INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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ARTICLE 1. DISTRICT COURTS
AND DISTRICT ATTORNEYS
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No
equivalent provision.
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SECTION 1.01. (a) Section
24.275, Government Code, is amended to read as follows:
Sec. 24.275. 216TH JUDICIAL
DISTRICT ([BANDERA,] GILLESPIE, KENDALL, AND KERR COUNTIES). [(a)]
The 216th Judicial District is composed of [Bandera,] Gillespie,
Kendall, and Kerr counties.
[(b) The terms of the
216th District Court begin:
[(1) in Bandera County on
the first Mondays in February and September;
[(2) in Gillespie County
on the second Mondays in April and November;
[(3) in Kendall County on
the fourth Mondays in February and September; and
[(4) in Kerr County on
the first Mondays in January and June.]
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No
equivalent provision.
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(b) Section 24.377,
Government Code, is amended to read as follows:
Sec. 24.377. 198TH JUDICIAL
DISTRICT (BANDERA AND [EDWARDS,] KERR [, KIMBLE,
MCCULLOCH, MASON, AND MENARD] COUNTIES). (a) The 198th Judicial
District is composed of Bandera and [Edwards,] Kerr Counties[,
Kimble, McCulloch, Mason, and Menard counties].
(b) The judge of the 198th
District Court may select jury commissioners and impanel grand juries in
each county. The judge of the 198th District Court may alternate the
drawing of grand juries with the judge of any other district court in each
county within the judge's [his] district and may order grand
and petit juries to be drawn for any term of the judge's [his]
court as in the judge's [his] judgment is necessary, by an
order entered in the minutes of the court. Indictments within each county
may be returned to either court within that county.
(c) In addition to the
requirements under Article 59.06, Code of Criminal Procedure, the district
attorney for the 198th Judicial District may use proceeds from the sale of
forfeited property, after the deduction of amounts described by Article
59.06(a), Code of Criminal Procedure, for the official purposes of the
office of the district attorney only on the approval of:
(1) the commissioners court
of each county in the judicial district; or
(2) a regional review
committee composed of three members who are a county judge, a county
attorney, a county commissioner or a county sheriff, each appointed by the
member of the house of representatives of this state who represents the [largest
number of] counties in the judicial district.
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No
equivalent provision.
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(c) Subchapter C, Chapter
24, Government Code, is amended by adding Section 24.596 to read as
follows:
Sec. 24.596. 452ND
JUDICIAL DISTRICT (EDWARDS, KIMBLE, MCCULLOCH, MASON, AND MENARD
COUNTIES). (a) The 452nd Judicial District is composed of Edwards,
Kimble, McCulloch, Mason, and Menard Counties.
(b) The judge of the
452nd District Court may select jury commissioners and impanel grand juries
in each county. The judge of the 452nd District Court may order grand and
petit juries to be drawn for any term of the judge's court as in the
judge's judgment is necessary, by an order entered in the minutes of the
court.
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No
equivalent provision.
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(d) Subchapter B, Chapter
43, Government Code, is amended by adding Section 43.184 to read as
follows:
Sec. 43.184. 452ND
JUDICIAL DISTRICT. The voters of the 452nd Judicial District elect a
district attorney who represents the state in all matters before that
district court.
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No
equivalent provision.
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(e) Section 46.002,
Government Code, is amended to read as follows:
Sec. 46.002. PROSECUTORS
SUBJECT TO CHAPTER. This chapter applies to the state prosecuting
attorney, all county prosecutors, and the following state prosecutors:
(1) the district attorneys
for Kenedy and Kleberg Counties and for the 1st, 2nd, 8th, 9th, 12th, 18th,
21st, 23rd, 25th, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th,
38th, 39th, 42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd,
64th, 66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th, 97th,
100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th, 123rd, 142nd, 143rd,
145th, 156th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th, 235th,
253rd, 258th, 259th, 266th, 268th, 271st, 286th, 329th, 344th, 349th,
355th, 452nd, and 506th judicial districts;
(2) the criminal district
attorneys for the counties of Anderson, Austin, Bastrop, Bexar, Bowie,
Brazoria, Caldwell, Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith,
Denton, Eastland, Fannin, Galveston, Grayson, Gregg, Harrison, Hays,
Hidalgo, Jasper, Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro,
Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith, Tarrant,
Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, Wichita, Wood,
and Yoakum; and
(3) the county attorneys
performing the duties of district attorneys in the counties of Andrews,
Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls, Freestone,
Lamar, Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree,
Orange, Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, and
Willacy.
