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A BILL TO BE ENTITLED
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AN ACT
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relating to jurisdiction of the county courts at law in Hunt County |
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and the composition and operation of the Hunt County Juvenile |
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Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a), (b), and (d), Section 152.1221, |
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Human Resources Code, are amended to read as follows: |
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(a) The Hunt County Juvenile Board is composed of the county |
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judge, the district judges in Hunt County, and the judges [judge] of |
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the county courts [court] at law. |
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(b) The board shall designate a juvenile court judge to |
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serve as [is] the chairman of the board and its chief administrative |
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officer. |
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(d) Each judge on the board may [shall] appoint one citizen |
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to serve on the advisory council. Members of the advisory council |
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serve without compensation. |
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SECTION 2. Section 25.1182, Government Code, is amended to |
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read as follows: |
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Sec. 25.1182. HUNT COUNTY COURT AT LAW PROVISIONS. (a) In |
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addition to the jurisdiction provided by Section 25.0003 and other |
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law, and except as limited by Subsection (b), a county court at law |
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in Hunt County has, concurrent with the district courts, the |
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jurisdiction provided by the constitution and general law for |
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district courts. |
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(b) A county court at law's civil jurisdiction concurrent |
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with the district court in civil cases is limited to cases in which |
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the matter in controversy does not exceed $250,000. A county |
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court at law does not have general supervisory control or appellate |
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review of the commissioners court or jurisdiction of: |
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(1) felony cases involving capital murder; |
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(2) suits on behalf of the state to recover penalties |
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or escheated property; |
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(3) misdemeanors involving official misconduct; or |
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(4) contested elections [has the same terms of court
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as the County Court of Hunt County]. |
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(c) The county clerk serves as clerk of a county court at law |
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in matters of mental health, probate, and juvenile, for the |
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criminal misdemeanor docket, and all civil matters originally filed |
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in the county courts at law. The district clerk serves as clerk for |
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all other cases. |
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(d) Jurors regularly impaneled for the week by the district |
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courts may, at the request of a county court at law judge, be made |
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available by a district judge in the numbers requested and shall |
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serve for the week or until released by the county court at law [The
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judge of a county court at law shall be paid an annual salary that is
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at least $42,500, to be paid from the same fund and in the same
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manner as the county judge. The judge is entitled to receive travel
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expenses and necessary office expenses in the same manner as is
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allowed the county judge]. |
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(e) A county court at law may summon jurors through the |
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county clerk for service in the county court at law in the manner |
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provided by the laws governing the drawing, selection, and service |
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of jurors for county courts. Jurors summoned shall be paid in the |
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same manner and at the same rate as jurors for district courts in |
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Hunt County. By order of the judge of a county court at law, jurors |
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summoned to a county court at law may be transferred to the district |
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court for service in noncapital felony cases [The judge of a
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county court at law shall diligently discharge the duties of his
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office on a full-time basis and may not engage in the private
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practice of law]. |
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(f) Notwithstanding Sections 74.091 and 74.0911, a district |
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judge serves as the local administrative judge for the district and |
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county courts at law in Hunt County. The judges of the district |
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courts shall elect a district judge as local administrative judge |
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for a term of not more than two years [A special judge of a county
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court at law with the same qualifications as the regular judge may
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be appointed or elected in the manner provided by law for county
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courts. If the judge of a county court at law is disqualified to try
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a case pending in the judge's court, the parties or their attorneys
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may agree on the selection of a special judge to try the case. A
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special judge is entitled to receive $100 for each day served to be
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paid out of the general fund of the county by the commissioners
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court]. |
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(g) When administering a case for a county court at law, the |
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district clerk shall charge civil fees and court costs as if the |
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case had been filed in the district court. In a case of concurrent |
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jurisdiction, the case shall be assigned to either the district |
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court or county court at law in accordance with local |
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administrative rules established by the local administrative |
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judge [The county sheriff shall, in person or by deputy, attend a
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county court at law as required by the judge]. |
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(h) The judge of a county court at law shall appoint an |
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official court reporter for the court and shall set the official |
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court reporter's annual salary, subject to approval by the county |
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commissioners court. The official court reporter of the county |
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court at law shall take an oath or affirmation as an officer of the |
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court. The official court reporter holds office at the pleasure of |
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the judge of the court and shall be provided a private office in |
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close proximity to the court. The official court reporter is |
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entitled to all rights and benefits afforded all other county |
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employees [Practice in a county court at law is that prescribed by
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law for county courts]. |
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(i) With the approval of the county commissioners court and |
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through the county budget process, the judge of a county court at |
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law shall hire a staff. The staff of the judge of a county court at |
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law consists of a court coordinator and a bailiff. Court personnel |
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employed under this subsection are entitled to receive a salary set |
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by the commissioners court and other employment benefits received |
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by county employees [Section 25.0005(b) does not apply to a county
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court at law in Hunt County]. |
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(j) Not later than one year after the date of appointment, |
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the bailiff of a county court at law must have received a peace |
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officer license under Chapter 1701, Occupations Code, from the |
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Commission on Law Enforcement Officer Standards and Education. The |
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sheriff of Hunt County shall deputize the bailiff of a county court |
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at law. The bailiff of a county court at law is subject to the |
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training and continuing education requirements of a sheriff's |
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deputy of the county. The sheriff shall remove from office a |
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bailiff who does not receive a peace officer license within one year |
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of appointment as required by this subsection. |
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(k) The judge of a county court at law must be a United |
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States citizen at the time of appointment or election. |
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(l) The judge of a county court at law shall diligently |
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discharge the duties of the office on a full-time basis and may not |
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engage in the private practice of law. |
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(m) In matters of concurrent jurisdiction, the judge of a |
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county court at law and the district judge may exchange benches, |
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transfer cases subject to acceptance, request that the local |
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administrative judge assign each other to hear cases, and otherwise |
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manage their respective dockets under local administrative rules. |
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(n) The judge of a county court at law has the same judicial |
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immunity as a district judge. |
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SECTION 3. This Act takes effect September 1, 2009. |