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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation and administration of, and practice in |
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courts in, the judicial branch of state government; imposing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. DISTRICT COURTS AND DISTRICT ATTORNEYS |
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SECTION 1.01. (a) Section 24.275, Government Code, is |
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amended to read as follows: |
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Sec. 24.275. 216TH JUDICIAL DISTRICT ([BANDERA,] |
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GILLESPIE, KENDALL, AND KERR COUNTIES). [(a)] The 216th Judicial |
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District is composed of [Bandera,] Gillespie, Kendall, and Kerr |
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counties. |
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[(b) The terms of the 216th District Court begin:
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[(1)
in Bandera County on the first Mondays in
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February and September;
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[(2)
in Gillespie County on the second Mondays in
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April and November;
|
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[(3)
in Kendall County on the fourth Mondays in
|
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February and September; and
|
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[(4)
in Kerr County on the first Mondays in January and
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June.] |
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(b) Section 24.377, Government Code, is amended to read as |
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follows: |
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Sec. 24.377. 198TH JUDICIAL DISTRICT (BANDERA AND |
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[EDWARDS,] KERR [, KIMBLE, MCCULLOCH, MASON, AND MENARD] COUNTIES). |
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(a) The 198th Judicial District is composed of Bandera and |
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[Edwards,] Kerr Counties[, Kimble, McCulloch, Mason, and Menard
|
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counties]. |
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(b) The judge of the 198th District Court may select jury |
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commissioners and impanel grand juries in each county. The judge of |
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the 198th District Court may alternate the drawing of grand juries |
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with the judge of any other district court in each county within the |
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judge's [his] district and may order grand and petit juries to be |
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drawn for any term of the judge's [his] court as in the judge's [his] |
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judgment is necessary, by an order entered in the minutes of the |
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court. Indictments within each county may be returned to either |
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court within that county. |
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(c) In addition to the requirements under Article 59.06, |
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Code of Criminal Procedure, the district attorney for the 198th |
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Judicial District may use proceeds from the sale of forfeited |
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property, after the deduction of amounts described by Article |
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59.06(a), Code of Criminal Procedure, for the official purposes of |
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the office of the district attorney only on the approval of: |
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(1) the commissioners court of each county in the |
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judicial district; or |
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(2) a regional review committee composed of three |
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members who are a county judge, a county attorney, a county |
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commissioner or a county sheriff, each appointed by the member of |
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the house of representatives of this state who represents the |
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[largest number of] counties in the judicial district. |
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(c) Subchapter C, Chapter 24, Government Code, is amended by |
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adding Section 24.596 to read as follows: |
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Sec. 24.596. 452ND JUDICIAL DISTRICT (EDWARDS, KIMBLE, |
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MCCULLOCH, MASON, AND MENARD COUNTIES). (a) The 452nd Judicial |
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District is composed of Edwards, Kimble, McCulloch, Mason, and |
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Menard Counties. |
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(b) The judge of the 452nd District Court may select jury |
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commissioners and impanel grand juries in each county. The judge of |
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the 452nd District Court may order grand and petit juries to be |
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drawn for any term of the judge's court as in the judge's judgment is |
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necessary, by an order entered in the minutes of the court. |
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(d) Subchapter B, Chapter 43, Government Code, is amended by |
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adding Section 43.184 to read as follows: |
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Sec. 43.184. 452ND JUDICIAL DISTRICT. The voters of the |
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452nd Judicial District elect a district attorney who represents |
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the state in all matters before that district court. |
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(e) Section 46.002, Government Code, is amended to read as |
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follows: |
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Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter |
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applies to the state prosecuting attorney, all county prosecutors, |
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and the following state prosecutors: |
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(1) the district attorneys for Kenedy and Kleberg |
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Counties and for the 1st, 2nd, 8th, 9th, 12th, 18th, 21st, 23rd, |
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25th, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, |
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39th, 42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, |
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64th, 66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th, |
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97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th, |
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123rd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th, 198th, |
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216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, 268th, |
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271st, 286th, 329th, 344th, 349th, 355th, 452nd, and 506th judicial |
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districts; |
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(2) the criminal district attorneys for the counties |
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of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, |
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Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, |
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Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, |
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Jasper, Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, |
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Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith, |
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Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, |
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Waller, Wichita, Wood, and Yoakum; and |
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(3) the county attorneys performing the duties of |
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district attorneys in the counties of Andrews, Callahan, Cameron, |
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Castro, Colorado, Crosby, Ellis, Falls, Freestone, Lamar, Lamb, |
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Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, |
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Orange, Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, |
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and Willacy. |
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(f) The local administrative district judge shall transfer |
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to the 198th District Court all cases from Bandera County that are |
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pending in the 216th District Court on the effective date of this |
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Act. |
