By: Homer H.B. No. 4518
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to district court cases that may be considered by judges of
  constitutional county courts located within the 76th judicial
  district and 276th judicial district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 2, Subtitle A, Chapter 24, Subchapter A,
  Section 24.178, Government Code, is amended by adding a new
  subsection (f) to read as follows:
         (f)(1)  The judges of the 76th judicial district court and a
  constitutional county court located within the 76th judicial
  district may enter into a written agreement for the constitutional
  county court judge to consider guilty pleas in felony cases,
  default judgments, civil and family law cases which are uncontested
  and in which a final judgment will be entered, and civil and family
  law cases in which an agreed final judgment will be entered all of
  which are within the jurisdiction of the 76th judicial district
  court provided that:
                     (A)  the county has no county court at law, the
  constitutional county court retains original misdemeanor
  jurisdiction, and specific statutory authority is granted to the
  constitutional county court judge to consider such cases; and,
                     (B)  the presiding judge of the constitutional
  county court is a lawyer who is licensed to practice law in this
  state and who meets the qualifications for holding the office of
  district judge in this state.
         (2)  The written agreement may provide that final judgments
  be approved by the judge of the 76th judicial district court.
         (3)  When presiding over the cases authorized by this
  section, the constitutional county court judge shall have the same
  judicial immunity as the district judge.
         (4)  All pleadings, documents, records, and other papers in
  the cases shall remain under the control of the district clerk, and
  the district clerk may establish a separate docket for the cases
  that will be considered by the constitutional county court judge.
         SECTION 2.  Title 2, Subtitle A, Chapter 24, Subchapter A,
  Section 24.453, Government Code, is amended by adding a new
  subsection (f) to read as follows:
         (f)(1)  The judges of the 276th judicial district court and a
  constitutional county court located within the 276th judicial
  district may enter into a written agreement for the constitutional
  county court judge to consider guilty pleas in felony cases,
  default judgments, civil and family law cases which are uncontested
  and in which a final judgment will be entered, and civil and family
  law cases in which an agreed final judgment will be entered all of
  which are within the jurisdiction of the 276th judicial district
  court provided that:
                     (A)  the county has no county court at law, the
  constitutional county court retains original misdemeanor
  jurisdiction, and specific statutory authority is granted to the
  constitutional county court judge to consider such cases; and,
                     (B)  the presiding judge of the constitutional
  county court is a lawyer who is licensed to practice law in this
  state and who meets the qualifications for holding the office of
  district judge in this state.
         (2)  The written agreement may provide that final judgments
  be approved by the judge of the 276th judicial district court.
         (3)  When presiding over the cases authorized by this
  section, the constitutional county court judge shall have the same
  judicial immunity as the district judge.
         (4)  All pleadings, documents, records, and other papers in
  the cases shall remain under the control of the district clerk, and
  the district clerk may establish a separate docket for the cases
  that will be considered by the constitutional county court judge.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.