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No
equivalent provision.
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(f) The local administrative
district judge shall transfer to the 198th District Court all cases from
Bandera County that are pending in the 216th District Court on the
effective date of this Act.
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No
equivalent provision.
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(g) When a case is
transferred as provided by Subsection (f) of this section:
(1) all processes, writs,
bonds, recognizances, or other obligations issued from the 216th District
Court are returnable to the 198th District Court as if originally issued by
that court; and
(2) the obligees on all
bonds and recognizances taken in and for the 216th District Court and all
witnesses summoned to appear in the 216th District Court are required to
appear before the 198th District Court as if originally required to appear
before that court.
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No
equivalent provision.
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(h) The local administrative
district judge shall transfer to the 452nd District Court all cases from
Edwards, Kimble, McCulloch, Mason, and Menard Counties that are pending in
the 198th District Court on the effective date of this Act.
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No
equivalent provision.
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(i) When a case is
transferred as provided by Subsection (h) of this section:
(1) all processes, writs,
bonds, recognizances, or other obligations issued from the 198th District
Court are returnable to the 452nd District Court as if originally issued by
that court; and
(2) the obligees on all
bonds and recognizances taken in and for the 198th District Court and all
witnesses summoned to appear in the 198th District Court are required to
appear before the 452nd District Court as if originally required to appear
before that court.
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No
equivalent provision.
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(j) The 452nd Judicial
District is created on the effective date of this Act.
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SECTION 1. Subchapter C,
Chapter 24, Government Code, is amended by adding Section 24.586 to read as
follows:
Sec. 24.586. 442ND
JUDICIAL DISTRICT (DENTON COUNTY). The 442nd Judicial District is composed
of Denton County.
SECTION 2. The 442nd
Judicial District is created on the effective
date of this Act.
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SECTION 1.02. (a) Effective January 1, 2015, Subchapter C,
Chapter 24, Government Code, is amended by adding Section 24.586 to read as
follows:
Sec. 24.586. 442ND
JUDICIAL DISTRICT (DENTON COUNTY). The 442nd Judicial District is composed
of Denton County.
(b) The 442nd Judicial
District is created on January 1, 2015.
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SECTION 3. Subchapter C,
Chapter 24, Government Code, is amended by adding Section 24.591 to read as
follows:
Sec. 24.591. 447TH
JUDICIAL DISTRICT (KENEDY AND KLEBERG COUNTIES). The 447th Judicial
District is composed of Kenedy and Kleberg Counties.
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No
equivalent provision.
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SECTION 4. The 447th
Judicial District is created on the effective date of this Act.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 1.03. (a) Effective
September 1, 2014, Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.587 to read as follows:
Sec. 24.587. 443RD
JUDICIAL DISTRICT (ELLIS COUNTY). The 443rd Judicial District is composed
of Ellis County.
(b) The 443rd Judicial
District is created on September 1, 2014.
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SECTION 5. SECTION 1.
Subchapter C, Chapter 24, Government Code, is amended by adding Section
24.594 to read as follows:
Sec. 24.594. 450TH
JUDICIAL DISTRICT (TRAVIS COUNTY).
(a) The 450th Judicial
District is composed of Travis County.
(b) The 450th District
Court shall give preference to criminal matters.
SECTION 6. The 450th
Judicial District is created on the effective
date of this Act.
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SECTION 1.04. (a) Effective September 1, 2015, Subchapter C,
Chapter 24, Government Code, is amended by adding Section 24.594 to read as
follows:
Sec. 24.594. 450TH
JUDICIAL DISTRICT (TRAVIS COUNTY).
(a) The 450th Judicial
District is composed of Travis County.
(b) The 450th District
Court shall give preference to criminal matters.
(b) The 450th Judicial District
is created on September 1, 2015.
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SECTION 7. Section 25.0701
and Section 25.0702 are amended to read as follows: Sec. 25.0701. ECTOR
COUNTY. (a) Ector County has only the following statutory county
courts:
(1) County Court at Law of
Ector County; and
(2) County Court at Law No.
2 of Ector County.
(b) A county court at law
sits in Odessa.
Sec. 25.0702. ECTOR COUNTY
COURT AT LAW. (a) In addition to the jurisdiction provided by Section
25.0003 and other law, a county court at law in Ector County only
has concurrent jurisdiction with the district court in family law cases and
proceedings.
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No
equivalent provision.
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SECTION 8. Section 25.0041
and 25.0042 is amended to read as follows: Sec. 25.0041. ANDERSON COUNTY.
(a) Anderson County has only one statutory county court, the County
Court at Law of Anderson County.
(b) The County Court at Law
of Anderson County sits in Palestine.
Sec. 25.0042. ANDERSON
COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction
provided by Section 25.0003 and other law, a county court at law in
Anderson County has only:
(1) concurrent jurisdiction
with the district court in:
(A) probate matters and
proceedings, including will contests;
(B) family law cases and
proceedings;
(C) criminal cases; and
(D) actions and proceedings
under Subtitle B, Title 9, Property Code; and
(2) concurrent jurisdiction
with the county and district courts over all suits arising under the Family
Code.
(a-1) A county court at law
also has concurrent jurisdiction with the district court in felony cases to
conduct arraignments, conduct pretrial hearings, and accept guilty pleas.
(b) Repealed by Acts 2011,
82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(1), eff. January 1, 2012.
(c) Repealed by Acts 1991,
72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.
(d) Repealed by Acts 2011,
82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(1), eff. January 1, 2012.
(e) The salary of the judge
of a county court at law shall be paid out of the county treasury by the
commissioners court. The judge is entitled to travel expenses and necessary
office expenses, including administrative and clerical assistance, in the
same manner as the county judge.
(f) Repealed by Acts 2011,
82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(1), eff. January 1, 2012.
(g) The district clerk
serves as clerk of a county court at law in all cases arising under the
Family Code and Section 23.001 and shall establish a separate docket for a
county court at law; the county clerk serves as clerk of the court in all
other cases.
(h) The judge of a county
court at law may appoint an official court reporter or the judge may
contract for the services of a court reporter under guidelines established
by the commissioners court.
(i) If a case under the
Family Code or Section 23.001 is tried before a jury, the jury shall be
composed of 12 members.
(j) Repealed by Acts 2011,
82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(1), eff. January 1, 2012.
(k) Appeals in all civil
cases from judgments and orders of a county court at law are to the court
of appeals as provided for appeals from district and county courts. Appeals
in all criminal cases are to the court of appeals as provided for appeals
from county courts. All cases appealed from the justice courts and other
inferior courts in Anderson County must be made directly to a county court
at law, unless otherwise provided by law.
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No
equivalent provision.
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ARTICLE 2. STATUTORY COUNTY
COURTS AND COURT COSTS AND FEES
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SECTION 9. Subchapter C,
Chapter 25, Government Code, is amended by adding Sections 25.0091 and
25.0092 to read as follows:
Sec. 25.0091. ATASCOSA
COUNTY.
Sec. 25.0092. ATASCOSA
COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction
provided by Section 25.0003 and other law, and except as limited by
Subsection (b), a county court at law in Atascosa County has concurrent
jurisdiction with the district court in:
(1) Class A and Class B
misdemeanor cases;
(2) family law matters;
(3) juvenile matters;
(4) probate matters; and
(5) appeals from the
justice and municipal courts.
(b) A county court at law
does not have general supervisory control or appellate review of the
commissioners court or jurisdiction of:
(1) suits on behalf of
this state to recover penalties or escheated property;
(2) misdemeanors
involving official misconduct; or
(3) contested elections.
(c) The judge of a county
court at law must have the same qualifications as those required by law
for a district judge.
(d) The judge of a county
court at law shall be paid a total annual salary set by the commissioners
court at an amount that is not less than $1,000 less than the total annual
salary received by a district judge in the county. A district judge's or
statutory county court judge's total annual salary does not include
contributions and supplements paid by a county.
(e) The district clerk
serves as clerk of a county court at law in matters of concurrent
jurisdiction with the district court, and the county clerk shall serve as
clerk of a county court at law in all other matters. Each clerk shall
establish a separate docket for a county court at law.
(f) The official court
reporter of a county court at law is entitled to receive a salary set by
the judge of the county court at law with the approval of the
commissioners court.
(g) Jurors summoned for a
county court at law or a district court in the county may by order of the
judge of the court to which they are summoned be transferred to another
court for service and may be used as if summoned for the court to which
they are transferred.
SECTION 10. Notwithstanding
Section 25.0091, Government Code, as added by this Act, the County Court at
Law of Atascosa County is created January 1, 2014, or on an earlier date
determined by the Commissioners Court of Atascosa County by an order
entered in its minutes.
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SECTION 2.01. (a)
Subchapter C, Chapter 25, Government Code, is amended by adding Sections
25.0091 and 25.0092 to read as follows:
Sec. 25.0091. ATASCOSA
COUNTY.
Sec. 25.0092. ATASCOSA
COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction
provided by Section 25.0003 and other law, and except as limited by
Subsection (b), a county court at law in Atascosa County has concurrent
jurisdiction with the district court in:
(1) Class A and Class B
misdemeanor cases;
(2) family law matters;
(3) juvenile matters;
(4) probate matters; and
(5) appeals from the
justice and municipal courts.
(b) A county court at law
does not have general supervisory control or appellate review of the
commissioners court or jurisdiction of:
(1) suits on behalf of
this state to recover penalties or escheated property;
(2) misdemeanors
involving official misconduct; or
(3) contested elections.
(c) The judge of a county
court at law must have the same qualifications as those required by law for
a district judge.
(d) The judge of a county
court at law shall be paid a total annual salary set by the commissioners
court at an amount that is not less than $1,000 less than the total annual
salary received by a district judge in the county. A district judge's or
statutory county court judge's total annual salary does not include
contributions and supplements paid by a county.
(e) The district clerk
serves as clerk of a county court at law in matters of concurrent
jurisdiction with the district court, except
that the county clerk serves as clerk of the court in Class A and Class B
misdemeanor cases and probate matters. The county clerk shall serve
as clerk of a county court at law in all other matters. Each clerk shall
establish a separate docket for a county court at law.
(f) The official court
reporter of a county court at law is entitled to receive a salary set by
the judge of the county court at law with the approval of the commissioners
court.
(g) Jurors summoned for a
county court at law or a district court in the county may by order of the
judge of the court to which they are summoned be transferred to another
court for service and may be used as if summoned for the court to which
they are transferred.
(b) Notwithstanding Section
25.0091, Government Code, as added by this Act, the County Court at Law of
Atascosa County is created January 1, 2014, or on an earlier date
determined by the Commissioners Court of Atascosa County by an order
entered in its minutes.
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No
equivalent provision.
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SECTION 2.02. (a) Effective
January 1, 2015, Section 25.0331, Government Code, is amended by adding
Subsection (c) to read as follows:
(c) Cameron County has
one statutory probate court, the Probate Court No. 1 of Cameron County.
(b) Notwithstanding Section
25.0009, Government Code, the initial vacancy in the office of judge of the
Probate Court No. 1 of Cameron County shall be filled by election. The
office exists for purposes of the primary and general elections in 2014. A
vacancy after the initial vacancy is filled as provided by Section 25.0009,
Government Code.
(c) The Probate Court No. 1
of Cameron County is created on January 1, 2015.
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No
equivalent provision.
