By: Ogden S.B. No. 1808
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a county court at law in Navarro
1-3 County.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 25, Government Code, is
1-6 amended by adding Sections 25.1771 and 25.1772 to read as follows:
1-7 Sec. 25.1771. NAVARRO COUNTY. Navarro County has one
1-8 statutory county court, the County Court at Law of Navarro County.
1-9 Sec. 25.1772. NAVARRO COUNTY COURT AT LAW PROVISIONS.
1-10 (a) In addition to the jurisdiction provided by Section 25.0003
1-11 and other law, and except as limited by Subsection (b), a county
1-12 court at law in Navarro County has concurrent jurisdiction with the
1-13 district court, notwithstanding any law granting exclusive
1-14 jurisdiction to the district court.
1-15 (b) A county court at law does not have general supervisory
1-16 control or appellate review of the commissioners court or
1-17 jurisdiction of:
1-18 (1) felony cases involving capital murder;
1-19 (2) suits on behalf of the state to recover penalties
1-20 or escheated property;
1-21 (3) misdemeanors involving official misconduct; or
1-22 (4) contested elections.
1-23 (c) The judge of a county court at law must have the same
1-24 qualifications as those required by law for a district judge.
1-25 (d) In matters of concurrent jurisdiction, the judge of a
2-1 county court at law and the district judge may exchange benches,
2-2 transfer cases subject to acceptance, and otherwise manage their
2-3 respective dockets in accordance with directives of the local
2-4 administrative judge and local administrative rules.
2-5 (e) Notwithstanding Section 74.0911, the judge of the 13th
2-6 District Court serves as the local administrative judge for the
2-7 district and county courts at law in Navarro County. The district
2-8 judge may delegate the power to assign or transfer cases.
2-9 (f) The local administrative judge shall assign felony cases
2-10 in which the district court and statutory county court have
2-11 concurrent jurisdiction to the district court, except that the
2-12 local administrative judge may assign a case to the statutory
2-13 county court if assignment to that court is necessary for the
2-14 efficient management of the courts' dockets.
2-15 (g) The district clerk serves as clerk of a county court at
2-16 law in all matters in which the county court at law has concurrent
2-17 jurisdiction with the district court. The county clerk serves as
2-18 clerk of the county court at law in all other matters.
2-19 (h) Practice in a county court at law is that prescribed by
2-20 law for county courts.
2-21 SECTION 2. Notwithstanding Section 25.1771, Government Code,
2-22 as added by this Act, the County Court at Law of Navarro County is
2-23 created September 1, 2003, or on an earlier date determined by the
2-24 Commissioners Court of Navarro County by an order entered in its
2-25 minutes following a nonbinding referendum held in the county in
2-26 which the voters express a public opinion on the creation of the
3-1 court as provided by Section 3 of this Act.
3-2 SECTION 3. (a) Before entering an order as provided by
3-3 Section 2 of this Act to create the County Court at Law of Navarro
3-4 County on a date earlier than September 1, 2003, the Commissioners
3-5 Court of Navarro County shall order a nonbinding referendum to be
3-6 held in the county on the question of whether to create a county
3-7 court at law in the county as provided by this Act.
3-8 (b) The ballot shall be printed to permit voting for or
3-9 against the proposition: "Creating a county court at law in
3-10 Navarro County."
3-11 (c) The proposition shall be printed on the ballot under the
3-12 heading: "Referendum Proposition." Beneath the heading shall be
3-13 printed the following: "This referendum is an expression of public
3-14 opinion only and has no binding effect as law."
3-15 (d) The nonbinding referendum shall be conducted as provided
3-16 by the Election Code.
3-17 SECTION 4. This Act takes effect immediately if it receives
3-18 a vote of two-thirds of all the members elected to each house, as
3-19 provided by Section 39, Article III, Texas Constitution. If this
3-20 Act does not receive the vote necessary for immediate effect, this
3-21 Act takes effect September 1, 2001.