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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of district courts and statutory county |
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courts and to the composition of the juvenile boards in certain |
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counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Subchapter C, Chapter 24, Government Code, |
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is amended by adding Section 24.575 to read as follows: |
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Sec. 24.575. 431ST JUDICIAL DISTRICT (DENTON COUNTY). The |
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431st Judicial District is composed of Denton County. |
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(b) The 431st Judicial District is created on the effective |
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date of this Act. |
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SECTION 2. (a) Effective October 1, 2009, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.580 to |
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read as follows: |
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Sec. 24.580. 436TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) |
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The 436th Judicial District is composed of Bexar County. |
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(b) The 436th District Court shall give preference to |
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juvenile matters. |
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(b) The 436th Judicial District is created on October 1, |
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2009. |
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SECTION 3. (a) Effective January 1, 2010, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.581 to |
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read as follows: |
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Sec. 24.581. 437TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) |
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The 437th Judicial District is composed of Bexar County. |
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(b) The 437th District Court shall give preference to |
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criminal matters. |
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(b) The 437th Judicial District is created on January 1, |
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2010. |
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SECTION 4. (a) Effective September 1, 2010, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.582 to |
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read as follows: |
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Sec. 24.582. 438TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) |
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The 438th Judicial District is composed of Bexar County. |
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(b) The 438th District Court shall give preference to civil |
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matters. |
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(b) The 438th Judicial District is created on September 1, |
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2010. |
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SECTION 5. (a) Effective November 1, 2010, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.583 to |
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read as follows: |
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Sec. 24.583. 439TH JUDICIAL DISTRICT (ROCKWALL COUNTY). |
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The 439th Judicial District is composed of Rockwall County. |
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(b) The 439th Judicial District is created on November 1, |
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2010. |
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SECTION 6. (a) Subchapter C, Chapter 24, Government Code, |
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is amended by adding Section 24.584 to read as follows: |
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Sec. 24.584. 440TH JUDICIAL DISTRICT (KAUFMAN COUNTY). The |
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440th Judicial District is composed of Kaufman County. |
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(b) The 440th Judicial District is created on the effective |
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date of this Act. |
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SECTION 7. (a) Effective October 1, 2010, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.585 to |
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read as follows: |
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Sec. 24.585. 441ST JUDICIAL DISTRICT (VAN ZANDT COUNTY). |
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The 441st Judicial District is composed of Van Zandt County. |
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(b) Notwithstanding Section 24.311, Government Code, the |
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initial vacancy in the office of judge of the 441st Judicial |
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District shall be filled by election. The office exists for |
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purposes of the primary and general elections in 2010. A vacancy |
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after the initial vacancy is filled as provided by Section 28, |
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Article V, Texas Constitution. |
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(c) The 441st Judicial District is created on October 1, |
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2010. |
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SECTION 8. (a) Section 25.0171(b), Government Code, is |
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amended to read as follows: |
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(b) Bexar County has the following county courts at law: |
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(1) County Court at Law No. 1 of Bexar County, Texas; |
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(2) County Court at Law No. 2 of Bexar County, Texas; |
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(3) County Court at Law No. 3 of Bexar County, Texas; |
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(4) County Court at Law No. 4 of Bexar County, Texas; |
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(5) County Court at Law No. 5 of Bexar County, Texas; |
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(6) County Court at Law No. 6 of Bexar County, Texas; |
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(7) County Court at Law No. 7 of Bexar County, Texas; |
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(8) County Court at Law No. 8 of Bexar County, Texas; |
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(9) County Court at Law No. 9 of Bexar County, Texas; |
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(10) County Court at Law No. 10 of Bexar County, Texas; |
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(11) County Court at Law No. 11 of Bexar County, Texas; |
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[and] |
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(12) County Court at Law No. 12 of Bexar County, Texas; |
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(13) County Court at Law No. 13 of Bexar County, Texas; |
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(14) County Court at Law No. 14 of Bexar County, Texas; |
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and |
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(15) County Court at Law No. 15 of Bexar County, Texas. |
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(b) Section 25.0172, Government Code, is amended by adding |
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Subsection (c-1) and amending Subsections (d), (l), (n), (o), (u), |
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and (v) to read as follows: |
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(c-1) The County Court at Law No. 13 of Bexar County, Texas, |
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shall give preference to cases prosecuted under: |
