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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of an additional statutory county court in |
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Hunt County and the administration, operation, and jurisdiction of |
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statutory county courts in that county. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.1181, Government Code, is amended to |
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read as follows: |
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Sec. 25.1181. HUNT COUNTY. Hunt County has two [one] |
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statutory county courts: |
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(1) [court,] the County Court at Law Number One of Hunt |
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County; and |
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(2) the County Court at Law Number Two of Hunt County. |
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SECTION 2. Section 25.1182, Government Code, is amended to |
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read as follows: |
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Sec. 25.1182. HUNT COUNTY COURT AT LAW PROVISIONS. (a) In |
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addition to the jurisdiction provided by Section 25.0003 and other |
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law, and except as limited by Subsection (b), a county court at law |
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in Hunt County has, concurrent with the district courts, the |
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jurisdiction provided by the constitution and general law for |
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district courts. |
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(b) A county court at law does not have general supervisory |
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control or appellate review of the commissioners court or |
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jurisdiction of: |
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(1) felony cases involving capital murder; |
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(2) suits on behalf of the state to recover penalties |
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or escheated property; |
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(3) misdemeanors involving official misconduct; or |
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(4) contested elections [has the same terms of court
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as the County Court of Hunt County]. |
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(c) The district clerk serves as clerk of a county court at |
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law except that the county clerk serves as clerk of the county court |
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at law in mental health, probate, and juvenile matters, for |
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misdemeanors, and in all civil matters that are originally filed in |
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the county court at law. |
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(d) Jurors regularly impaneled for the week by the district |
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court may, at the request of the judge of a county court at law, be |
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made available in the numbers requested and shall serve for that |
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week or until released by the judge of the county court at law [The
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judge of a county court at law shall be paid an annual salary that is
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at least $42,500, to be paid from the same fund and in the same
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manner as the county judge. The judge is entitled to receive travel
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expenses and necessary office expenses in the same manner as is
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allowed the county judge]. |
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(e) A county court at law may summon jurors through the |
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county clerk for service in the county court at law in the manner |
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provided by the laws governing the drawing, selection, and service |
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of jurors for county courts at law. Jurors summoned shall be paid |
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in the same manner and at the same rate as jurors for district |
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courts in Hunt County. By order of the judge of a county court at |
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law, jurors summoned to the county court at law may be transferred |
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to the district court for service in noncapital felony cases [The
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judge of a county court at law shall diligently discharge the duties
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of his office on a full-time basis and may not engage in the private
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practice of law]. |
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(f) Notwithstanding Sections 74.091 and 74.0911, a district |
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judge serves as the local administrative judge for the district and |
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county courts at law in Hunt County. The judges of district courts |
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shall elect a district judge as local administrative judge for a |
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term of not more than two years. The local administrative judge may |
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not be elected on the basis of rotation or seniority [A special
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judge of a county court at law with the same qualifications as the
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regular judge may be appointed or elected in the manner provided by
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law for county courts. If the judge of a county court at law is
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disqualified to try a case pending in the judge's court, the parties
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or their attorneys may agree on the selection of a special judge to
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try the case. A special judge is entitled to receive $100 for each
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day served to be paid out of the general fund of the county by the
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commissioners court]. |
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(g) When administering a case for a county court at law, the |
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district clerk shall charge civil fees and court costs as if the |
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case had been filed in the district court. In a case of concurrent |
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jurisdiction, the case shall be assigned to either the district |
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court or a county court at law in accordance with local |
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administrative rules established by the local administrative |
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judge [The county sheriff shall, in person or by deputy, attend a
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county court at law as required by the judge]. |
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(h) The judge of a county court at law shall appoint an |
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official court reporter for the court and shall set the official |
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court reporter's annual salary, subject to approval by the county |
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commissioners court. The official court reporter of the county |
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court at law shall take an oath or affirmation as an officer of the |
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court. The official court reporter holds office at the pleasure of |
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the judge of the court and shall be provided a private office in |
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close proximity to the court. The official court reporter is |
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entitled to all rights and benefits afforded all other county |
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employees [Practice in a county court at law is that prescribed by
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law for county courts]. |
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(i) With the approval of the county commissioners court and |
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through the county budget process, a judge of a county court at law |
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shall hire a staff. The staff of the judge of a county court at law |
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consists of a court coordinator and a bailiff. Court personnel |
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employed under this subsection are entitled to receive a salary set |
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by the commissioners court and other employment benefits received |
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by county employees [Section 25.0005(b) does not apply to a county
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court at law in Hunt County]. |
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(j) Not later than one year after the date of appointment, |
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the bailiff of a county court at law must have received a peace |
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officer license under Chapter 1701, Occupations Code, from the |
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Commission on Law Enforcement Officer Standards and Education. The |
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sheriff of Hunt County shall deputize the bailiff. The bailiff is |
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subject to the training and continuing education requirements of a |
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sheriff's deputy of the county. The sheriff shall remove from |
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office a bailiff who does not receive a peace officer license before |
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the first anniversary of the date of appointment as required by this |
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subsection. |
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(k) The judge of a county court at law must be a United |
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States citizen at the time of appointment or election. |
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(l) The judge of a county court at law shall diligently |
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discharge the duties of the office on a full-time basis and may not |
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engage in the private practice of law. |
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(m) In matters of concurrent jurisdiction, the judge of a |
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county court at law and the district judge may exchange benches, |
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transfer cases subject to acceptance, assign each other to hear |
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cases, and otherwise manage their respective dockets under local |
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administrative rules. |
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(n) The judge of a county court at law has the same judicial |
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immunity as a district judge. |
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SECTION 3. On the effective date of this Act: |
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(1) the County Court at Law of Hunt County is |
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redesignated as the County Court at Law Number One of Hunt County, |
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and the judge of that court, unless otherwise removed as provided by |
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law, serves as the judge of the redesignated court for the remainder |
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of the term to which the judge was elected; and |
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(2) the County Court at Law Number Two of Hunt County |
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is created. |
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SECTION 4. This Act takes effect September 1, 2007. |
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