1-1 By: Ogden S.B. No. 1808 1-2 (In the Senate - Filed April 12, 2001; April 17, 2001, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; May 3, 2001, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 5, Nays 0; 1-6 May 3, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1808 By: Lindsay 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the creation of a county court at law in Navarro 1-11 County. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter C, Chapter 25, Government Code, is 1-14 amended by adding Sections 25.1771 and 25.1772 to read as follows: 1-15 Sec. 25.1771. NAVARRO COUNTY. Navarro County has one 1-16 statutory county court, the County Court at Law of Navarro County. 1-17 Sec. 25.1772. NAVARRO COUNTY COURT AT LAW PROVISIONS. 1-18 (a) In addition to the jurisdiction provided by Section 25.0003 1-19 and other law, and except as limited by Subsection (b), a county 1-20 court at law in Navarro County has concurrent jurisdiction with the 1-21 district court, notwithstanding any law granting exclusive 1-22 jurisdiction to the district court. 1-23 (b) A county court at law does not have general supervisory 1-24 control or appellate review of the commissioners court or 1-25 jurisdiction of: 1-26 (1) felony cases involving capital murder; 1-27 (2) suits on behalf of the state to recover penalties 1-28 or escheated property; 1-29 (3) misdemeanors involving official misconduct; or 1-30 (4) contested elections. 1-31 (c) The judge of a county court at law must have the same 1-32 qualifications as those required by law for a district judge. 1-33 (d) In matters of concurrent jurisdiction, the judge of a 1-34 county court at law and the district judge may exchange benches, 1-35 transfer cases subject to acceptance, and otherwise manage their 1-36 respective dockets in accordance with directives of the local 1-37 administrative judge and local administrative rules. 1-38 (e) Notwithstanding Section 74.0911, the judge of the 13th 1-39 District Court serves as the local administrative judge for the 1-40 district and county courts at law in Navarro County. The district 1-41 judge may delegate the power to assign or transfer cases. 1-42 (f) The local administrative judge shall assign felony cases 1-43 in which the district court and statutory county court have 1-44 concurrent jurisdiction to the district court, except that the 1-45 local administrative judge may assign a case to the statutory 1-46 county court if assignment to that court is necessary for the 1-47 efficient management of the courts' dockets. 1-48 (g) The district clerk serves as clerk of a county court at 1-49 law in all matters in which the county court at law has concurrent 1-50 jurisdiction with the district court. The county clerk serves as 1-51 clerk of the county court at law in all other matters. 1-52 (h) Practice in a county court at law is that prescribed by 1-53 law for county courts. 1-54 SECTION 2. Notwithstanding Section 25.1771, Government Code, 1-55 as added by this Act, the County Court at Law of Navarro County is 1-56 created September 1, 2003, or on an earlier date determined by the 1-57 Commissioners Court of Navarro County by an order entered in its 1-58 minutes following a nonbinding referendum held in the county in 1-59 which the voters express a public opinion on the creation of the 1-60 court as provided by Section 3 of this Act. 1-61 SECTION 3. (a) Before entering an order as provided by 1-62 Section 2 of this Act to create the County Court at Law of Navarro 1-63 County on a date earlier than September 1, 2003, the Commissioners 1-64 Court of Navarro County shall order a nonbinding referendum to be 2-1 held in the county on the question of whether to create a county 2-2 court at law in the county as provided by this Act. 2-3 (b) The ballot shall be printed to permit voting for or 2-4 against the proposition: "Creating a county court at law in 2-5 Navarro County." 2-6 (c) The proposition shall be printed on the ballot under the 2-7 heading: "Referendum Proposition." Beneath the heading shall be 2-8 printed the following: "This referendum is an expression of public 2-9 opinion only and has no binding effect as law." 2-10 (d) The nonbinding referendum shall be conducted as provided 2-11 by the Election Code. 2-12 SECTION 4. This Act takes effect immediately if it receives 2-13 a vote of two-thirds of all the members elected to each house, as 2-14 provided by Section 39, Article III, Texas Constitution. If this 2-15 Act does not receive the vote necessary for immediate effect, this 2-16 Act takes effect September 1, 2001. 2-17 * * * * *