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(1) Section 22.01, Penal Code, in which the victim is a |
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person whose relationship to or association with the defendant is |
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described by Chapter 71, Family Code; and |
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(2) Section 25.07, Penal Code. |
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(d) The County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, |
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[and] 12, 13, 14, and 15 have six terms of court beginning on the |
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first Mondays in January, March, May, July, September, and |
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November. The County Court at Law No. 2 has six terms of court |
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beginning on the first Mondays in February, April, June, August, |
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October, and December. |
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(l) If the judge of the County Court at Law No. 4, 6, 7, 8, 9, |
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10, 11, [or] 12, 13, 14, or 15 is absent, disabled, or disqualified |
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from presiding, a special judge may be appointed or elected in the |
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manner provided by law for the appointment or election of a special |
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county judge. A special judge must take the oath of office required |
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by law for the regular judge. A special judge has the power and |
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jurisdiction of the court and of the regular judge for whom the |
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special judge is sitting and may sign orders, judgments, decrees, |
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and other process of any kind as "Judge Presiding." A special judge |
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is entitled to receive for services performed the same amount of |
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compensation as the regular judge, to be paid out of county funds. |
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The compensation paid a special judge may not be deducted from the |
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salary of the regular judge. |
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(n) The criminal district attorney shall attend the County |
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Court at Law No. 4, 6, 7, 8, 9, 10, 11, [or] 12, 13, 14, or 15 as |
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required by the judge. The criminal district attorney serves the |
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county courts at law as provided by Section 25.0010(b). |
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(o) The judge of the County Court at Law No. 4 or 6 may |
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appoint a court coordinator or administrative assistant for the |
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court. The judge of the County Court at Law No. 7, 8, 9, 10, 11, |
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[or] 12, 13, 14, or 15 may, with the approval of the commissioners |
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court, appoint a court coordinator or administrative assistant for |
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the court. A court coordinator or administrative assistant |
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performs the duties prescribed by the judge and cooperates with the |
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administrative judges and state agencies for the uniform and |
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efficient operation of the courts and the administration of |
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justice. The court coordinator or administrative assistant is |
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entitled to be paid from county funds the compensation, fees, and |
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allowances that are set by the commissioners court or as otherwise |
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provided by law. These provisions are in addition to the provisions |
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in Subchapter F, Chapter 75. |
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(u) The official court reporter of a county court at law is |
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entitled to receive an annual salary set by the judge and approved |
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by the commissioners court at an amount not less than $35,256. The |
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official court reporter's fee shall be taxed as costs in civil |
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actions in County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, |
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[and] 12, 13, 14, and 15 in the same manner as that fee is taxed in |
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district court. In County Court at Law No. 2, the clerk collects |
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the official court reporters' fee of $3 and pays it into the county |
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treasury in the same manner as district clerks are required to |
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collect and pay costs. |
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(v) Section 25.0006(a) does not apply to County Courts at |
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Law Nos. 4, 6, 7, 8, 9, 10, 11, [and] 12, 13, 14, and 15 of Bexar |
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County. Section 25.0006(b) does not apply to County Courts at Law |
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Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, [and] 12, 13, 14, and 15 of Bexar |
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County. |
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(c) The County Courts at Law Nos. 13, 14, and 15 of Bexar |
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County, Texas, are created on the effective date of this Act. |
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SECTION 9. (a) Effective October 1, 2009, Subchapter C, |
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Chapter 25, Government Code, is amended by adding Sections 25.0201 |
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and 25.0202 to read as follows: |
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Sec. 25.0201. BOSQUE COUNTY. Bosque County has one |
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statutory county court, the County Court at Law of Bosque County. |
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Sec. 25.0202. BOSQUE COUNTY COURT AT LAW PROVISIONS. (a) |
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In addition to the jurisdiction provided by Section 25.0003 and |
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other law, a county court at law in Bosque County has concurrent |
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jurisdiction with the district court in: |
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(1) family law cases and proceedings; |
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(2) civil cases in which the matter in controversy |
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exceeds $500 but does not exceed $100,000, excluding interest, |
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court costs, and attorney's fees; and |
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(3) contested probate matters under Section 5(b), |
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Texas Probate Code. |
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(b) The County Court at Law of Bosque County has primary |
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jurisdiction over juvenile matters. |
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(c) A county court at law has the same terms of court as the |
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County Court of Bosque County. |
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(d) The judge of a county court at law may not engage in the |
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private practice of law and must meet the qualifications |
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established by Section 25.0014. |
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(e) The judge of a county court at law shall be paid as |
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provided by Section 25.0005. The judge's salary shall be paid out |
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of the county treasury on order of the commissioners court. |
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Notwithstanding any other law, the judge is entitled to necessary |
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office and operational expenses, including administrative and |
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clerical personnel, on the approval of the commissioners court. |
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Administrative and clerical personnel to which a judge is entitled |
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on approval under this subsection includes a court coordinator, |
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court reporter, and bailiff. |
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(f) If a family law case or proceeding is tried before a |
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jury, the jury shall be composed of 12 members. In all other cases, |
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except as otherwise required by law, the jury shall be composed of |
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six members. |
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(g) Jurors regularly impaneled for a week by the district |
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court may, on request of the county judge or the judge of a county |
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court at law, be made available and shall serve for the week in the |
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county court or the county court at law. |
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(b) Effective October 1, 2009, Section 152.0241(a), Human |
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Resources Code, is amended to read as follows: |
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(a) Bosque County is included in the Bosque, Comanche, and |
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Hamilton counties juvenile board. The juvenile board is composed |
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of: |
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(1) the county judge in Bosque County; |
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(2) the county judge in Comanche County; |
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(3) the county judge in Hamilton County; [and] |
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(4) the 220th Judicial District judge; and |
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(5) the judge of the County Court at Law in Bosque |
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County. |
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(c) The County Court at Law of Bosque County is created on |
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October 1, 2009. |
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SECTION 10. (a) Subchapter C, Chapter 25, Government Code, |
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is amended by adding Sections 25.0761 and 25.0762 to read as |
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follows: |
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Sec. 25.0761. FANNIN COUNTY. Fannin County has one |
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statutory county court, the County Court at Law of Fannin County. |
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Sec. 25.0762. FANNIN COUNTY COURT AT LAW PROVISIONS. (a) |
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In addition to the jurisdiction provided by Section 25.0003 and |
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other law and except as provided by Subsection (b), a county court |
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at law in Fannin County has concurrent jurisdiction with the |
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district court in: |
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(1) family law cases and proceedings, including |
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proceedings under Chapter 262, Family Code; and |
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(2) proceedings under Title 3, Family Code. |
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(b) A county court at law does not have jurisdiction of |
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proceedings under: |
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(1) Section 262.201, Family Code; or |
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(2) Section 54.03 or 54.04, Family Code. |
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(c) A county court at law shall transfer a family law case or |
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proceeding instituted under Chapter 262, Family Code, from that |
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court to the district court before a hearing governed by Section |
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262.201, Family Code, is commenced. A case or proceeding |
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transferred as required by this subsection shall be completed under |
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the same cause number and in the same manner as if the case or |
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proceeding were originally filed in the district court. The |
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district court may not transfer the case or proceeding back to the |
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county court at law, except as provided by Section 262.203(a), |
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Family Code. |
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(d) A county court at law shall transfer a juvenile case or |
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proceeding instituted under Title 3, Family Code, from that court |
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to another court designated as a juvenile court under Section |
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51.04, Family Code, before a hearing governed by Section 54.03, |
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Family Code, is commenced. A case or proceeding transferred as |
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required by this subsection shall be completed under the same cause |
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number and in the same manner as if the case or proceeding were |
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originally filed in the juvenile court. The juvenile court may not |
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transfer the case or proceeding back to the county court at law. |
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(b) The County Court at Law of Fannin County is created on |
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the effective date of this Act. |
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SECTION 11. (a) Subchapter C, Chapter 25, Government Code, |
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is amended by adding Sections 25.1771 and 25.1772 to read as |
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follows: |
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Sec. 25.1771. NAVARRO COUNTY. Navarro County has one |
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statutory county court, the County Court at Law of Navarro County. |
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Sec. 25.1772. NAVARRO COUNTY COURT AT LAW PROVISIONS. (a) |
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In addition to the jurisdiction provided by Section 25.0003 and |
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other law, and except as limited by Subsection (b), a county court |
