By: Uresti S.B. No. 1740
(In the Senate - Filed March 10, 2009; March 20, 2009, read
first time and referred to Committee on Jurisprudence;
April 23, 2009, reported favorably by the following vote: Yeas 4,
Nays 0; April 23, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of three additional county courts at law in
Bexar County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 25.0171, Government
Code, is amended to read as follows:
(b) Bexar County has the following county courts at law:
(1) County Court at Law No. 1 of Bexar County, Texas;
(2) County Court at Law No. 2 of Bexar County, Texas;
(3) County Court at Law No. 3 of Bexar County, Texas;
(4) County Court at Law No. 4 of Bexar County, Texas;
(5) County Court at Law No. 5 of Bexar County, Texas;
(6) County Court at Law No. 6 of Bexar County, Texas;
(7) County Court at Law No. 7 of Bexar County, Texas;
(8) County Court at Law No. 8 of Bexar County, Texas;
(9) County Court at Law No. 9 of Bexar County, Texas;
(10) County Court at Law No. 10 of Bexar County, Texas;
(11) County Court at Law No. 11 of Bexar County, Texas;
[and]
(12) County Court at Law No. 12 of Bexar County, Texas;
(13) County Court at Law No. 13 of Bexar County, Texas;
(14) County Court at Law No. 14 of Bexar County, Texas;
and
(15) County Court at Law No. 15 of Bexar County, Texas.
SECTION 2. Section 25.0172, Government Code, is amended by
adding Subsection (c-1) and amending Subsections (d), (l), (n),
(o), (u), and (v) to read as follows:
(c-1) The County Court at Law No. 13 of Bexar County, Texas,
shall give preference to cases prosecuted under:
(1) Section 22.01, Penal Code, in which the victim is a
person whose relationship to or association with the defendant is
described by Chapter 71, Family Code; and
(2) Section 25.07, Penal Code.
(d) The County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11,
[and] 12, 13, 14, and 15 have six terms of court beginning on the
first Mondays in January, March, May, July, September, and
November. The County Court at Law No. 2 has six terms of court
beginning on the first Mondays in February, April, June, August,
October, and December.
(l) If the judge of the County Court at Law No. 4, 6, 7, 8, 9,
10, 11, [or] 12, 13, 14, or 15 is absent, disabled, or disqualified
from presiding, a special judge may be appointed or elected in the
manner provided by law for the appointment or election of a special
county judge. A special judge must take the oath of office required
by law for the regular judge. A special judge has the power and
jurisdiction of the court and of the regular judge for whom the
special judge is sitting and may sign orders, judgments, decrees,
and other process of any kind as "Judge Presiding." A special judge
is entitled to receive for services performed the same amount of
compensation as the regular judge, to be paid out of county funds.
The compensation paid a special judge may not be deducted from the
salary of the regular judge.
(n) The criminal district attorney shall attend the County
Court at Law No. 4, 6, 7, 8, 9, 10, 11, [or] 12, 13, 14, or 15 as
required by the judge. The criminal district attorney serves the
county courts at law as provided by Section 25.0010(b).
(o) The judge of the County Court at Law No. 4 or 6 may
appoint a court coordinator or administrative assistant for the
court. The judge of the County Court at Law No. 7, 8, 9, 10, 11,
[or] 12, 13, 14, or 15 may, with the approval of the commissioners
court, appoint a court coordinator or administrative assistant for
the court. A court coordinator or administrative assistant
performs the duties prescribed by the judge and cooperates with the
administrative judges and state agencies for the uniform and
efficient operation of the courts and the administration of
justice. The court coordinator or administrative assistant is
entitled to be paid from county funds the compensation, fees, and
allowances that are set by the commissioners court or as otherwise
provided by law. These provisions are in addition to the provisions
in Subchapter F, Chapter 75.
(u) The official court reporter of a county court at law is
entitled to receive an annual salary set by the judge and approved
by the commissioners court at an amount not less than $35,256. The
official court reporter's fee shall be taxed as costs in civil
actions in County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11,
[and] 12, 13, 14, and 15 in the same manner as that fee is taxed in
district court. In County Court at Law No. 2, the clerk collects
the official court reporters' fee of $3 and pays it into the county
treasury in the same manner as district clerks are required to
collect and pay costs.
(v) Section 25.0006(a) does not apply to County Courts at
Law Nos. 4, 6, 7, 8, 9, 10, 11, [and] 12, 13, 14, and 15 of Bexar
County. Section 25.0006(b) does not apply to County Courts at Law
Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, [and] 12, 13, 14, and 15 of Bexar
County.
SECTION 3. Notwithstanding Subsection (b), Section
25.0171, Government Code, as amended by this Act, the County Court
at Law No. 13 of Bexar County, Texas, is created September 1, 2009,
or on an earlier date determined by the Commissioners Court of Bexar
County by an order entered in its minutes.
SECTION 4. Notwithstanding Subsection (b), Section
25.0171, Government Code, as amended by this Act, the County Court
at Law No. 14 of Bexar County, Texas, is created September 1, 2009,
or on an earlier date determined by the Commissioners Court of Bexar
County by an order entered in its minutes.
SECTION 5. Notwithstanding Subsection (b), Section
25.0171, Government Code, as amended by this Act, the County Court
at Law No. 15 of Bexar County, Texas, is created September 1, 2009,
or on an earlier date determined by the Commissioners Court of Bexar
County by an order entered in its minutes.
SECTION 6. 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, 2009.
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