H.B. No. 1622
AN ACT
relating to the creation of a county court at law in Hill County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 25, Government Code, is
amended by adding Sections 25.1111 and 25.1112 to read as follows:
Sec. 25.1111. HILL COUNTY. Hill County has one statutory
county court, the County Court at Law of Hill County.
Sec. 25.1112. HILL COUNTY COURT AT LAW PROVISIONS. (a) In
addition to the jurisdiction provided by Section 25.0003 and other
law, a county court at law in Hill County has concurrent
jurisdiction with the district court in felony cases and family law
cases and proceedings. A county court at law does not have
jurisdiction of felony cases involving capital murder.
(b) A county court at law in Hill County has the same terms
of court as the 66th District Court.
(c) The judge of a county court at law may not engage in the
private practice of law and must meet the qualifications
established by Section 25.0014.
(d) The judge of a county court at law shall be paid as
provided by Section 25.0005. The judge's salary shall be paid out
of the county treasury on order of the commissioners court. The
judge is entitled to necessary office and operational expenses,
including administrative and clerical personnel, in the same manner
as the county judge.
(e) The district clerk serves as the clerk of a county court
at law for all criminal and civil matters except that the county
clerk serves as the clerk of the county court at law in uncontested
probate and guardianship matters. The county clerk shall transfer
to the district clerk any contested probate and guardianship
matters filed with the county clerk.
(f) The commissioners court may employ the assistant
district attorneys, assistant county attorneys, assistant clerks,
deputy sheriffs, and bailiffs necessary to serve the county court
at law.
(g) Notwithstanding Section 74.0911, the judge of the 66th
District Court shall act as presiding judge between the district
and county court at law and may assign to the county court at law
original or appellate cases that are within the jurisdiction of the
county court at law. The assignment shall be made by docket
notation.
(h) In matters of concurrent jurisdiction, the judge of a
county court at law and the judge of the 66th District Court may
exchange benches, transfer cases, assign each other to hear cases
in accordance with orders signed and approved by the judges
involved, and otherwise manage their respective dockets under local
administrative rules.
(i) The official court reporter of a county court at law is
entitled to the compensation set by the commissioners court on
order of the judge of the court in an amount not to exceed 90 percent
of the compensation paid to the court reporter of a district court
in Hill County.
(j) If a family law case or proceeding is tried before a
jury, the jury shall be composed of 12 members. In all other cases,
except as otherwise required by law, the jury shall be composed of
six members.
(k) Jurors regularly impaneled for a week by the district
court may, on request of the county judge or the judge of a county
court at law, be made available and shall serve for the week in the
county court or the county court at law.
SECTION 2. Section 24.168(b), Government Code, is amended
to read as follows:
(b) In addition to other jurisdiction provided by law, the
66th District Court has concurrent jurisdiction with the County
Court of Hill County and the statutory county courts in Hill County
in all civil and criminal matters over which the county court and
the statutory county courts would have original or appellate
jurisdiction. The district court has control over the assignment
of cases as prescribed by Sections 25.1112 and [Section] 26.209.
SECTION 3. Section 26.209(c), Government Code, is amended
to read as follows:
(c) The judge of the 66th District Court shall act as
presiding judge between the district and county courts and may
assign to the county court original or appellate cases that are
within the county court's jurisdiction and assign to a county court
at law cases that are within the jurisdiction of the county court at
law. The assignment shall be made by docket notation.
SECTION 4. Section 152.1151(a), Human Resources Code, is
amended to read as follows:
(a) The juvenile board of Hill County is composed of the
county judge, the statutory county court judges, and the district
judges in Hill County.
SECTION 5. The County Court at Law of Hill County is created
September 1, 2005.
SECTION 6. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1622 was passed by the House on April
7, 2005, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1622 on May 26, 2005, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1622 was passed by the Senate, with
amendments, on May 24, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor