83R6153 YDB-F
By: King of Taylor H.B. No. 2116
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the 1st Multicounty Court at Law
composed of Fisher, Mitchell, and Nolan Counties and the
abolishment of the County Court at Law of Nolan County; imposing a
stenographer's fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 25, Government Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. MULTICOUNTY STATUTORY COUNTY COURTS IN PARTICULAR
COUNTIES
Sec. 25.2701. 1ST MULTICOUNTY COURT AT LAW (FISHER,
MITCHELL, AND NOLAN COUNTIES). Fisher, Mitchell, and Nolan
Counties have a multicounty statutory county court composed of
those counties, the 1st Multicounty Court at Law.
Sec. 25.2702. 1ST MULTICOUNTY COURT AT LAW PROVISIONS. (a)
In addition to the jurisdiction provided by Section 25.0003 and
other law, the 1st Multicounty Court at Law has concurrent
jurisdiction with the district court in family law cases and
proceedings.
(b) The county court at law has concurrent jurisdiction with
the justice court in criminal matters prescribed by law for justice
courts. This section does not affect the right of appeal to a
county court at law from a justice court where the right of appeal
to the county court exists by law.
(c) The judge may not engage in the private practice of law.
(d) An official court reporter of the county court at law is
entitled to receive a salary set by the commissioners courts in the
counties the reporter serves to be paid out of the county
treasuries, either by salary or by contract as set by the
commissioners courts. The clerk of the court shall tax as costs, in
each civil, criminal, and probate case in which a record of any part
of the evidence in the case is made by the reporter, a
stenographer's fee of $25. The fee shall be paid in the same manner
as other costs in the case. The clerk collects the fee and pays it
into the general funds of the counties.
(e) The district clerk serves as clerk of the county court
at law in matters of concurrent jurisdiction with the district
court, and the county clerk serves as clerk of the county court at
law in all other cases.
(f) Sections 25.0006, 25.0008, and 74.054(b) do not apply to
the county court at law.
(g) From amounts deposited in the judicial fund under
Section 51.702, the state shall annually compensate Fisher,
Mitchell, and Nolan Counties each in the amount required under
Section 25.0015.
(h) Notwithstanding Section 74.121(b)(1), in matters of
concurrent jurisdiction, the judge of the 1st Multicounty Court at
Law and the judges of the district courts in Fisher, Mitchell, and
Nolan Counties may exchange benches and courtrooms and may transfer
cases between their dockets in the same manner that judges of
district courts exchange benches and transfer cases under Section
24.003.
SECTION 2. Subchapter E, Chapter 101, Government Code, is
amended by adding Section 101.08117 to read as follows:
Sec. 101.08117. ADDITIONAL STATUTORY COUNTY COURT FEES:
GOVERNMENT CODE. The clerk of the 1st Multicounty Court at Law
shall collect a stenographer's fee of $25 under Section 25.2702,
Government Code, in each civil or probate case in which a record of
any part of the evidence is made by the official court reporter of
the court.
SECTION 3. Subchapter D, Chapter 102, Government Code, is
amended by adding Section 102.0619 to read as follows:
Sec. 102.0619. ADDITIONAL COURT COSTS ON CONVICTION IN
CERTAIN STATUTORY COUNTY COURTS: GOVERNMENT CODE. The clerk of the
1st Multicounty Court at Law shall collect a stenographer's fee of
$25 under Section 25.2702, Government Code, in each criminal case
in which a record of any part of the evidence is made by the official
court reporter of the court.
SECTION 4. (a) Notwithstanding Section 25.2701, Government
Code, as added by this Act, the 1st Multicounty Court at Law is
created September 1, 2013, or on an earlier date as determined by an
order issued by each of the commissioners courts of Fisher,
Mitchell, and Nolan Counties.
(b) Sections 25.1791 and 25.1792, Government Code, are
repealed and the County Court at Law of Nolan County is abolished on
the date the 1st Multicounty Court at Law is created.
SECTION 5. On the date the County Court at Law of Nolan
County is abolished, all cases pending in the court are transferred
to the 1st Multicounty Court at Law. When a case is transferred
from one court to another as provided by this section, all
processes, writs, bonds, recognizances, or other obligations
issued from the transferring court are returnable to the court to
which the case is transferred as if originally issued by that court.
The obligees in all bonds and recognizances taken in and for a court
from which a case is transferred and all witnesses summoned to
appear in a court from which a case is transferred are required to
appear before the court to which a case is transferred as if
originally required to appear before the court to which the
transfer is made.
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, 2013.