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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, Mitchell, and Nolan Counties and the |
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abolishment of the County Court at Law of Nolan County; imposing a |
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stenographer's fee. |
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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 STATUTORY COUNTY COURTS IN PARTICULAR |
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COUNTIES |
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Sec. 25.2701. 1ST MULTICOUNTY COURT AT LAW (FISHER, |
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MITCHELL, AND NOLAN COUNTIES). Fisher, Mitchell, and Nolan |
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Counties have a multicounty statutory county court composed of |
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those counties, the 1st Multicounty Court at Law. |
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Sec. 25.2702. 1ST MULTICOUNTY 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, 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) Sections 25.0006, 25.0008, and 74.054(b) do not apply to |
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the county court at law. |
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(g) From amounts deposited in the judicial fund under |
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Section 51.702, the state shall annually compensate Fisher, |
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Mitchell, and Nolan Counties each in the amount required under |
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Section 25.0015. |
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(h) Notwithstanding Section 74.121(b)(1), in matters of |
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concurrent jurisdiction, the judge of the 1st Multicounty Court at |
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Law and the judges of the district courts in Fisher, Mitchell, and |
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Nolan Counties may exchange benches and courtrooms and may transfer |
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cases between their dockets in the same manner that judges of |
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district courts exchange benches and transfer cases under Section |
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24.003. |
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SECTION 2. Subchapter E, Chapter 101, Government Code, is |
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amended by adding Section 101.08117 to read as follows: |
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Sec. 101.08117. ADDITIONAL STATUTORY COUNTY COURT FEES: |
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GOVERNMENT CODE. The clerk of the 1st Multicounty Court at Law |
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shall collect a stenographer's fee of $25 under Section 25.2702, |
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Government Code, in each civil or probate case in which a record of |
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any part of the evidence is made by the official court reporter of |
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the court. |
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SECTION 3. Subchapter D, Chapter 102, Government Code, is |
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amended by adding Section 102.0619 to read as follows: |
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Sec. 102.0619. ADDITIONAL COURT COSTS ON CONVICTION IN |
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CERTAIN STATUTORY COUNTY COURTS: GOVERNMENT CODE. The clerk of the |
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1st Multicounty Court at Law shall collect a stenographer's fee of |
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$25 under Section 25.2702, Government Code, in each criminal case |
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in which a record of any part of the evidence is made by the official |
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court reporter of the court. |
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SECTION 4. (a) Notwithstanding Section 25.2701, Government |
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Code, as added by this Act, the 1st Multicounty Court at Law is |
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created September 1, 2013, or on an earlier date as determined by an |
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order issued by each of the commissioners courts of Fisher, |
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Mitchell, 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. |
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SECTION 5. 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 6. 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, 2013. |