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S.B. No. 524
AN ACT
relating to the creation of a county court at law in Cass 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 25.0361 and 25.0362 to read as follows:
Sec. 25.0361. CASS COUNTY. Cass County has one statutory
county court, the County Court at Law of Cass County.
Sec. 25.0362. CASS 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 Cass County has the jurisdiction provided by the constitution
and by general law for district courts, including concurrent
jurisdiction in:
(1) misdemeanor cases;
(2) arraignments, pleas, and pre-trial motions for
felony cases;
(3) trials for felony cases transferred from a
district court in Cass County to the county court at law on
agreement of the county court at law judge;
(4) family law cases and proceedings, including
juvenile matters; and
(5) appeals from justice courts and from the county
court in misdemeanor cases.
(b) A county court at law does not have general supervisory
control or appellate review of the commissioners court or
jurisdiction of:
(1) misdemeanors involving official misconduct;
(2) suits on behalf of the state to recover penalties
or escheated property;
(3) contested elections;
(4) suits in which the county is a party; or
(5) felony cases involving capital murder.
(c) The judge of a county court at law may not engage in the
private practice of law.
(d) The district clerk serves as clerk of a county court at
law except that the county clerk serves as clerk of a county court
at law in probate matters.
(e) The clerk of a county court at law in Cass County shall
collect the additional fees and costs required under Section
51.702.
(f) 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.
(g) In matters of concurrent jurisdiction, a judge of a
county court at law and a judge of a district court in Cass County
may transfer cases between the courts in the same manner that judges
of district courts may transfer cases under Section 24.303.
(h) The judge of a county court at law in Cass County is
entitled to a budget for travel and continuing education in an
amount that is at least equal to the amount budgeted to the county
judge for travel and continuing education.
SECTION 2. The County Court at Law of Cass County is created
on the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 524 passed the Senate on
March 30, 2005, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 524 passed the House on
April 22, 2005, by the following vote: Yeas 143, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor