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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a county court at law in Jim Wells |
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County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 25, Government Code, is |
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amended by adding Sections 25.1271 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 |
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jurisdiction provided by this section. |
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(b) A county court at law in Jim Wells County has concurrent |
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jurisdiction with the district court in: |
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(1) civil cases in which the matter in controversy |
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exceeds $500 but does not exceed $250,000, excluding interest; |
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(2) family law cases and proceedings; |
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(3) Class A and Class B misdemeanors; |
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(4) juvenile cases; and |
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(5) appeals from justice and municipal courts. |
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(c) A county court at law does not have jurisdiction of: |
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(1) suits on behalf of this state to recover penalties |
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or escheated property; |
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(2) felony cases; |
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(3) misdemeanors involving official misconduct; or |
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(4) contested elections. |
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(d) The judge of a county court at law must have the same |
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qualifications as those required by law for a district judge. |
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(e) The judge of a county court at law shall be paid a total |
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annual salary set by the commissioners court at an amount that is |
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not less than $1,000 less than the total annual salary received by a |
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district judge in the county. A district judge's or statutory |
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county court judge's total annual salary does not include |
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contributions and supplements paid by a county. |
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(f) The district clerk serves as clerk of a county court at |
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law in matters of concurrent jurisdiction with the district court, |
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and the county clerk shall serve as clerk of a county court at law in |
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all other matters. Each clerk shall establish a separate docket for |
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a county court at law. |
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(g) Jurors summoned for a county court at law or a district |
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court in the county may by order of the judge of the court to which |
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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 |
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transferred. |
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(h) If a jury trial is requested in a case that is in a |
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county court at law's jurisdiction, the jury shall be composed of |
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six members unless the constitution requires a 12-member jury. |
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Failure to object before a six-member jury is seated and sworn |
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constitutes a waiver of a 12-member jury. |
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(i) A judge of a county court at law may provide that any |
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criminal proceeding in the county court at law be recorded by a good |
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quality electronic recording device instead of by a court reporter, |
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unless the defendant requests that a court reporter be present upon |
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written motion filed with the court not later than 10 days before |
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trial. If a recording device is used, the court reporter need not |
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be present at the proceeding to certify the statement of facts. |
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SECTION 2. Notwithstanding Section 25.0009, Government |
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Code, the initial vacancy in the office of judge of the County Court |
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at Law of Jim Wells County shall be filled by election. The office |
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exists for purposes of the primary and general elections in 2014. A |
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vacancy after the initial vacancy is filled as provided by Section |
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25.0009, Government Code. |
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SECTION 3. The County Court at Law of Jim Wells County is |
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created on January 1, 2015. |
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SECTION 4. This Act takes effect September 1, 2013. |