26.104 to read as follows:
2-5 Sec. 26.104. ARANSAS COUNTY. The County Court of Aransas
2-6 County has no probate, juvenile, civil, or criminal jurisdiction.
2-7 SECTION 3. Notwithstanding Section 25.0061, Government Code,
2-8 as added by this Act, the County Court at Law of Aransas County is
2-9 created December 31, 2002, or on an earlier date determined by the
2-10 commissioners court by an order entered in its minutes.
2-11 SECTION 4. (a) Except as provided by Subsection (b) of this
2-12 section:
2-13 (1) this Act takes effect immediately if it receives a
2-14 vote of two-thirds of all the members elected to each house, as
2-15 provided by Section 39, Article III, Texas Constitution; and
2-16 (2) if this Act does not receive the vote necessary
2-17 for immediate effect, this Act takes effect September 1, 2001.
2-18 (b) Section 2 of this Act takes effect on the date the
2-19 County Court at Law of Aransas County is created.
2-20 SECTION 5. On the effective date of Section 2 of this Act,
2-21 the judge of the County Court of Aransas County shall transfer all
2-22 pending probate, juvenile, civil, and criminal cases in the court
2-23 to the County Court at Law of Aransas County.
2-24 SECTION 6. When a case is transferred as provided by Section
2-25 5 of this Act, all processes, writs, or other obligations issued
2-26 from the County Court of Aransas County are returnable to the
2-27 County Court at Law of Aransas County as if originally issued by
3-1 that court. The obligees on all bonds taken for the County Court
3-2 of Aransas County and all witnesses summoned to appear in the
3-3 County Court of Aransas County are required to appear before the
3-4 County Court at Law of Aransas County as if originally required to
3-5 appear before it.