Texas 2009 - 81st Regular

Texas Senate Bill SB1740 Compare Versions

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1	1	By: Uresti, Zaffirini S.B. No. 1740
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of three additional county courts at law in
7	7	Bexar County.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsection (b), Section 25.0171, Government
10	10	Code, is amended to read as follows:
11	11	(b) Bexar County has the following county courts at law:
12	12	(1) County Court at Law No. 1 of Bexar County, Texas;
13	13	(2) County Court at Law No. 2 of Bexar County, Texas;
14	14	(3) County Court at Law No. 3 of Bexar County, Texas;
15	15	(4) County Court at Law No. 4 of Bexar County, Texas;
16	16	(5) County Court at Law No. 5 of Bexar County, Texas;
17	17	(6) County Court at Law No. 6 of Bexar County, Texas;
18	18	(7) County Court at Law No. 7 of Bexar County, Texas;
19	19	(8) County Court at Law No. 8 of Bexar County, Texas;
20	20	(9) County Court at Law No. 9 of Bexar County, Texas;
21	21	(10) County Court at Law No. 10 of Bexar County, Texas;
22	22	(11) County Court at Law No. 11 of Bexar County, Texas;
23	23	[and]
24	24	(12) County Court at Law No. 12 of Bexar County, Texas;
25	25	(13) County Court at Law No. 13 of Bexar County, Texas;
26	26	(14) County Court at Law No. 14 of Bexar County, Texas;
27	27	and
28	28	(15) County Court at Law No. 15 of Bexar County, Texas.
29	29	SECTION 2. Section 25.0172, Government Code, is amended by
30	30	adding Subsection (c-1) and amending Subsections (d), (l), (n),
31	31	(o), (u), and (v) to read as follows:
32	32	(c-1) The County Court at Law No. 13 of Bexar County, Texas,
33	33	shall give preference to cases prosecuted under:
34	34	(1) Section 22.01, Penal Code, in which the victim is a
35	35	person whose relationship to or association with the defendant is
36	36	described by Chapter 71, Family Code; and
37	37	(2) Section 25.07, Penal Code.
38	38	(d) The County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11,
39	39	[and] 12, 13, 14, and 15 have six terms of court beginning on the
40	40	first Mondays in January, March, May, July, September, and
41	41	November. The County Court at Law No. 2 has six terms of court
42	42	beginning on the first Mondays in February, April, June, August,
43	43	October, and December.
44	44	(l) If the judge of the County Court at Law No. 4, 6, 7, 8, 9,
45	45	10, 11, [or] 12, 13, 14, or 15 is absent, disabled, or disqualified
46	46	from presiding, a special judge may be appointed or elected in the
47	47	manner provided by law for the appointment or election of a special
48	48	county judge. A special judge must take the oath of office required
49	49	by law for the regular judge. A special judge has the power and
50	50	jurisdiction of the court and of the regular judge for whom the
51	51	special judge is sitting and may sign orders, judgments, decrees,
52	52	and other process of any kind as "Judge Presiding." A special judge
53	53	is entitled to receive for services performed the same amount of
54	54	compensation as the regular judge, to be paid out of county funds.
55	55	The compensation paid a special judge may not be deducted from the
56	56	salary of the regular judge.
57	57	(n) The criminal district attorney shall attend the County
58	58	Court at Law No. 4, 6, 7, 8, 9, 10, 11, [or] 12, 13, 14, or 15 as
59	59	required by the judge. The criminal district attorney serves the
60	60	county courts at law as provided by Section 25.0010(b).
61	61	(o) The judge of the County Court at Law No. 4 or 6 may
62	62	appoint a court coordinator or administrative assistant for the
63	63	court. The judge of the County Court at Law No. 7, 8, 9, 10, 11,
64	64	[or] 12, 13, 14, or 15 may, with the approval of the commissioners
65	65	court, appoint a court coordinator or administrative assistant for
66	66	the court. A court coordinator or administrative assistant
67	67	performs the duties prescribed by the judge and cooperates with the
68	68	administrative judges and state agencies for the uniform and
69	69	efficient operation of the courts and the administration of
70	70	justice. The court coordinator or administrative assistant is
71	71	entitled to be paid from county funds the compensation, fees, and
72	72	allowances that are set by the commissioners court or as otherwise
73	73	provided by law. These provisions are in addition to the provisions
74	74	in Subchapter F, Chapter 75.
75	75	(u) The official court reporter of a county court at law is
76	76	entitled to receive an annual salary set by the judge and approved
77	77	by the commissioners court at an amount not less than $35,256. The
78	78	official court reporter's fee shall be taxed as costs in civil
79	79	actions in County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11,
80	80	[and] 12, 13, 14, and 15 in the same manner as that fee is taxed in
81	81	district court. In County Court at Law No. 2, the clerk collects
82	82	the official court reporters' fee of $3 and pays it into the county
83	83	treasury in the same manner as district clerks are required to
84	84	collect and pay costs.
85	85	(v) Section 25.0006(a) does not apply to County Courts at
86	86	Law Nos. 4, 6, 7, 8, 9, 10, 11, [and] 12, 13, 14, and 15 of Bexar
87	87	County. Section 25.0006(b) does not apply to County Courts at Law
88	88	Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, [and] 12, 13, 14, and 15 of Bexar
89	89	County.
90	90	SECTION 3. Notwithstanding Subsection (b), Section
91	91	25.0171, Government Code, as amended by this Act, the County Court
92	92	at Law No. 13 of Bexar County, Texas, is created September 1, 2009,
93	93	or on an earlier date determined by the Commissioners Court of Bexar
94	94	County by an order entered in its minutes.
95	95	SECTION 4. Notwithstanding Subsection (b), Section
96	96	25.0171, Government Code, as amended by this Act, the County Court
97	97	at Law No. 14 of Bexar County, Texas, is created September 1, 2009,
98	98	or on an earlier date determined by the Commissioners Court of Bexar
99	99	County by an order entered in its minutes.
100	100	SECTION 5. Notwithstanding Subsection (b), Section
101	101	25.0171, Government Code, as amended by this Act, the County Court
102	102	at Law No. 15 of Bexar County, Texas, is created September 1, 2009,
103	103	or on an earlier date determined by the Commissioners Court of Bexar
104	104	County by an order entered in its minutes.
105	105	SECTION 6. This Act takes effect immediately if it receives
106	106	a vote of two-thirds of all the members elected to each house, as
107	107	provided by Section 39, Article III, Texas Constitution. If this
108	108	Act does not receive the vote necessary for immediate effect, this
109	109	Act takes effect September 1, 2009.