79(R) HB 1622 - Senate Committee Report version

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By:  Pitts (Senate Sponsor - Averitt)                             H.B. No. 1622
	(In the Senate - Received from the House April 11, 2005; 
April 12, 2005, read first time and referred to Committee on 
Jurisprudence; May 16, 2005, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 5, Nays 0; 
May 16, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 1622                                   By:  Wentworth


A BILL TO BE ENTITLED

AN ACT


relating to the creation of a county court at law in Hill County.           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 25, Government Code, is 
amended by adding Sections 25.1111 and 25.1112 to read as follows:
	Sec. 25.1111.  HILL COUNTY.  Hill County has one statutory 
county court, the County Court at Law of Hill County.
	Sec. 25.1112.  HILL COUNTY COURT AT LAW PROVISIONS.  (a)  In 
addition to the jurisdiction provided by Section 25.0003 and other 
law, a county court at law in Hill County has concurrent 
jurisdiction with the district court in felony cases and family law 
cases and proceedings.  A county court at law does not have 
jurisdiction of felony cases involving capital murder.
	(b)  A county court at law in Hill County has the same terms 
of court as the 66th District Court.
	(c)  The judge of a county court at law may not engage in the 
private practice of law and must meet the qualifications 
established by Section 25.0014.
	(d)  The judge of a county court at law shall be paid as 
provided by Section 25.0005.  The judge's salary shall be paid out 
of the county treasury on order of the commissioners court.  The 
judge is entitled to necessary office and operational expenses, 
including administrative and clerical personnel, in the same manner 
as the county judge.
	(e)  The district clerk serves as the clerk of a county court 
at law for all criminal and civil matters except that the county 
clerk serves as the clerk of the county court at law in uncontested 
probate and guardianship matters.  The county clerk shall transfer 
to the district clerk any contested probate and guardianship 
matters filed with the county clerk.
	(f)  The commissioners court may employ the assistant 
district attorneys, assistant county attorneys, assistant clerks, 
deputy sheriffs, and bailiffs necessary to serve the county court 
at law.
	(g)  Notwithstanding Section 74.0911, the judge of the 66th 
District Court shall act as presiding judge between the district 
and county court at law and may assign to the county court at law 
original or appellate cases that are within the jurisdiction of the 
county court at law.  The assignment shall be made by docket 
notation.
	(h)  In matters of concurrent jurisdiction, the judge of a 
county court at law and the judge of the 66th District Court may 
exchange benches, transfer cases, assign each other to hear cases 
in accordance with orders signed and approved by the judges 
involved, and otherwise manage their respective dockets under local 
administrative rules.
	(i)  The official court reporter of a county court at law is 
entitled to the compensation set by the commissioners court on 
order of the judge of the court in an amount not to exceed 90 percent 
of the compensation paid to the court reporter of a district court 
in Hill County.
	(j)  If a family law case or proceeding is tried before a 
jury, the jury shall be composed of 12 members.  In all other cases, 
except as otherwise required by law, the jury shall be composed of 
six members.
	(k)  Jurors regularly impaneled for a week by the district 
court may, on request of the county judge or the judge of a county 
court at law, be made available and shall serve for the week in the 
county court or the county court at law.
	SECTION 2.  Section 24.168(b), Government Code, is amended 
to read as follows:
	(b)  In addition to other jurisdiction provided by law, the 
66th District Court has concurrent jurisdiction with the County 
Court of Hill County and the statutory county courts in Hill County
in all civil and criminal matters over which the county court and 
the statutory county courts would have original or appellate 
jurisdiction.  The district court has control over the assignment 
of cases as prescribed by Sections 25.1112 and [Section] 26.209.
	SECTION 3.  Section 26.209(c), Government Code, is amended 
to read as follows:
	(c)  The judge of the 66th District Court shall act as 
presiding judge between the district and county courts and may 
assign to the county court original or appellate cases that are 
within the county court's jurisdiction and assign to a county court 
at law cases that are within the jurisdiction of the county court at 
law.  The assignment shall be made by docket notation.
	SECTION 4.  Section 152.1151(a), Human Resources Code, is 
amended to read as follows:
	(a)  The juvenile board of Hill County is composed of the 
county judge, the statutory county court judges, and the district 
judges in Hill County.
	SECTION 5.  The County Court at Law of Hill County is created 
September 1, 2005.
	SECTION 6.  This Act takes effect September 1, 2005.                           



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