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SECTION 2.03. (a) Effective
January 1, 2015, Subchapter C, Chapter 25, Government Code, is amended by
adding Sections 25.1271 and 25.1272 to read as follows:
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No
equivalent provision.
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Sec. 25.1271. JIM WELLS
COUNTY. Jim Wells County has one statutory county court, the County Court
at Law of Jim Wells County.
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No
equivalent provision.
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Sec. 25.1272. JIM WELLS
COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction
provided by Section 25.0003 and other law, a county court at law in Jim
Wells County has the jurisdiction provided by this section.
(b) A county court at law
in Jim Wells County has concurrent jurisdiction with the district court in:
(1) civil cases in which
the matter in controversy exceeds $500 but does not exceed $200,000,
excluding interest;
(2) family law cases and
proceedings;
(3) Class A and Class B
misdemeanors;
(4) juvenile cases; and
(5) appeals from justice
and municipal courts.
(c) A county court at law
does not have jurisdiction of:
(1) suits on behalf of
this state to recover penalties or escheated property;
(2) felony cases;
(3) misdemeanors involving
official misconduct; or
(4) contested elections.
(d) The judge of a county
court at law must have the same qualifications as those required by law for
a district judge.
(e) The judge of a county
court at law shall be paid a total annual salary set by the commissioners
court at an amount that is not less than $1,000 less than the total annual
salary received by a district judge in the county. A district judge's or
statutory county court judge's total annual salary does not include
contributions and supplements paid by a county.
(f) The district clerk
serves as clerk of a county court at law in matters of concurrent
jurisdiction with the district court, except that the county clerk serves
as clerk of the court in Class A and Class B misdemeanor cases. The county
clerk shall serve as clerk of a county court at law in all other matters.
Each clerk shall establish a separate docket for a county court at law.
(g) Jurors summoned for a
county court at law or a district court in the county may by order of the
judge of the court to which they are summoned be transferred to another
court for service and may be used as if summoned for the court to which
they are transferred.
(h) If a jury trial is
requested in a case that is in a county court at law's jurisdiction, the
jury shall be composed of six members unless the constitution requires a
12-member jury. Failure to object before a six-member jury is seated and
sworn constitutes a waiver of a 12-member jury.
(i) A judge of a county
court at law may provide that any criminal proceeding in the county court
at law be recorded by a good quality electronic recording device instead of
by a court reporter, unless the defendant requests that a court reporter be
present on written motion filed with the court not later than 10 days
before trial. If a recording device is used, the court reporter is not
required to be present at the proceeding to certify the statement of facts.
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No
equivalent provision.
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(b) Notwithstanding Section
25.0009, Government Code, the initial vacancy in the office of judge of the
County Court at Law of Jim Wells County shall be filled by election. The
office exists for purposes of the primary and general elections in 2014. A
vacancy after the initial vacancy is filled as provided by Section 25.0009,
Government Code.
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No
equivalent provision.
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(c) The County Court at Law
of Jim Wells County is created on January 1, 2015.+
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No
equivalent provision.
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SECTION 2.04. (a) Section
25.1412, Government Code, is amended by amending Subsections (a) and (f)
and adding Subsections (l), (m), (n), (o), and (p) to read as follows:
(a) In addition to the
jurisdiction provided by Section 25.0003 and other law, a county court at
law in Lamar County has:
(1) concurrent jurisdiction
with the district court in:
(A) probate matters and
proceedings, including will contests;
(B) family law cases and
proceedings, including juvenile cases; [and]
(C) felony cases to conduct
arraignments and pretrial hearings and to accept guilty pleas; and
(D) civil cases in which
the amount in controversy does not exceed $200,000, excluding interest; and
(2) concurrent jurisdiction
with the county and district courts over all suits arising under the Family
Code.
(f) The district clerk
serves as clerk of a county court at law in matters of concurrent
jurisdiction with the district court, other than probate matters and
proceedings. The [and the] county clerk serves as clerk of the
court in all other matters. Each clerk shall establish a separate docket
for a county court at law.
