81R11123 CS-F
By: Homer H.B. No. 3710
A BILL TO BE ENTITLED
AN ACT
relating to consideration of district court cases by judges of
certain constitutional county courts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 24, Government Code, is
amended by adding Section 24.023 to read as follows:
Sec. 24.023. DISTRICT COURT AGREEMENT WITH CERTAIN
CONSTITUTIONAL COUNTY COURTS. (a) A district court judge and a
county court judge may enter into a written agreement granting the
county court jurisdiction to hear:
(1) guilty pleas in felony cases;
(2) default judgments;
(3) uncontested civil cases in which a final judgment
will be entered;
(4) uncontested family law cases in which a final
judgment will be entered; and
(5) civil and family law cases where an agreed final
judgment will be entered.
(b) Subsection (a) applies only to a county:
(1) that has two or more district courts composed of
more than one county;
(2) that does not have a county court at law; and
(3) in which the county court retains original
misdemeanor jurisdiction, and the county court judge is granted
authority to consider those cases under the constitution or general
law.
(c) A county court judge who enters into an agreement under
Subsection (a) must be an attorney who is licensed to practice law
in this state and who meets the qualifications for holding the
office of district court judge.
(d) An agreement between a district court judge and a county
court judge under this section may provide that final judgments
must be approved by the district court judge.
(e) A county court judge has the same judicial immunity as
the district court judge when presiding over cases authorized by
this section.
(f) All pleadings, documents, records, and other papers
remain under the control of the district clerk. The district clerk
may establish a separate docket for the cases considered by the
county court judge.
(g) A county court judge who hears cases under this section
shall be paid an annual salary supplement from the state in the
amount of $30,000.
(h) To receive a supplement under Subsection (g), a county
court judge must file with the Office of Court Administration of the
Texas Judicial System a copy of the written agreement and an
affidavit stating that the county court judge is performing
judicial functions consistent with the agreement. The office of
court administration shall send the affidavit to the comptroller.
(i) The commissioners court in a county with a county court
judge who is entitled to receive a salary supplement under this
section may not reduce the county funds provided for the salary or
office of the county court judge as a result of the salary
supplement required by this section.
SECTION 2. This Act takes effect September 1, 2009.