| 1 | 1 | | 81R4585 YDB-D |
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| 2 | 2 | | By: Cook H.B. No. 728 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the creation of a county court at law in Navarro County. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter C, Chapter 25, Government Code, is |
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| 10 | 10 | | amended by adding Sections 25.1771 and 25.1772 to read as follows: |
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| 11 | 11 | | Sec. 25.1771. NAVARRO COUNTY. Navarro County has one |
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| 12 | 12 | | statutory county court, the County Court at Law of Navarro County. |
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| 13 | 13 | | Sec. 25.1772. NAVARRO COUNTY COURT AT LAW PROVISIONS. (a) |
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| 14 | 14 | | In addition to the jurisdiction provided by Section 25.0003 and |
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| 15 | 15 | | other law, and except as limited by Subsection (b), a county court |
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| 16 | 16 | | at law in Navarro County has concurrent jurisdiction with the |
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| 17 | 17 | | district court in: |
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| 18 | 18 | | (1) felony cases to: |
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| 19 | 19 | | (A) conduct arraignments; |
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| 20 | 20 | | (B) conduct pretrial hearings; |
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| 21 | 21 | | (C) accept guilty pleas; and |
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| 22 | 22 | | (D) conduct jury trials on assignment of a |
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| 23 | 23 | | district judge presiding in Navarro County and acceptance of the |
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| 24 | 24 | | assignment by the judge of the county court at law; |
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| 25 | 25 | | (2) Class A and Class B misdemeanor cases; |
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| 26 | 26 | | (3) family law matters; |
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| 27 | 27 | | (4) juvenile matters; |
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| 28 | 28 | | (5) probate matters; and |
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| 29 | 29 | | (6) appeals from the justice and municipal courts. |
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| 30 | 30 | | (b) A county court at law does not have general supervisory |
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| 31 | 31 | | control or appellate review of the commissioners court or |
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| 32 | 32 | | jurisdiction of: |
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| 33 | 33 | | (1) suits on behalf of this state to recover penalties |
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| 34 | 34 | | or escheated property; |
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| 35 | 35 | | (2) felony cases involving capital murder; |
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| 36 | 36 | | (3) misdemeanors involving official misconduct; or |
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| 37 | 37 | | (4) contested elections. |
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| 38 | 38 | | (c) The judge of a county court at law must have the same |
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| 39 | 39 | | qualifications as those required by law for a district judge. |
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| 40 | 40 | | (d) The judge of a county court at law shall be paid a total |
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| 41 | 41 | | annual salary set by the commissioners court at an amount that is |
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| 42 | 42 | | not less than $1,000 less than the total annual salary received by a |
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| 43 | 43 | | district judge in the county. A district judge's or statutory |
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| 44 | 44 | | county court judge's total annual salary does not include |
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| 45 | 45 | | contributions and supplements paid by a county. |
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| 46 | 46 | | (e) The judge of a county court at law may not engage in the |
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| 47 | 47 | | private practice of law. |
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| 48 | 48 | | (f) The district clerk serves as clerk of a county court at |
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| 49 | 49 | | law in matters of concurrent jurisdiction with the district court, |
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| 50 | 50 | | and the county clerk shall serve as clerk of a county court at law in |
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| 51 | 51 | | all other matters. Each clerk shall establish a separate docket for |
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| 52 | 52 | | a county court at law. |
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| 53 | 53 | | (g) The official court reporter of a county court at law is |
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| 54 | 54 | | entitled to receive a salary set by the judge of the county court at |
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| 55 | 55 | | law with the approval of the commissioners court. |
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| 56 | 56 | | (h) Jurors summoned for a county court at law or a district |
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| 57 | 57 | | court in the county may by order of the judge of the court to which |
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| 58 | 58 | | they are summoned be transferred to another court for service and |
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| 59 | 59 | | may be used as if summoned for the court to which they are |
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| 60 | 60 | | transferred. |
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| 61 | 61 | | SECTION 2. Notwithstanding Section 25.1771, Government |
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| 62 | 62 | | Code, as added by this Act, the County Court at Law of Navarro |
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| 63 | 63 | | County is created January 1, 2011, or on an earlier date determined |
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| 64 | 64 | | by the Commissioners Court of Navarro County by an order entered in |
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| 65 | 65 | | its minutes. |
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| 66 | 66 | | SECTION 3. This Act takes effect September 1, 2009. |
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