SRC-JLB S.B. 1552 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1552
78R4300 YDB-DBy: Duncan
Jurisprudence
4/5/2003
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 1552 creates an additional county court at law in Collin
County, Comal County, and Rockwall County. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority, to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  (a) Amends Section 25.0451, Government Code, as follows:

 (a)  Provides that Collin County has certain statutory county courts,
including the County  Court at Law No. 6 of Collin County. 

(b)  Provides that the County Court at Law No. 6 of Collin County is
created and this section takes effect January 1, 2005. 

SECTION 2.  (a)  Amends Section 25.0481, Government Code, as follows:
 
Sec. 25.0481.  COMAL COUNTY.  Provides that Comal County has certain
statutory county courts, including the County Court at Law No. 1 of Comal
County and the County Court at Law No. 2 of Comal County. 
 
(b)  Provides that the County Court at Law No. 2 of Comal County is
created and this section takes effect September 1, 2003. 
 
SECTION 3.  (a)  Amends Chapter 25C, Government Code, by adding Sections
25.2011 and 25.2012, as follows: 
 
Sec. 25.2011.  ROCKWALL COUNTY.  Provides that Rockwall County has one
statutory county court, the County Court at Law of Rockwall County. 
 
Sec. 25.2012.  ROCKWALL COUNTY COURT AT LAW PROVISIONS.  (a)  Provides
that in addition to the jurisdiction provided by Section 25.0003 and other
law, and except as limited by Subsection (b), a county court at law in
Rockwall County has, concurrent with the district court, the jurisdiction
provided by the constitution and general law for district courts. 
 
(b)  Provides that a county court at law does not have general supervisory
control or appellate review of the commissioners court or jurisdiction of
certain matters. 

(c)  Provides that the district clerk serves as clerk of a county court at
law except that the county clerk serves as clerk of the county court at
law in matters of mental health, the probate and criminal misdemeanor
docket, and all civil matters in which the county court at law does not
have concurrent jurisdiction with the district court. 
  
(d)  Authorizes jurors regularly impaneled for the week by the district
courts to, at the request of the judge of a county court at law, be made
available by the district judge in the numbers requested and to serve for
the week or until released in the county court at law. 

(e)  Authorizes a county court at law to summon jurors through the county
clerk for service in the county court at law in the manner provided by the
laws governing the drawing, selection, and service of jurors for county
courts. Requires jurors summoned to be paid in the same manner and at the
same rate as jurors for district courts in Rockwall County.  Authorizes
jurors summoned to the county court at law, by order of the judge of a
county court at law, to be transferred to the district court for service
in noncapital felony cases. 
 
(f)  Provides that notwithstanding Sections 74.091 and 74.0911, a district
judge serves as the local administrative judge for the district and
statutory county courts in Rockwall County.  Requires the judges of
district courts to elect a district judge as local administrative judge
for a term of not more than two years.  Prohibits the local administrative
judge from being elected on the basis of rotation or seniority. 
 
(g)  Requires the district clerk, when administering a case for the county
court at law, to charge civil fees and court costs as if the case had been
filed in the district court.  Requires the case, in a case of concurrent
jurisdiction, to be assigned to either the district court or the county
court at law in accordance with local administrative rules established by
the local administrative judge. 
 
(h)  Requires the judge of the county court at law to appoint an official
court reporter for the court and to set the official court reporter's
annual salary, subject to approval by the county commissioners court.
Requires the official court reporter of the county court at law to take an
oath or affirmation as an officer of the court.  Provides that the
official court reporter holds office at the pleasure of the judge of the
court and shall be provided a private office in close proximity to the
court.  Provides that the official court reporter is entitled to all
rights and benefits afforded all other county employees. 
 
(i)  Requires the judge of the county court at law to hire a staff with
the approval of the county commissioners court and through the county
budget process. Provides that the staff of the judge of the county court
at law consists of a court coordinator and a bailiff.  Provides that court
personnel employed under this subsection are entitled to receive a salary
set by the commissioners court and other employment benefits received by
county employees. 
 
(j)  Requires the bailiff of a county court at law, not later than one
year after the date of appointment, to obtain a peace officer license
under Chapter 1701, Occupations Code, from the Commission on Law
Enforcement Officer Standards and Education.  Requires the sheriff of
Rockwall County to deputize the bailiff of a county court at law.
Provides that the bailiff of a county court at law is subject to the
training and continuing education requirements of a sheriff's deputy of
the county.  Requires the sheriff to remove from office a bailiff who does
not receive a peace officer license within one year of appointment as
required by this subsection. 
 
(k)  Requires the judge of a county court at law to be a United States
citizen at the time of appointment or election. 
 
(l)  Requires the judge of a county court at law to diligently discharge
the duties of the office on a full-time basis and prohibits engaging in
the private practice of law. 
 
 (m)  Authorizes the judge of a county court at law and the district
judge, in matters of concurrent jurisdiction, to exchange benches,
transfer cases subject to acceptance, assign each other to hear cases, and
otherwise manage their respective dockets under local administrative
rules. 
 
(n)  Provides that the judge of a county court at law has the same
judicial immunity as a district judge. 
 
(b)  Provides that the County Court at Law of Rockwall County is created
and this section takes effect September 1, 2003. 
 
SECTION 4.  Effective date:  September 1, 2003, except as otherwise
provided by this Act.