1-1 AN ACT
1-2 relating to the creation of a county court at law in Hood County.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter C, Chapter 25, Government Code, is
1-5 amended by adding Sections 25.1131 and 25.1132 to read as follows:
1-6 Sec. 25.1131. HOOD COUNTY. Hood County has one statutory
1-7 county court, the County Court at Law No. 1 of Hood County.
1-8 Sec. 25.1132. HOOD COUNTY COURT AT LAW PROVISIONS. (a) In
1-9 addition to the jurisdiction provided by Section 25.0003 and other
1-10 law, a county court at law in Hood County has the jurisdiction
1-11 provided by this section.
1-12 (b) A county court at law in Hood County has concurrent
1-13 jurisdiction with the county court in mental health cases.
1-14 (c) A county court at law in Hood County has concurrent
1-15 jurisdiction with the district court in:
1-16 (1) civil cases in which the matter in controversy
1-17 exceeds $500 but does not exceed $250,000, excluding interest;
1-18 (2) family law cases and related proceedings; and
1-19 (3) contested probate matters under Section 5(b),
1-20 Texas Probate Code.
1-21 (d) The county court and each county court at law and
1-22 district court in Hood County has jurisdiction over juvenile
1-23 matters and may be designated a juvenile court. The county court
1-24 has primary jurisdiction over juvenile matters.
1-25 (e) Except as provided by Subsection (c)(3), a county court
2-1 at law does not have probate jurisdiction.
2-2 (f) A county court at law in Hood County has the same terms
2-3 of court as the County Court of Hood County.
2-4 (g) The judge of a county court at law in Hood County must:
2-5 (1) be a citizen of the United States;
2-6 (2) be a resident of Hood County;
2-7 (3) have actively practiced law in Hood County for at
2-8 least the four years preceding the date of election or appointment;
2-9 (4) be a qualified voter; and
2-10 (5) be a licensed attorney in this state for at least
2-11 the four years preceding the date of election or appointment.
2-12 (h) The judge of a county court at law may not engage in the
2-13 private practice of law.
2-14 (i) The judge of a county court at law shall be paid an
2-15 annual salary that is not less than 90 percent of the annual salary
2-16 of a district judge in the county. The salary shall be paid from
2-17 the county treasury on order of the commissioners court. The judge
2-18 is entitled to travel expenses and necessary office expenses,
2-19 including administrative and clerical personnel, in the same manner
2-20 as the county judge.
2-21 (j) If the regular judge of a county court at law is absent,
2-22 disabled, or disqualified from presiding, a special judge may be
2-23 appointed in the manner provided by law for the appointment of a
2-24 special judge. A special judge must have the same qualifications
2-25 as the regular judge and is entitled to the same amount of daily
2-26 compensation as the regular judge. The compensation paid to a
3-1 special judge may not be deducted from the salary paid to the
3-2 regular judge.
3-3 (k) A special judge must take the oath of office required by
3-4 law for the regular judge and has the same authority as the regular
3-5 judge. A special judge may sign orders, judgments, decrees, and
3-6 other processes of the court as "Judge Presiding" when acting for
3-7 the regular judge. The appointment of a special judge to a county
3-8 court at law does not affect the jurisdiction of the court.
3-9 (l) The judge of a county court at law, with the approval of
3-10 the commissioners court, may appoint personnel necessary for the
3-11 operation of the court. The appointed personnel are entitled to
3-12 compensation, fees, and allowances set by the commissioners court,
3-13 or otherwise provided by law, and paid from county funds.
3-14 (m) The commissioners court may employ as many assistant
3-15 county attorneys and bailiffs as are necessary to serve a county
3-16 court at law.
3-17 (n) The official court reporter of a county court at law is
3-18 entitled to compensation set by the commissioners court in an
3-19 amount at least equal to the compensation paid to the court
3-20 reporter of a district court in Hood County.
3-21 (o) If a family law case or proceeding is tried before a
3-22 jury in a county court at law, the jury shall be composed of 12
3-23 members. In all other cases, the jury shall be composed of six
3-24 members.
3-25 (p) A county court at law has the jurisdiction and authority
3-26 vested by law in the county court for the drawing, selection, and
4-1 service of jurors. Jurors summoned for service in the county court
4-2 or a county court at law, by order of the judge of the court to
4-3 which the jurors were summoned, may be transferred to another court
4-4 for service in that court. If the judges of the county court and
4-5 each county court at law agree, jurors may be summoned for service
4-6 in all of the courts and used interchangeably in the courts.
4-7 SECTION 2. The County Court at Law No. 1 of Hood County is
4-8 created and this Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1810 passed the Senate on
May 3, 2001, by the following vote: Yeas 30, Nays 0, one present,
not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1810 passed the House on
May 17, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor