By Haywood                                            S.B. No. 1786
         77R4965 KLA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the jurisdiction of a county court at law in Wichita
 1-3     County.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 25.2452, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 25.2452.  WICHITA COUNTY COURT AT LAW PROVISIONS.  (a)
 1-8     In addition to the jurisdiction provided by Section 25.0003 and
 1-9     other law, including the general jurisdiction provided for a county
1-10     court at law by the Texas Probate Code, a county court at law in
1-11     Wichita County has concurrent jurisdiction with the county court
1-12     in:
1-13                 (1)  appeals from municipal courts of record in Wichita
1-14     County as provided by Subchapter D, Chapter 30;  [and]
1-15                 (2)  misdemeanor cases; and
1-16                 (3)  probate and mental health matters [juvenile, child
1-17     neglect, or dependency proceedings as provided by Sections
1-18     26.343(b) and (c)].
1-19           (b)  All appeals from municipal courts of record, misdemeanor
1-20     cases, and probate and mental health matters shall be filed in the
1-21     county court at law.  A county court at law may transfer a case or
1-22     an appeal described by this subsection to the county court with the
1-23     consent of the county judge [The County Court at Law No. 2 of
1-24     Wichita County has, concurrent with the county court, the probate
 2-1     and mental health jurisdiction provided by general law for county
 2-2     courts].
 2-3           (c)  Except as provided by Section 25.0003 and Subsection
 2-4     (d), a [The County Court at Law No. 1 of Wichita County has
 2-5     concurrent jurisdiction with the county court in probate and mental
 2-6     health proceedings when the county judge is absent or unable to
 2-7     perform the duties relating to those proceedings.  The county judge
 2-8     or the commissioners court shall certify the county judge's absence
 2-9     or inability to the judge of the county court at law.  When the
2-10     certification is for the purpose of conferring power to perform a
2-11     judicial act, the certificate shall be entered on the minutes of
2-12     the appropriate court.  The judge of the County Court at Law No. 1
2-13     of Wichita County is not entitled to receive any additional
2-14     compensation for performing these duties.]
2-15           [(d)  A] county court at law has concurrent jurisdiction with
2-16     the district court in:
2-17                 (1)  family law cases and proceedings under the Family
2-18     Code; and
2-19                 (2)  civil cases [suits brought under the authority of
2-20     Chapter 60 or 159, Family Code; and]
2-21                 [(3)  other juvenile and child welfare cases in which
2-22     the district and county courts have jurisdiction].
2-23           (d)  A county court at law does not have jurisdiction of:
2-24                 (1)  a case under:
2-25                       (A)  the Alcoholic Beverage Code;
2-26                       (B)  the Election Code; or
2-27                       (C)  the Tax Code;
 3-1                 (2)  a matter over which the district court has
 3-2     exclusive jurisdiction; or
 3-3                 (3)  a civil case, other than a case under the Family
 3-4     Code or the Texas Probate Code, in which the amount in controversy
 3-5     is:
 3-6                       (A)  not more than the maximum amount in
 3-7     controversy allowed the justice court in Wichita County; or
 3-8                       (B)  more than $100,000, exclusive of punitive or
 3-9     exemplary damages, penalties, interest, costs, and attorney's fees.
3-10           (e)  On the motion of any party, a county court at law may
3-11     transfer a civil case originally filed in a county court at law
3-12     that exceeds the maximum amount in controversy described by
3-13     Subsection (d)(3)(B) to the district court in Wichita County,
3-14     except that an announcement of ready for trial by all parties
3-15     before a motion to transfer the case to the district court is filed
3-16     confers original jurisdiction on the county court at law.  A case
3-17     that is transferred to the district court shall be completed under
3-18     the same cause number and in the same manner as if the case were
3-19     originally filed in the district court.
3-20           (f)  The judge of a county court at law may not engage in the
3-21     private practice of law.
3-22           (g)  The judge of a county court at law shall be paid an
3-23     annual salary that is $1,000 less than [does not exceed the amount
3-24     that is 90 percent of] the total annual salary received by a
3-25     district judge in the county.  The salary shall be paid out of the
3-26     county treasury by the commissioners court.  The judge shall [may]
3-27     be paid in [equal monthly] installments in the same manner as other
 4-1     county employees.  The judge is also entitled to receive travel
 4-2     expenses and necessary office expenses, including administrative
 4-3     and clerical assistance, in the same manner as the county judge.
 4-4           (h)  A special judge of a county court at law may be
 4-5     appointed or elected in the manner provided by law for the
 4-6     appointment or election of a special county judge.  If a judge of a
 4-7     county court at law is disqualified to try a case pending in the
 4-8     judge's court, the parties or their attorneys may agree on the
 4-9     selection of a special judge for the case.  A special judge must
4-10     have the qualifications of the regular judge.  A special judge is
4-11     entitled to the same rate of compensation as the regular judge.
4-12           (i)  The district clerk of Wichita County serves as the clerk
4-13     of the county courts at law in Wichita County in all civil cases
4-14     except probate and mental health matters.  The [enumerated in
4-15     Subsection (d), and the] county clerk serves as clerk in cases
4-16     involving criminal, probate, or mental health matters [all other
4-17     cases].
4-18           (j)  The commissioners court may employ as many deputy
4-19     sheriffs and bailiffs as are necessary to serve the court.
4-20           (k)  Except as otherwise required by law, if [If] a case
4-21     [enumerated in Subsection (d)] is tried before a jury, the jury
4-22     shall be composed of six members and may render verdicts by a five
4-23     to one margin in civil cases and a unanimous verdict in criminal
4-24     cases.  The laws governing the drawing, selection, service, and pay
4-25     of jurors for county courts apply to the county courts at law.
4-26     Jurors regularly impaneled for a week by a district court may, on
4-27     request of the county judge exercising the jurisdiction provided by
 5-1     this section or a county court at law judge, be made available and
 5-2     shall serve for the week in the county court or county court at
 5-3     law.
 5-4           SECTION 2. This Act takes effect September 1, 2001, and
 5-5     applies only to a cause of action filed on or after that date.