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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the 1st Multicounty Court at Law |
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composed of Fisher and Nolan Counties and the abolishment of the |
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County Court at Law of Nolan County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 25, Government Code, is amended by |
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adding Subchapter F to read as follows: |
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SUBCHAPTER F. MULTICOUNTY COURTS IN PARTICULAR COUNTIES |
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Sec. 25.2701. 1ST MULTICOUNTY COURT AT LAW (FISHER AND |
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NOLAN COUNTIES). Fisher and Nolan Counties have a multicounty |
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statutory county court composed of those counties, the 1st |
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Multicounty Court at Law. |
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Sec. 25.2702. 1ST MULTICOUNTY COURT AT LAW PROVISIONS. |
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(a) In addition to the jurisdiction provided by Section 25.0003 |
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and other law, the 1st Multicounty Court at Law has concurrent |
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jurisdiction with the district court in family law cases and |
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proceedings. |
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(b) The county court at law has concurrent jurisdiction with |
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the justice court in criminal matters prescribed by law for justice |
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courts. This section does not affect the right of appeal to a |
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county court at law from a justice court where the right of appeal |
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to the county court exists by law. |
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(c) The judge may not engage in the private practice of law. |
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(d) An official court reporter of the county court at law is |
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entitled to receive a salary set by the commissioners courts in the |
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counties the reporter serves to be paid out of the county |
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treasuries, either by salary or by contract as set by the |
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commissioners courts. The clerk of the court shall tax as costs, in |
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each civil, criminal, and probate case in which a record of any part |
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of the evidence in the case is made by the reporter, a |
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stenographer's fee of $25. The fee shall be paid in the same manner |
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as other costs in the case. The clerk collects the fee and pays it |
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into the general funds of the counties. |
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(e) The district clerk serves as clerk of the county court |
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at law in matters of concurrent jurisdiction with the district |
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court, and the county clerk serves as clerk of the county court at |
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law in all other cases. |
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(f) Notwithstanding Section 74.054(b), the judge of the |
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county court at law may be assigned under Chapter 74 to hear a |
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matter pending in a district court in Fisher County or Nolan County. |
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(g) In accordance with Section 25.0015 and from amounts |
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deposited in the judicial fund under Section 51.702, the state |
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shall annually compensate Fisher and Nolan Counties each in an |
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amount equal to 60 percent of the state salary of the district court |
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judge of the 32nd Judicial District for the county court at law |
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judge. |
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SECTION 2. (a) Notwithstanding Section 25.2701, |
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Government Code, as added by this Act, the 1st Multicounty Court at |
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Law is created September 1, 2011, or on an earlier date as |
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determined by an order issued by each of the commissioners courts of |
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Fisher and Nolan Counties. |
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(b) Sections 25.1791 and 25.1792, Government Code, are |
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repealed and the County Court at Law of Nolan County is abolished on |
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the date the 1st Multicounty Court at Law is created or September 1, |
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2011, whichever is earlier. |
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SECTION 3. On the date the County Court at Law of Nolan |
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County is abolished, all cases pending in the court are transferred |
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to the 1st Multicounty Court at Law. When a case is transferred |
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from one court to another as provided by this section, all |
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processes, writs, bonds, recognizances, or other obligations |
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issued from the transferring court are returnable to the court to |
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which the case is transferred as if originally issued by that court. |
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The obligees in all bonds and recognizances taken in and for a court |
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from which a case is transferred and all witnesses summoned to |
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appear in a court from which a case is transferred are required to |
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appear before the court to which a case is transferred as if |
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originally required to appear before the court to which the |
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transfer is made. |
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SECTION 4. 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, 2011. |