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at law in Navarro County has concurrent jurisdiction with the |
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district court in: |
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(1) felony cases to: |
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(A) conduct arraignments; |
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(B) conduct pretrial hearings; |
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(C) accept guilty pleas; and |
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(D) conduct jury trials on assignment of a |
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district judge presiding in Navarro County and acceptance of the |
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assignment by the judge of the county court at law; |
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(2) Class A and Class B misdemeanor cases; |
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(3) family law matters; |
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(4) juvenile matters; |
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(5) probate matters; and |
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(6) appeals from the justice and municipal 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) suits on behalf of this state to recover penalties |
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or escheated property; |
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(2) felony cases involving capital murder; |
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(3) misdemeanors involving official misconduct; or |
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(4) contested elections. |
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(c) The judge of a county court at law must have the same |
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qualifications as those required by law for a district judge. |
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(d) The judge of a county court at law shall be paid a total |
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annual salary set by the commissioners court at an amount that is |
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not less than $1,000 less than the total annual salary received by a |
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district judge in the county. A district judge's or statutory |
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county court judge's total annual salary does not include |
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contributions and supplements paid by a county. |
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(e) The judge of a county court at law may not engage in the |
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private practice of law. |
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(f) The district clerk serves as clerk of a county court at |
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law in matters of concurrent jurisdiction with the district court, |
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and the county clerk shall serve as clerk of a county court at law in |
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all other matters. Each clerk shall establish a separate docket for |
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a county court at law. |
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(g) The official court reporter of a county court at law is |
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entitled to receive a salary set by the judge of the county court at |
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law with the approval of the commissioners court. |
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(h) Jurors summoned for a county court at law or a district |
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court in the county may by order of the judge of the court to which |
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they are summoned be transferred to another court for service and |
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may be used as if summoned for the court to which they are |
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transferred. |
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(b) Notwithstanding Section 25.1771, Government Code, as |
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added by this section, the County Court at Law of Navarro County is |
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created on January 1, 2011, or on an earlier date determined by the |
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Commissioners Court of Navarro County by an order entered in its |
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minutes. |
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SECTION 12. (a) Effective September 1, 2010, Subchapter C, |
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Chapter 25, Government Code, is amended by adding Sections 25.2361 |
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and 25.2362 to read as follows: |
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Sec. 25.2361. VAN ZANDT COUNTY. Van Zandt County has one |
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statutory county court, the County Court at Law of Van Zandt County. |
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Sec. 25.2362. VAN ZANDT COUNTY COURT AT LAW PROVISIONS. (a) |
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In addition to the jurisdiction provided by Section 25.0003, a |
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county court at law in Van Zandt County has, concurrent with the |
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district court, the jurisdiction provided by the constitution and |
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general law for district courts, except that the county court at law |
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does not have jurisdiction in capital felony cases. |
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(b) The county clerk serves as clerk of a county court at law |
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for cases and proceedings originally filed in the county court at |
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law, and the district clerk serves as clerk of a county court at law |
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for cases and proceedings originally filed in the district courts |
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in the county. |
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(b) Effective September 1, 2010, Section 152.2401(a), Human |
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Resources Code, is amended to read as follows: |
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(a) The Van Zandt County Juvenile Board is composed of the |
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county judge, the criminal district attorney of Van Zandt County, |
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the judge of the County Court at Law of Van Zandt County, and the |
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judge of the 294th Judicial District. |
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(c) Chapter 969 (H.B. 4139), Acts of the 80th Legislature, |
|
Regular Session, 2007, which added Section 25.2361, Government |
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Code, to be effective January 1, 2011, is repealed. |
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(d) Notwithstanding Section 25.0009, Government Code, the |
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initial vacancy in the office of judge of the County Court at Law of |
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Van Zandt County shall be filled by election. The office exists for |
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purposes of the primary and general elections in 2010. A vacancy |
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after the initial vacancy is filled as provided by Section 25.0009, |
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Government Code. |
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(e) The County Court at Law of Van Zandt County is created on |
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September 1, 2010. |
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SECTION 13. This Act takes effect September 1, 2009. |