1-1     By:  Sibley                                           S.B. No. 1810
 1-2           (In the Senate - Filed April 17, 2001; April 18, 2001, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; April 25, 2001, reported favorably by the following
 1-5     vote:  Yeas 6, Nays 0; April 25, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the creation of a county court at law in Hood County.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Subchapter C, Chapter 25, Government Code, is
1-11     amended by adding Sections 25.1131 and 25.1132 to read as follows:
1-12           Sec. 25.1131.  HOOD COUNTY.  Hood County has one statutory
1-13     county court, the County Court at Law No. 1 of Hood County.
1-14           Sec. 25.1132.  HOOD COUNTY COURT AT LAW PROVISIONS.  (a)  In
1-15     addition to the jurisdiction provided by Section 25.0003 and other
1-16     law, a county court at law in Hood County has the jurisdiction
1-17     provided by this section.
1-18           (b)  A county court at law in Hood County has concurrent
1-19     jurisdiction with the county court in mental health cases.
1-20           (c)  A county court at law in Hood County has concurrent
1-21     jurisdiction with the district court in:
1-22                 (1)  civil cases in which the matter in controversy
1-23     exceeds $500 but does not exceed $250,000, excluding interest;
1-24                 (2)  family law cases and related proceedings; and
1-25                 (3)  contested probate matters under Section 5(b),
1-26     Texas Probate Code.
1-27           (d)  The county court and each county court at law and
1-28     district court in Hood County has jurisdiction over juvenile
1-29     matters and may be designated a juvenile court.  The county court
1-30     has primary jurisdiction over juvenile matters.
1-31           (e)  Except as provided by Subsection (c)(3), a county court
1-32     at law does not have probate jurisdiction.
1-33           (f)  A county court at law in Hood County has the same terms
1-34     of court as the County Court of Hood County.
1-35           (g)  The judge of a county court at law in Hood County must:
1-36                 (1)  be a citizen of the United States;
1-37                 (2)  be a resident of Hood County;
1-38                 (3)  have actively practiced law in Hood County for at
1-39     least the four years preceding the date of election or appointment;
1-40                 (4)  be a qualified voter; and
1-41                 (5)  be a licensed attorney in this state for at least
1-42     the four years preceding the date of election or appointment.
1-43           (h)  The judge of a county court at law may not engage in the
1-44     private practice of law.
1-45           (i)  The judge of a county court at law shall be paid an
1-46     annual salary that is not less than 90 percent of the annual salary
1-47     of a district judge in the county.  The salary shall be paid from
1-48     the county treasury on order of the commissioners court.  The judge
1-49     is entitled to travel expenses and necessary office expenses,
1-50     including administrative and clerical personnel, in the same manner
1-51     as the county judge.
1-52           (j)  If the regular judge of a county court at law is absent,
1-53     disabled, or disqualified from presiding, a special judge may be
1-54     appointed in the manner provided by law for the appointment of a
1-55     special judge.  A special judge must have the same qualifications
1-56     as the regular judge and is entitled to the same amount of daily
1-57     compensation as the regular judge.  The compensation paid to a
1-58     special judge may not be deducted from the salary paid to the
1-59     regular judge.
1-60           (k)  A special judge must take the oath of office required by
1-61     law for the regular judge and has the same authority as the regular
1-62     judge.  A special judge may sign orders, judgments, decrees, and
1-63     other processes of the court as "Judge Presiding" when acting for
1-64     the regular judge.  The appointment of a special judge to a county
 2-1     court at law does not affect the jurisdiction of the court.
 2-2           (l)  The judge of a county court at law, with the approval of
 2-3     the commissioners court, may appoint personnel necessary for the
 2-4     operation of the court.  The appointed personnel are entitled to
 2-5     compensation, fees, and allowances set by the commissioners court,
 2-6     or otherwise provided by law, and paid from county funds.
 2-7           (m)  The commissioners court may employ as many assistant
 2-8     county attorneys and bailiffs as are necessary to serve a county
 2-9     court at law.
2-10           (n)  The official court reporter of a county court at law is
2-11     entitled to compensation set by the commissioners court in an
2-12     amount at least equal to the compensation paid to the court
2-13     reporter of a district court in Hood County.
2-14           (o)  If a family law case or proceeding is tried before a
2-15     jury in a county court at law, the jury shall be composed of 12
2-16     members.  In all other cases, the jury shall be composed of six
2-17     members.
2-18           (p)  A county court at law has the jurisdiction and authority
2-19     vested by law in the county court for the drawing, selection, and
2-20     service of jurors.  Jurors summoned for service in the county court
2-21     or a county court at law, by order of the judge of the court to
2-22     which the jurors were summoned, may be transferred to another court
2-23     for service in that court.  If the judges of the county court and
2-24     each county court at law agree, jurors may be summoned for service
2-25     in all of the courts and used interchangeably in the courts.
2-26           SECTION 2.  The County Court at Law No. 1 of Hood County is
2-27     created and this Act takes effect September 1, 2001.
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