80R5326 KFF-F
 
  By: Flynn H.B. No. 4082
 
 
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an additional statutory county court in
Hunt County and the administration, operation, and jurisdiction of
statutory county courts in that county.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 25.1181, Government Code, is amended to
read as follows:
       Sec. 25.1181.  HUNT COUNTY.  Hunt County has two [one]
statutory county courts:
             (1)  [court,] the County Court at Law Number One of Hunt
County; and
             (2)  the County Court at Law Number Two of Hunt County.
       SECTION 2.  Section 25.1182, Government Code, is amended to
read as follows:
       Sec. 25.1182.  HUNT COUNTY COURT AT LAW PROVISIONS.  (a)  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 Hunt County has, concurrent with the district courts, the
jurisdiction provided by the constitution and general law for
district courts.
       (b)  A county court at law does not have general supervisory
control or appellate review of the commissioners court or
jurisdiction of:
             (1)  felony cases involving capital murder;
             (2)  suits on behalf of the state to recover penalties
or escheated property;
             (3)  misdemeanors involving official misconduct; or
             (4)  contested elections [has the same terms of court
as the County Court of Hunt County].
       (c)  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 mental health, probate, and juvenile matters, for
misdemeanors, and in all civil matters that are originally filed in
the county court at law.
       (d)  Jurors regularly impaneled for the week by the district
court may, at the request of the judge of a county court at law, be
made available in the numbers requested and shall serve for that
week or until released by the judge of the county court at law [The
judge of a county court at law shall be paid an annual salary that is
at least $42,500, to be paid from the same fund and in the same
manner as the county judge. The judge is entitled to receive travel
expenses and necessary office expenses in the same manner as is
allowed the county judge].
       (e)  A county court at law may 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 at law. Jurors summoned shall be paid
in the same manner and at the same rate as jurors for district
courts in Hunt County. By order of the judge of a county court at
law, jurors summoned to the county court at law may be transferred
to the district court for service in noncapital felony cases [The
judge of a county court at law shall diligently discharge the duties
of his office on a full-time basis and may not engage in the private
practice of law].
       (f)  Notwithstanding Sections 74.091 and 74.0911, a district
judge serves as the local administrative judge for the district and
county courts at law in Hunt County. The judges of district courts
shall elect a district judge as local administrative judge for a
term of not more than two years. The local administrative judge may
not be elected on the basis of rotation or seniority [A special
judge of a county court at law with the same qualifications as the
regular judge may be appointed or elected in the manner provided by
law for county courts. If the judge of a county court at law is
disqualified to try a case pending in the judge's court, the parties
or their attorneys may agree on the selection of a special judge to
try the case. A special judge is entitled to receive $100 for each
day served to be paid out of the general fund of the county by the
commissioners court].
       (g)  When administering a case for a county court at law, the
district clerk shall charge civil fees and court costs as if the
case had been filed in the district court. In a case of concurrent
jurisdiction, the case shall be assigned to either the district
court or a county court at law in accordance with local
administrative rules established by the local administrative
judge [The county sheriff shall, in person or by deputy, attend a
county court at law as required by the judge].
       (h)  The judge of a county court at law shall appoint an
official court reporter for the court and shall set the official
court reporter's annual salary, subject to approval by the county
commissioners court. The official court reporter of the county
court at law shall take an oath or affirmation as an officer of the
court. 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. The official court reporter is
entitled to all rights and benefits afforded all other county
employees [Practice in a county court at law is that prescribed by
law for county courts].
       (i)  With the approval of the county commissioners court and
through the county budget process, a judge of a county court at law
shall hire a staff. The staff of the judge of a county court at law
consists of a court coordinator and a bailiff. 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 [Section 25.0005(b) does not apply to a county
court at law in Hunt County].
       (j)  Not later than one year after the date of appointment,
the bailiff of a county court at law must have received a peace
officer license under Chapter 1701, Occupations Code, from the
Commission on Law Enforcement Officer Standards and Education. The
sheriff of Hunt County shall deputize the bailiff. The bailiff is
subject to the training and continuing education requirements of a
sheriff's deputy of the county. The sheriff shall remove from
office a bailiff who does not receive a peace officer license before
the first anniversary of the date of appointment as required by this
subsection.
       (k)  The judge of a county court at law must be a United
States citizen at the time of appointment or election.
       (l)  The judge of a county court at law shall diligently
discharge the duties of the office on a full-time basis and may not
engage in the private practice of law.
       (m)  In matters of concurrent jurisdiction, the judge of a
county court at law and the district judge may exchange benches,
transfer cases subject to acceptance, assign each other to hear
cases, and otherwise manage their respective dockets under local
administrative rules.
       (n)  The judge of a county court at law has the same judicial
immunity as a district judge.
       SECTION 3.  On the effective date of this Act:
             (1)  the County Court at Law of Hunt County is
redesignated as the County Court at Law Number One of Hunt County,
and the judge of that court, unless otherwise removed as provided by
law, serves as the judge of the redesignated court for the remainder
of the term to which the judge was elected; and
             (2)  the County Court at Law Number Two of Hunt County
is created.
       SECTION 4.  This Act takes effect September 1, 2007.