|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the operation and administration of, and practice and |
|
procedures in courts in, the judicial branch of state government. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
ARTICLE 1. DISTRICT COURTS |
|
SECTION 1.01. Section 24.503, Government Code, is |
|
transferred to Subchapter D, Chapter 24, Government Code, and |
|
redesignated as Section 24.641, Government Code, to read as |
|
follows: |
|
Sec. 24.641 [24.503]. 357TH JUDICIAL DISTRICT (CAMERON |
|
COUNTY). The 357th Judicial District is composed of Cameron |
|
County. |
|
SECTION 1.02. (a) 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, |
|
2014. |
|
SECTION 1.03. (a) 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. |
|
(b) The 447th Judicial District is created on the effective |
|
date of this Act. |
|
SECTION 1.04. (a) 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. |
|
ARTICLE 2. STATUTORY COUNTY COURTS |
|
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. Atascosa County has one |
|
statutory county court, the County Court at Law of 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. |
|
(b) Notwithstanding Section 25.0091, Government Code, as |
|
added by this section, 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. |
|
ARTICLE 3. JUVENILE BOARDS |
|
SECTION 3.01. Section 51.04, Family Code, is amended by |
|
amending Subsections (b) and (e) and adding Subsection (i) to read |
|
as follows: |
|
(b) In each county, the county's juvenile board shall |
|
designate one or more district, criminal district, domestic |
|
relations, juvenile, or county courts or county courts at law as the |
|
juvenile court, subject to Subsections (c), [and] (d), and (i) [of
|
|
this section]. |
|
(e) A designation made under Subsection (b), [or] (c), or |
|
(i) [of this section] may be changed from time to time by the |
|
authorized boards or judges for the convenience of the people and |
|
the welfare of children. However, there must be at all times a |
|
juvenile court designated for each county. It is the intent of the |
|
legislature that in selecting a court to be the juvenile court of |
|
each county, the selection shall be made as far as practicable so |
|
that the court designated as the juvenile court will be one which is |
|
presided over by a judge who has a sympathetic understanding of the |
|
problems of child welfare and that changes in the designation of |
|
juvenile courts be made only when the best interest of the public |
|
requires it. |
|
(i) If the court designated as the juvenile court under |
|
Subsection (b) does not have jurisdiction over proceedings under |
|
Subtitle E, Title 5, the county's juvenile board shall designate at |
|
least one other court that does have jurisdiction over proceedings |
|
under Subtitle E, Title 5, as a juvenile court or alternative |
|
juvenile court. |
|
SECTION 3.02. Section 152.0771(a), Human Resources Code, is |
|
amended to read as follows: |
|
(a) The juvenile board of El Paso County is composed of: |
|
(1) the county judge or: |
|
(A) a member of the commissioners court |
|
designated by the county judge; or |
|
(B) an individual who is not a member of the |
|
commissioners court and who is designated by the county judge and |
|
approved by the commissioners court by majority vote; |
|
(2) each family district court judge; |
|
(3) each juvenile court judge; |
|
(4) up to five judges on the "El Paso Council of |
|
Judges" to be elected by majority vote of that council; |
|
(5) a municipal judge from El Paso County selected by |
|
the chairman of the juvenile board of El Paso County; and |
|
(6) a justice of the peace in El Paso County selected |
|
by the chairman of the juvenile board of El Paso County. |
|
ARTICLE 4. EFFECTIVE DATE |
|
SECTION 4.01. This Act takes effect September 1, 2013. |