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(g) When a case is transferred as provided by Subsection (f) |
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of this section: |
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(1) all processes, writs, bonds, recognizances, or |
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other obligations issued from the 216th District Court are |
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returnable to the 198th District Court as if originally issued by |
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that court; and |
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(2) the obligees on all bonds and recognizances taken |
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in and for the 216th District Court and all witnesses summoned to |
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appear in the 216th District Court are required to appear before the |
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198th District Court as if originally required to appear before |
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that court. |
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(h) The local administrative district judge shall transfer |
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to the 452nd District Court all cases from Edwards, Kimble, |
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McCulloch, Mason, and Menard Counties that are pending in the 198th |
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District Court on the effective date of this Act. |
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(i) When a case is transferred as provided by Subsection (h) |
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of this section: |
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(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 |
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(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 |
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452nd District Court as if originally required to appear before |
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that court. |
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(j) The 452nd Judicial District is created on the effective |
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date of this Act. |
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SECTION 1.02. (a) Effective January 1, 2015, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.586 to |
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read as follows: |
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Sec. 24.586. 442ND JUDICIAL DISTRICT (DENTON COUNTY). The |
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442nd Judicial District is composed of Denton County. |
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(b) The 442nd Judicial District is created on January 1, |
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2015. |
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SECTION 1.03. (a) Effective September 1, 2014, Subchapter |
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C, Chapter 24, Government Code, is amended by adding Section 24.587 |
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to read as follows: |
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Sec. 24.587. 443RD JUDICIAL DISTRICT (ELLIS COUNTY). The |
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443rd Judicial District is composed of Ellis County. |
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(b) The 443rd Judicial District is created on September 1, |
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2014. |
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SECTION 1.04. (a) Effective September 1, 2015, Subchapter |
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C, Chapter 24, Government Code, is amended by adding Section 24.594 |
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to read as follows: |
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Sec. 24.594. 450TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a) |
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The 450th Judicial District is composed of Travis County. |
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(b) The 450th District Court shall give preference to |
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criminal matters. |
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(b) The 450th Judicial District is created on September 1, |
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2015. |
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ARTICLE 2. STATUTORY COUNTY COURTS AND COURT COSTS AND FEES |
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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 |
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follows: |
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Sec. 25.0091. ATASCOSA COUNTY. Atascosa County has one |
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statutory county court, the County Court at Law of Atascosa County. |
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Sec. 25.0092. ATASCOSA COUNTY 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, and except as limited by Subsection (b), a county court |
|
at law in Atascosa County has concurrent jurisdiction with the |
|
district court in: |
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(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. |
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(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. |
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(e) The district clerk serves as clerk of a county court at |
|
law in matters of concurrent jurisdiction with the district court, |
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except that the county clerk serves as clerk of the court in Class A |
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and Class B misdemeanor cases and probate matters. The county clerk |
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shall serve as clerk of a county court at law in all other matters. |
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Each clerk shall establish a separate docket for a county court at |
|
law. |
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(f) The official court reporter of a county court at law is |
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entitled to receive a salary set by the judge of the county court at |
|
law with the approval of the commissioners court. |
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(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 |
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may be used as if summoned for the court to which they are |
|
transferred. |
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(b) Notwithstanding Section 25.0091, Government Code, as |
|
added by this Act, the County Court at Law of Atascosa County is |
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created January 1, 2014, or on an earlier date determined by the |
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Commissioners Court of Atascosa County by an order entered in its |
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minutes. |
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SECTION 2.02. (a) Effective January 1, 2015, Section |
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25.0331, Government Code, is amended by adding Subsection (c) to |
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read as follows: |
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(c) Cameron County has one statutory probate court, the |
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Probate Court No. 1 of Cameron County. |
|
(b) Notwithstanding Section 25.0009, Government Code, the |
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initial vacancy in the office of judge of the Probate Court No. 1 of |
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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. |
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(c) The Probate Court No. 1 of Cameron County is created on |
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January 1, 2015. |
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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 |
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and 25.1272 to read as follows: |
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Sec. 25.1271. JIM WELLS COUNTY. Jim Wells County has one |
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statutory county court, the County Court at Law of Jim Wells County. |
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Sec. 25.1272. JIM WELLS COUNTY 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, 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. |
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(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. |
|
(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. |
|
(c) The County Court at Law of Jim Wells County is created on |
|
January 1, 2015. |
|
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. |
|
(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. |
|
SECTION 2.05. Section 25.1772(a), Government Code, is |
|
amended to read as follows: |
|
(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 Navarro County has concurrent jurisdiction |
|
with the district court in: |
|
(1) felony cases to: |
|
(A) conduct arraignments; |
|
(B) conduct pretrial hearings; |
|
(C) accept guilty pleas; and |
|
(D) conduct jury trials on assignment of a |
|
district judge presiding in Navarro County and acceptance of the |
|
assignment by the judge of the county court at law; |
|
(2) Class A and Class B misdemeanor cases; |
|
(3) family law matters; |
|
(4) juvenile matters; |
|
(5) probate matters; [and] |
|
(6) disputes ancillary to probate, eminent domain, |
|
condemnation, or landlord and tenant matters relating to the |
|
adjudication and determination of land titles and trusts, whether |
|
testamentary, inter vivos, constructive, resulting, or any other |
|
class or type of trust, regardless of the amount in controversy or |
