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A BILL TO BE ENTITLED
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AN ACT
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relating to the Harrison County Court at Law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.1042, Government Code, is amended by |
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adding Subsection (a) to read as follows: |
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(a) In addition to the jurisdiction provided by Section |
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25.0003 and other law, a county court at law in Harrison County has |
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concurrent jurisdiction with the district court, on assignment of a |
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district judge presiding in Harrison County, in felony cases other |
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than capital murder cases. This subsection expires January 1, 2015. |
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SECTION 2. Effective January 1, 2015, Section 25.1042, |
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Government Code, is amended by adding Subsection (a) to read as |
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follows: |
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(a) In addition to the jurisdiction provided by Section |
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25.0003 and other law, a county court at law in Harrison County has |
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concurrent jurisdiction with the district court, on assignment of a |
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district judge presiding in Harrison County, in: |
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(1) felony cases other than capital murder cases; |
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(2) family law cases and proceedings; and |
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(3) civil cases. |
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SECTION 3. Section 25.1042, Government Code, is amended by |
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adding Subsections (b), (c), and (d) to read as follows: |
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(b) Assignment and transfer of cases under Subsection (a) is |
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at the discretion of the judge of the district court making the |
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assignment. Assignment or transfer from a county court at law to a |
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district court is governed by Section 74.121(b)(1). |
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(c) The district clerk serves as clerk of a county court at |
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law in cases assigned under Subsection (a), and the county clerk |
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serves as clerk of the court in all other cases. |
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(d) A party to a case assigned under Subsection (a) may |
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request a jury of 12 persons if the party makes the request not |
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later than the 30th day before the trial date. A party who does not |
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make a timely request under this subsection waives the right to |
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request a 12-person jury and the case will proceed with a six-person |
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jury. |
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SECTION 4. Section 25.1042(g), Government Code, is amended |
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to read as follows: |
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(g) The criminal district attorney is entitled to the same |
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fees prescribed by law for prosecutions in the county court, except |
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that in cases assigned under Subsection (a), the criminal district |
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attorney is entitled to the same fees prescribed by law for |
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prosecutions in district court. |
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SECTION 5. Section 25.1042(a), Government Code, as added by |
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Section 1 of this Act, applies only to an action filed in a district |
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court in Harrison County on or after the effective date of this Act. |
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An action filed in a district court in Harrison County before the |
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effective date of this Act is governed by the law in effect on the |
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date the action was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 6. Section 25.1042(a), Government Code, as added by |
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Section 2 of this Act, applies only to an action filed in a district |
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court in Harrison County on or after January 1, 2015. An action |
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filed in a district court in Harrison County before January 1, 2015, |
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is governed by the law in effect on the date the action was filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 7. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2013. |