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