83R8882 CAE-D
By: Hinojosa S.B. No. 1888
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a county court at law in Jim Wells
County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 25, Government Code, is
amended by adding Sections 25.1271 and 25.1272 to read as follows:
Sec. 25.1271. JIM WELLS COUNTY. Jim Wells County has one
statutory county court, the County Court at Law of Jim Wells County.
Sec. 25.1272. JIM WELLS COUNTY COURT AT LAW PROVISIONS. (a)
In addition to the jurisdiction provided by Section 25.0003 and
other law, a county court at law in Jim Wells County has the
jurisdiction provided by this section.
(b) A county court at law in Jim Wells County has concurrent
jurisdiction with the district court in:
(1) civil cases in which the matter in controversy
exceeds $500 but does not exceed $250,000, excluding interest;
(2) family law cases and proceedings;
(3) Class A and Class B misdemeanors;
(4) juvenile cases; and
(5) appeals from justice and municipal courts.
(c) A county court at law does not have jurisdiction of:
(1) suits on behalf of this state to recover penalties
or escheated property;
(2) felony cases;
(3) misdemeanors involving official misconduct; or
(4) contested elections.
(d) The judge of a county court at law must have the same
qualifications as those required by law for a district judge.
(e) The judge of a county court at law shall be paid a total
annual salary set by the commissioners court at an amount that is
not less than $1,000 less than the total annual salary received by a
district judge in the county. A district judge's or statutory
county court judge's total annual salary does not include
contributions and supplements paid by a county.
(f) The district clerk serves as clerk of a county court at
law in matters of concurrent jurisdiction with the district court,
and the county clerk shall serve as clerk of a county court at law in
all other matters. Each clerk shall establish a separate docket for
a county court at law.
(g) Jurors summoned for a county court at law or a district
court in the county may by order of the judge of the court to which
they are summoned be transferred to another court for service and
may be used as if summoned for the court to which they are
transferred.
(h) If a jury trial is requested in a case that is in a
county court at law's jurisdiction, the jury shall be composed of
six members unless the constitution requires a 12-member jury.
Failure to object before a six-member jury is seated and sworn
constitutes a waiver of a 12-member jury.
(i) A judge of a county court at law may provide that any
criminal proceeding in the county court at law be recorded by a good
quality electronic recording device instead of by a court reporter,
unless the defendant requests that a court reporter be present upon
written motion filed with the court not later than 10 days before
trial. If a recording device is used, the court reporter need not
be present at the proceeding to certify the statement of facts.
SECTION 2. Notwithstanding Section 25.0009, Government
Code, the initial vacancy in the office of judge of the County Court
at Law of Jim Wells County shall be filled by election. The office
exists for purposes of the primary and general elections in 2014. A
vacancy after the initial vacancy is filled as provided by Section
25.0009, Government Code.
SECTION 3. The County Court at Law of Jim Wells County is
created on January 1, 2015.
SECTION 4. This Act takes effect September 1, 2013.