| 1 | 1 | | H.B. No. 4685 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the County Court of Titus County. |
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| 6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 7 | 7 | | SECTION 1. Subchapter E, Chapter 26, Government Code, is |
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| 8 | 8 | | amended by adding Section 26.325 to read as follows: |
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| 9 | 9 | | Sec. 26.325. TITUS COUNTY. (a) The County Court of Titus |
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| 10 | 10 | | County has: |
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| 11 | 11 | | (1) the general jurisdiction of a probate court; |
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| 12 | 12 | | (2) juvenile jurisdiction as provided by Section |
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| 13 | 13 | | 26.042(b); and |
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| 14 | 14 | | (3) original and appellate jurisdiction in all matters |
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| 15 | 15 | | over which county courts have jurisdiction under the constitution |
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| 16 | 16 | | and general laws of this state. |
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| 17 | 17 | | (b) The terms of the county court continue until the court |
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| 18 | 18 | | has disposed of its business. The commissioners court may change |
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| 19 | 19 | | the court terms under Section 26.002. |
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| 20 | 20 | | (c) A judge of a district court in Titus County and the judge |
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| 21 | 21 | | of the county court may enter into a written agreement granting the |
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| 22 | 22 | | county court jurisdiction to hear: |
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| 23 | 23 | | (1) guilty pleas in felony cases; |
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| 24 | 24 | | (2) default judgments; |
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| 25 | 25 | | (3) uncontested civil and family law cases in which a |
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| 26 | 26 | | final judgment will be entered; and |
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| 27 | 27 | | (4) civil and family law cases in which an agreed final |
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| 28 | 28 | | judgment will be entered. |
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| 29 | 29 | | (d) The county court judge may not enter into an agreement |
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| 30 | 30 | | under Subsection (c) unless: |
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| 31 | 31 | | (1) the county is included in at least two judicial |
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| 32 | 32 | | districts that contain more than one county; |
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| 33 | 33 | | (2) the county does not have a county court at law; |
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| 34 | 34 | | (3) the county court retains original misdemeanor |
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| 35 | 35 | | jurisdiction; and |
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| 36 | 36 | | (4) the county judge is an attorney who: |
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| 37 | 37 | | (A) is licensed to practice law in this state; |
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| 38 | 38 | | and |
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| 39 | 39 | | (B) meets the qualifications for holding the |
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| 40 | 40 | | office of district court judge. |
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| 41 | 41 | | (e) An agreement under Subsection (c) may provide that a |
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| 42 | 42 | | final judgment be approved by the district court judge. |
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| 43 | 43 | | (f) The county judge has the same judicial immunity as the |
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| 44 | 44 | | district court judge when presiding over cases authorized under |
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| 45 | 45 | | Subsection (c). |
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| 46 | 46 | | (g) All pleadings, documents, records, and other papers in |
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| 47 | 47 | | district court cases heard by a county court judge remain under the |
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| 48 | 48 | | control of the district clerk. The district clerk may establish a |
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| 49 | 49 | | separate docket for the cases considered by the county court judge. |
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| 50 | 50 | | SECTION 2. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2009. |
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| 55 | 55 | | ______________________________ ______________________________ |
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| 56 | 56 | | President of the Senate Speaker of the House |
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| 57 | 57 | | I certify that H.B. No. 4685 was passed by the House on May |
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| 58 | 58 | | 15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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| 59 | 59 | | voting. |
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| 60 | 60 | | ______________________________ |
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| 61 | 61 | | Chief Clerk of the House |
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| 62 | 62 | | I certify that H.B. No. 4685 was passed by the Senate on May |
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| 63 | 63 | | 27, 2009, by the following vote: Yeas 31, Nays 0. |
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| 64 | 64 | | ______________________________ |
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| 65 | 65 | | Secretary of the Senate |
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| 66 | 66 | | APPROVED: _____________________ |
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| 67 | 67 | | Date |
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| 68 | 68 | | _____________________ |
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| 69 | 69 | | Governor |
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