(l) The fees assessed in
a case in which a county court at law has concurrent civil jurisdiction
with the district court are the same as the fees that would be assessed in
the district court for that case.
(m) In matters of
concurrent jurisdiction, a judge of the county court at law and a judge of
a district court may transfer cases between the courts in the same manner
judges of district courts transfer cases under Section 24.003.
(n) The judge of a county
court at law and a judge of a district court may exchange benches and may
sit and act for each other in any matter pending before either court.
(o) The laws governing
the drawing, selection, service, and pay of jurors for county courts apply
to a county court at law. Jurors regularly impaneled for a week by the
district court may, on request of the judge of a county court at law, be
made available and shall serve for the week in a county court at law.
(p) Except as otherwise
provided by this subsection, a jury in a county court at law shall be composed
of six members unless the constitution requires a 12-member jury. Failure
to object before a six-member jury is seated and sworn constitutes a waiver
of a 12-member jury. In matters in which the constitution does not require
a 12-member jury and the county court at law has concurrent jurisdiction
with the district court, the jury may be composed of 12 members if a party
to the suit requests a 12-member jury and the judge of the court consents.
In a civil case tried in a county court at law, the parties may, by mutual
agreement and with the consent of the judge, agree to try the case with any
number of jurors and have a verdict rendered and returned by the vote of
any number of those jurors that is less than the total number of jurors.
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No
equivalent provision.
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(b) Section 25.1412,
Government Code, as amended by this Act, applies only to an action filed in
the county court at law in Lamar County on or after the effective date of
this Act. An action filed in the county court at law in Lamar County before
the effective date of this Act is governed by the law in effect on the date
the action was filed, and the former law is continued in effect for that
purpose.
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No
equivalent provision.
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SECTION 2.05. (a) Effective
September 1, 2015, Section 25.2291(a), Government Code, is amended to read
as follows:
(a) Travis County has the
following statutory county courts:
(1) County Court at Law No.
1 of Travis County, Texas;
(2) County Court at Law No.
2 of Travis County, Texas;
(3) County Court at Law No.
3 of Travis County, Texas;
(4) County Court at Law
Number 4 of Travis County;
(5) County Court at Law
Number 5 of Travis County;
(6) The County Court at Law
Number 6 of Travis County;
(7) The County Court at Law
Number 7 of Travis County; [and]
(8) The County Court at Law
Number 8 of Travis County; and
(9) The County Court at
Law Number 9 of Travis County.
(b) Effective September 1,
2015, Section 25.2292, Government Code, is amended by adding Subsection (b)
to read as follows:
(b) The County Court at Law
Number 9 of Travis County shall give preference to criminal cases.
(c) The County Court at Law
Number 9 of Travis County is created September 1, 2015.
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No
equivalent provision.
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SECTION 2.06. (a) Chapter
25, Government Code, is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. MULTICOUNTY
STATUTORY COUNTY COURTS IN PARTICULAR COUNTIES
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No
equivalent provision.
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Sec. 25.2701. 1ST
MULTICOUNTY COURT AT LAW (FISHER, MITCHELL, AND NOLAN COUNTIES). Fisher,
Mitchell, and Nolan Counties have a multicounty statutory county court
composed of those counties, the 1st Multicounty Court at Law.
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No
equivalent provision.
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Sec. 25.2702. 1ST
MULTICOUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction
provided by Section 25.0003 and other law, the 1st Multicounty Court at Law
has concurrent jurisdiction with the district court in family law cases and
proceedings.
(b) The county court at
law has concurrent jurisdiction with the justice court in criminal matters
prescribed by law for justice courts. This section does not affect the
right of appeal to a county court at law from a justice court where the
right of appeal to the county court exists by law.
(c) The judge may not
engage in the private practice of law.
(d) An official court reporter
of the county court at law is entitled to receive a salary set by the
commissioners courts in the counties the reporter serves to be paid out of
the county treasuries, either by salary or by contract as set by the
commissioners courts. The clerk of the court shall tax as costs, in each
civil, criminal, and probate case in which a record of any part of the
evidence in the case is made by the reporter, a stenographer's fee of $25.
The fee shall be paid in the same manner as other costs in the case. The
clerk collects the fee and pays it into the general funds of the counties.
(e) The district clerk
serves as clerk of the county court at law in matters of concurrent
jurisdiction with the district court, and the county clerk serves as clerk
of the county court at law in all other cases.
(f) Sections 25.0006,
25.0008, and 74.054(b) do not apply to the county court at law.
(g) From amounts
deposited in the judicial fund under Section 51.702, the state shall
annually compensate Fisher, Mitchell, and Nolan Counties each in the amount
required under Section 25.0015.
(h) Notwithstanding
Section 74.121(b)(1), in matters of concurrent jurisdiction, the judge of
the 1st Multicounty Court at Law and the judges of the district courts in
Fisher, Mitchell, and Nolan Counties may exchange benches and courtrooms
and may transfer cases between their dockets in the same manner that judges
of district courts exchange benches and transfer cases under Section
24.003.
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No
equivalent provision.
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(b) Subchapter E, Chapter 101,
Government Code, is amended by adding Section 101.08117 to read as follows:
Sec. 101.08117.
ADDITIONAL STATUTORY COUNTY COURT FEES: GOVERNMENT CODE. The clerk of the
1st Multicounty Court at Law shall collect a stenographer's fee of $25
under Section 25.2702, Government Code, in each civil or probate case in
which a record of any part of the evidence is made by the official court
reporter of the court.
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No
equivalent provision.
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(c) Subchapter D, Chapter
102, Government Code, is amended by adding Section 102.0619 to read as
follows:
Sec. 102.0619. ADDITIONAL
COURT COSTS ON CONVICTION IN CERTAIN STATUTORY COUNTY COURTS: GOVERNMENT
CODE. The clerk of the 1st Multicounty Court at Law shall collect a
stenographer's fee of $25 under Section 25.2702, Government Code, in each
criminal case in which a record of any part of the evidence is made by the
official court reporter of the court.
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No
equivalent provision.
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(d) The 1st Multicounty
Court at Law is created September 1, 2013.
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No
equivalent provision.
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(e) Sections 25.1791 and
25.1792, Government Code, are repealed and the County Court at Law of Nolan
County is abolished September 1, 2013.
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No
equivalent provision.
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(f) On the date the County
Court at Law of Nolan County is abolished, all cases pending in the court
are transferred to the 1st Multicounty Court at Law. When a case is
transferred from one court to another as provided by this section, all
processes, writs, bonds, recognizances, or other obligations issued from
the transferring court are returnable to the court to which the case is
transferred as if originally issued by that court. The obligees in all
bonds and recognizances taken in and for a court from which a case is
transferred and all witnesses summoned to appear in a court from which a
case is transferred are required to appear before the court to which a case
is transferred as if originally required to appear before the court to
which the transfer is made.
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ARTICLE 3. MAGISTRATES
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No
equivalent provision.
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SECTION 3.01. Chapter 54,
Government Code, is amended by adding Subchapter KK to read as follows:
SUBCHAPTER KK.
MAGISTRATES IN GUADALUPE COUNTY
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No
equivalent provision.
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Sec. 54.2001.
AUTHORIZATION; APPOINTMENT; ELIMINATION. (a) The Commissioners Court of
Guadalupe County may authorize the judges of the district and statutory
county courts in Guadalupe County to appoint one or more part-time or
full-time magistrates to perform the duties authorized by this subchapter.
(b) The judges of the
district and statutory county courts in Guadalupe County by a unanimous
vote may appoint magistrates as authorized by the Commissioners Court of
Guadalupe County.
(c) An order appointing a
magistrate must be signed by the local presiding judge of the district
courts serving Guadalupe County, and the order must state:
(1) the magistrate's
name; and
(2) the date the
magistrate's employment is to begin.
(d) An authorized
magistrate's position may be eliminated on a majority vote of the
Commissioners Court of Guadalupe County.
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No
equivalent provision.
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Sec. 54.2002.
QUALIFICATIONS; OATH OF OFFICE. (a) To be eligible for appointment as a
magistrate, a person must:
(1) be a citizen of the
United States;
(2) have resided in
Guadalupe County for at least the two years preceding the person's appointment;
and
(3) be at least 30 years
of age.
(b) A magistrate
appointed under Section 54.2001 must take the constitutional oath of office
required of appointed officers of this state.
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No
equivalent provision.
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Sec. 54.2003.
COMPENSATION. (a) A magistrate is entitled to the salary determined by
the Commissioners Court of Guadalupe County.
(b) A full-time
magistrate's salary may not be less than that of a justice of the peace of
Guadalupe County as established by the annual budget of Guadalupe County.
(c) A part-time
magistrate's salary is equal to the per-hour salary of a justice of the
peace. The per-hour salary is determined by dividing the annual salary by
a 2,000 work-hour year. The local administrative judge of the district
courts serving Guadalupe County shall approve the number of hours for which
a part-time magistrate is to be paid.
(d) The magistrate's
salary is paid from the county fund available for payment of officers'
salaries.
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No
equivalent provision.
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Sec. 54.2004. JUDICIAL IMMUNITY.
A magistrate has the same judicial immunity as a district judge.
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No
equivalent provision.
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Sec. 54.2005. TERMINATION
OF EMPLOYMENT. (a) A magistrate may be terminated by a majority vote of
all the judges of the district and statutory county courts of Guadalupe
County.
(b) To terminate a
magistrate's employment, the local administrative judge of the district
courts serving Guadalupe County must sign a written order of termination.
The order must state:
(1) the magistrate's
name; and
(2) the final date of the
magistrate's employment.
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No
equivalent provision.
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Sec. 54.2006.
JURISDICTION; RESPONSIBILITY; POWERS. (a) The judges of the district or
statutory county courts shall establish standing orders to be followed by a
magistrate or parties appearing before a magistrate, as applicable.
(b) To the extent
authorized by this subchapter and the standing orders, a magistrate has
jurisdiction to exercise the authority granted by the judges of the
district or statutory county courts.
(c) A magistrate has all
of the powers of a magistrate under the laws of this state and may
administer an oath for any purpose.
(d) A magistrate shall
give preference to performing the duties of a magistrate under Article
15.17, Code of Criminal Procedure.
(e) A magistrate is
authorized to:
(1) set, adjust, and
revoke bonds before the filing of an information or the return of an
indictment;
(2) conduct examining
trials;
(3) determine whether a
defendant is indigent and appoint counsel for an indigent defendant;
(4) issue search and
arrest warrants;
(5) issue emergency
protective orders;
(6) order emergency
mental commitments; and
(7) conduct initial
juvenile detention hearings if approved by the Guadalupe County Juvenile
Board.
(f) With the express
authorization of a justice of the peace, a magistrate may exercise
concurrent criminal jurisdiction with the justice of the peace to dispose
as provided by law of cases filed in the precinct of the authorizing
justice of the peace, except for a trial on the merits following a plea of
not guilty.
(g) A magistrate may:
(1) issue notices of the
setting of a case for a hearing;
(2) conduct hearings;
(3) compel production of
evidence;
(4) hear evidence;
(5) issue summons for the
appearance of witnesses;
(6) swear witnesses for
hearings;
(7) regulate proceedings
in a hearing; and
(8) perform any act and
take any measure necessary and proper for the efficient performance of the
duties required by the magistrate's jurisdiction and authority.
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No
equivalent provision.
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Sec. 54.2007. PERSONNEL,
EQUIPMENT, AND OFFICE SPACE. The Commissioners Court of Guadalupe County
shall provide:
(1) personnel for the
legal or clerical functions necessary to perform the magistrate's duties
authorized by this chapter; and
(2) sufficient equipment
and office space for the magistrate and personnel to perform the
magistrate's essential functions.
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ARTICLE 4. EFFECTIVE DATE
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SECTION 11. This Act takes
effect September 1, 2013.
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SECTION 4.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2013.
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