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A BILL TO BE ENTITLED
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AN ACT
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relating to consideration of district court cases by judges of |
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certain constitutional county courts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 24, Government Code, is |
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amended by adding Section 24.023 to read as follows: |
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Sec. 24.023. DISTRICT COURT AGREEMENT WITH CERTAIN |
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CONSTITUTIONAL COUNTY COURTS. (a) A district court judge and a |
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county court judge may enter into a written agreement granting the |
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county court jurisdiction to hear: |
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(1) guilty pleas in felony cases; |
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(2) default judgments; |
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(3) uncontested civil cases in which a final judgment |
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will be entered; |
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(4) uncontested family law cases in which a final |
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judgment will be entered; and |
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(5) civil and family law cases where an agreed final |
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judgment will be entered. |
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(b) Subsection (a) applies only to a county: |
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(1) that has two or more district courts composed of |
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more than one county; |
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(2) that does not have a county court at law; and |
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(3) in which the county court retains original |
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misdemeanor jurisdiction, and the county court judge is granted |
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authority to consider those cases under the constitution or general |
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law. |
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(c) A county court judge who enters into an agreement under |
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Subsection (a) must be an attorney who is licensed to practice law |
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in this state and who meets the qualifications for holding the |
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office of district court judge. |
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(d) An agreement between a district court judge and a county |
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court judge under this section may provide that final judgments |
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must be approved by the district court judge. |
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(e) A county court judge has the same judicial immunity as |
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the district court judge when presiding over cases authorized by |
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this section. |
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(f) All pleadings, documents, records, and other papers |
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remain under the control of the district clerk. The district clerk |
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may establish a separate docket for the cases considered by the |
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county court judge. |
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(g) A county court judge who hears cases under this section |
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shall be paid an annual salary supplement from the state in the |
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amount of $30,000. |
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(h) To receive a supplement under Subsection (g), a county |
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court judge must file with the Office of Court Administration of the |
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Texas Judicial System a copy of the written agreement and an |
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affidavit stating that the county court judge is performing |
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judicial functions consistent with the agreement. The office of |
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court administration shall send the affidavit to the comptroller. |
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(i) The commissioners court in a county with a county court |
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judge who is entitled to receive a salary supplement under this |
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section may not reduce the county funds provided for the salary or |
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office of the county court judge as a result of the salary |
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supplement required by this section. |
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SECTION 2. This Act takes effect September 1, 2009. |