|
the remedy sought; and |
|
(7) appeals from the justice and municipal courts. |
|
SECTION 2.06. (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. |
|
SECTION 2.07 |
|
. (a) Chapter 25, Government Code, is amended |
|
by adding Subchapter F to read as follows: |
|
SUBCHAPTER F. MULTICOUNTY STATUTORY COUNTY COURTS IN PARTICULAR |
|
COUNTIES |
|
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. |
|
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. |
|
(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. |
|
(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 |
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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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(d) The 1st Multicounty Court at Law is created September 1, |
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2013. |
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(e) 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 |
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September 1, 2013. |
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(f) On the date the County Court at Law of Nolan County is |
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abolished, all cases pending in the court are transferred to the 1st |
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Multicounty Court at Law. When a case is transferred from one court |
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to another as provided by this section, all processes, writs, |
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bonds, recognizances, or other obligations issued from the |
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transferring court are returnable to the court to which the case is |
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transferred as if originally issued by that court. The obligees in |
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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 |
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from which a case is transferred are required to appear before the |
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court to which a case is transferred as if originally required to |
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appear before the court to which the transfer is made. |
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ARTICLE 3. MAGISTRATES |
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SECTION 3.01. Chapter 54, Government Code, is amended by |
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adding Subchapter KK to read as follows: |
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SUBCHAPTER KK. MAGISTRATES IN GUADALUPE COUNTY |
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Sec. 54.2001. AUTHORIZATION; APPOINTMENT; ELIMINATION. |
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(a) The Commissioners Court of Guadalupe County may authorize the |
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judges of the district and statutory county courts in Guadalupe |
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County to appoint one or more part-time or full-time magistrates to |
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perform the duties authorized by this subchapter. |
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(b) The judges of the district and statutory county courts |
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in Guadalupe County by a unanimous vote may appoint magistrates as |
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authorized by the Commissioners Court of Guadalupe County. |
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(c) An order appointing a magistrate must be signed by the |
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local presiding judge of the district courts serving Guadalupe |
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County, and the order must state: |
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(1) the magistrate's name; and |
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(2) the date the magistrate's employment is to begin. |
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(d) An authorized magistrate's position may be eliminated |
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on a majority vote of the Commissioners Court of Guadalupe County. |
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Sec. 54.2002. QUALIFICATIONS; OATH OF OFFICE. (a) To be |
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eligible for appointment as a magistrate, a person must: |
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(1) be a citizen of the United States; |
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(2) have resided in Guadalupe County for at least the |
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two years preceding the person's appointment; and |
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(3) be at least 30 years of age. |
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(b) A magistrate appointed under Section 54.2001 must take |
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the constitutional oath of office required of appointed officers of |
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this state. |
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Sec. 54.2003. COMPENSATION. (a) A magistrate is entitled |
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to the salary determined by the Commissioners Court of Guadalupe |
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County. |
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(b) A full-time magistrate's salary may not be less than |
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that of a justice of the peace of Guadalupe County as established by |
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the annual budget of Guadalupe County. |
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(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 |
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by dividing the annual salary by a 2,000 work-hour year. The local |
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administrative judge of the district courts serving Guadalupe |
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County shall approve the number of hours for which a part-time |
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magistrate is to be paid. |
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(d) The magistrate's salary is paid from the county fund |
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available for payment of officers' salaries. |
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Sec. 54.2004. JUDICIAL IMMUNITY. A magistrate has the same |
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judicial immunity as a district judge. |
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Sec. 54.2005. TERMINATION OF EMPLOYMENT. (a) A magistrate |
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may be terminated by a majority vote of all the judges of the |
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district and statutory county courts of Guadalupe County. |
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(b) To terminate a magistrate's employment, the local |
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administrative judge of the district courts serving Guadalupe |
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County must sign a written order of termination. The order must |
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state: |
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(1) the magistrate's name; and |
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(2) the final date of the magistrate's employment. |
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Sec. 54.2006. JURISDICTION; RESPONSIBILITY; POWERS. (a) |
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The judges of the district or statutory county courts shall |
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establish standing orders to be followed by a magistrate or parties |
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appearing before a magistrate, as applicable. |
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(b) To the extent authorized by this subchapter and the |
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standing orders, a magistrate has jurisdiction to exercise the |
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authority granted by the judges of the district or statutory county |
|
courts. |
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(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. |
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(d) A magistrate shall give preference to performing the |
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duties of a magistrate under Article 15.17, Code of Criminal |
|
Procedure. |
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(e) A magistrate is authorized to: |
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(1) set, adjust, and revoke bonds before the filing of |
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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. |
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(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. |
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(g) A magistrate may: |
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(1) issue notices of the setting of a case for a |
|
hearing; |
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(2) conduct hearings; |
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(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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Sec. 54.2007. PERSONNEL, EQUIPMENT, AND OFFICE SPACE. The |
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Commissioners Court of Guadalupe County shall provide: |
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(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 4.01. Except as otherwise provided by this Act, |
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this Act takes effect September 1, 2013. |