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A BILL TO BE ENTITLED
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AN ACT
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relating to the statutory county courts in Wise County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.2511, Government Code, is amended to |
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read as follows: |
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Sec. 25.2511. WISE COUNTY. (a) Wise County has the |
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following [one] statutory county courts: |
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(1) [court, the] County Court at Law No. 1 of Wise |
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County; and |
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(2) County Court at Law No. 2 of Wise County. |
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(b) The County Court at Law No. 1 of Wise County sits in |
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Decatur. |
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(c) The County Court at Law No. 2 of Wise County sits in |
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Decatur or at another location in the county determined by the judge |
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of County Court at Law No. 2 of Wise County. |
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SECTION 2. Section 25.2512(a), Government Code, as amended |
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by Chapters 518 (S.B. 1491) and 746 (H.B. 66), Acts of the 72nd |
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Legislature, Regular Session, 1991, is reenacted and amended to |
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read as follows: |
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(a) In addition to the jurisdiction provided by Section |
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25.0003 and other law, and except as limited by Subsection (a-1), a |
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county court at law in Wise County has the [:
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[(1)
concurrent with the county court, the probate
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jurisdiction provided by general law for county courts; and
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[(2) concurrent] jurisdiction provided by the |
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constitution and by general law for [with the] district courts |
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[court in:
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[(A) eminent domain cases;
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[(B)
civil cases in which the amount in
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controversy exceeds $500, but does not exceed $100,000, excluding
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interest and attorney's fees; and
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[(C) family law cases and proceedings]. |
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SECTION 3. Section 25.2512, Government Code, is amended by |
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adding Subsections (a-1), (j), and (k) and amending Subsections (e) |
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and (h) to read as follows: |
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(a-1) A county court at law does not have jurisdiction of: |
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(1) civil cases in which the amount in controversy |
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exceeds $500,000, excluding interest and attorney's fees; or |
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(2) felony cases. |
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(e) In addition to the qualifications required by Section |
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25.0014, a regular judge of a county court at law must have the |
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qualifications of a district judge as required by Section 7, |
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Article V, Texas Constitution. A special judge of a county court at |
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law with the same qualifications as the regular judge may be |
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appointed in the manner provided by law for the appointment of a |
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special county judge. A special judge is entitled to the same rate |
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of compensation as the regular judge. |
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(h) The laws governing the drawing, selection, service, and |
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pay of jurors for county courts apply to a county court at law. |
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Jurors regularly impaneled for a week by the district court may, on |
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request of the judge of a county court at law, be made available and |
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shall serve for the week in a county court at law [Practice in a
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county court at law is that prescribed by law for county courts]. |
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(j) The jury in all civil or criminal matters shall be |
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composed of 12 members, except that in misdemeanor criminal cases |
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and any other cases in which the court has concurrent jurisdiction |
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with the county court the jury shall be composed of six members. |
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(k) A judge of a county court at law and a judge of a |
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district court or another county court at law with concurrent |
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jurisdiction may transfer cases between the courts in the same |
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manner judges of district courts transfer cases under Section |
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24.303. |
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SECTION 4. The changes in law made to the qualifications of |
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a judge of a statutory county court in Wise County by this Act apply |
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only to a judge elected or appointed on or after the effective date |
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of this Act. A judge elected or appointed before the effective date |
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of this Act is governed by the law as it existed immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |