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. 2-28 * * * * *