H.B. No. 4833

 

                                           AN ACT

 

relating to the creation of district courts and statutory county

courts and to the composition of juvenile boards in certain

counties.

 

    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 15.(a) Effective January 1, 2011, Subchapter C, Chapter

25, Government Code, is amended by adding Section 25.2362 to

read as follows:

    Sec 25.2362. VAN ZANDT COUNTY COURT AT LAW PROVISIONS.

(a) In addition to the jurisdiction provided by Section 25.0003

and other law, and except as limited by subsection (b), a county

court at law in Van Zandt County has concurrent jurisdiction

with the district court in:

        (1)  felony cases to:

                 (A)  conduct arraignments;

                 (B)  conduct pretrial hearings;

                 (C)  accept guilty pleas; and

                 (D)  conduct jury trials on assignment of a

district judge presiding in Van Zandt County and acceptance of

the assignment by the judge of the county court at law;

        (2)  Class A and Class B misdemeanor cases;

        (3)  family law matters;

        (4)  juvenile matters;

        (5)  probate matters; and

        (6)  appeals from the justice and municipal courts.

    (b)  A county court at law’s civil jurisdiction concurrent

with the district court in civil cases is limited to cases in

which the matter in controversy does not exceed $200,000.  A

county court at law does not have general supervisory control or

appellate review of the commissioners court or jurisdiction of:

        (1)  suits on behalf of this state to recover penalties

 or escheated property;

        (2)  felony cases involving capital murder;

        (3)  misdemeanors involving official misconduct; or

        (4)  contested elections.

    (c)  The judge of a county court at law must have the same

qualifications as those required by law for a district judge.

    (d)  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 that $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.

    (e)  The judge of a county court at law may not engage in

the private practice of law.

    (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)  The official court reporter of a county court at law is

entitled to receive a salary set by the judge of the county

court at law with the approval of the commissioners court.

    (h)  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.

    (b)  Effective January 1, 2011, Section 152.2401(a), Human

Resources Code, is amended to read as follows;

    (a)  The Van Zandt County Juvenile Board is composed of the

county judge , the criminal district attorney of Van Zandt

County, the judge of the 294th Judicial District, and the judge

of the county court at law.

    (c)  Notwithstanding Section 25.0009, Government Code, the

initial vacancy in the office of judge of the County Court at

Law of Van Zandt County shall be filled by election.  The office

exists for purposes of the primary and general elections in

2010.   A vacancy after the initial vacancy is filled as

provided by section 25.0009, Government Code.  This subsection

takes effect September 1, 2009.

    (d) Except as otherwise provided by this section, this

section takes effect January 1, 2011.