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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualifications of statutory county court judges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.0014, Government Code, is amended to |
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read as follows: |
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Sec. 25.0014. QUALIFICATIONS OF JUDGE. (a) The judge of a |
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statutory county court must: |
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(1) be at least 35 [25] years of age; |
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(2) have resided in the county for at least two years |
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before election or appointment; [and] |
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(3) be a licensed attorney who has been practicing in |
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this state for at least the immediately preceding three years; |
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(4) have [who has] practiced law or served as a judge |
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of a court in this state, or both combined, for at least 10 [the
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four] years; |
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(5) have completed at least 60 hours of continuing |
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legal education in the immediately preceding three years; |
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(6) have at least five persons willing to attest to the |
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person's competence in the practice of trail law; and |
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(7) have either: |
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(A) devoted at least 35 percent of the person's |
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practice to civil trial work and has: |
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(i) tried a minimum of 20 contested civil |
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cases in courts in this state involving a sum of actual damages in |
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controversy that exceeds $25,000, including seven jury cases; or |
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(ii) devoted a minimum of 100 separate days |
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to the trial of contested civil cases in this state involving a sum |
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of actual damages in controversy that exceeds $25,000, including at |
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least 50 days devoted to the trial of jury cases; or |
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(B) devoted at least 25 percent of the person's |
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practice to criminal trial work and has tried a minimum of 15 |
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criminal cases in courts in this state, including five jury cases. |
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(b) Notwithstanding Subsection (a), a person serving as a |
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statutory county court judge on January 1, 2011, is not required to |
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comply with Subsection (a)(3), (4), (5), (6), or (7) to continue to |
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serve as a statutory county court judge in the office to which the |
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person was appointed or elected before that date. |
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(c) Notwithstanding Section 25.0001(a), to the extent of a |
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conflict between this section and a law applicable to a specific |
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statutory county court, this section prevails [preceding election
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or appointment, unless otherwise provided for by law]. |
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SECTION 2. The following provisions of the Government Code |
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are repealed: |
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(1) Section 25.0212(c); |
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(2) Section 25.0222(e); |
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(3) Section 25.0453(a); |
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(4) Section 25.0512(a); |
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(5) Section 25.0632(a); |
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(6) Section 25.1032(e); |
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(7) Section 25.1033(e); |
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(8) Section 25.1132(g); |
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(9) Section 25.1142(c); |
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(10) Section 25.1312(k); |
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(11) Section 25.1412(b); and |
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(12) Section 25.2012(k). |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, the change in law made by this Act applies only to the |
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judge of a statutory county court elected or appointed on or after |
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the effective date of this Act. A judge of a statutory county court |
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elected or appointed before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. |
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(b) Sections 25.0014(a)(3), (4), (5), (6), and (7), |
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Government Code, as amended by this Act, do not apply to a judge of a |
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statutory county court serving on the effective date of this Act who |
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is subsequently reelected or appointed as a judge of a statutory |
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county court. |
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SECTION 4. This Act takes effect January 1, 2011. |