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A BILL TO BE ENTITLED
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AN ACT
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relating to the County Court at Law of Reeves County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.1972, Government Code, is amended by |
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amending Subsections (a), (e), (g), and (i) and adding Subsections |
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(b), (c), (f), and (h) to read as follows: |
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(a) In addition to the jurisdiction provided by Section |
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25.0003 and other law, and except as limited by Subsection (c), a |
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county court at law in Reeves County has: |
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(1) the jurisdiction provided by the constitution and |
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by general law for district courts, including concurrent |
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jurisdiction with the district court: |
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(A) in disputes ancillary to probate, eminent |
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domain, condemnation, or landlord and tenant matters relating to |
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the adjudication and determination of land titles and trusts, |
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whether testamentary, inter vivos, constructive, resulting, or any |
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other class or type of trust, regardless of the amount in |
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controversy or the remedy sought; |
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(B) over civil forfeitures, including surety |
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bond forfeitures without minimum or maximum limitation as to the |
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amount in controversy or remedy sought; |
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(C) in all actions by or against a personal |
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representative, in all actions involving an inter vivos trust, in |
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all actions involving a charitable trust, and in all actions |
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involving a testamentary trust, whether the matter is appertaining |
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to or incident to an estate; |
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(D) in proceedings under Title 3, Family Code; |
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and |
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(E) in any proceeding involving an order relating |
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to a child in the possession or custody of the Department of Family |
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and Protective Services or for whom the court has appointed a |
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temporary or permanent managing conservator; |
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(2) jurisdiction in mental health matters, original or |
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appellate, provided by law for constitutional county courts, |
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statutory county courts, or district courts with mental health |
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jurisdiction, including proceedings under: |
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(A) Chapter 462, Health and Safety Code; and |
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(B) Subtitles C and D, Title 7, Health and Safety |
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Code; |
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(3) jurisdiction over the collection and management of |
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estates of minors, persons with a mental illness or intellectual |
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disability, and deceased persons; and |
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(4) jurisdiction in all cases assigned, transferred, |
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or heard under Sections 74.054, 74.059, and 74.094. |
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(b) A county court at law has original concurrent |
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jurisdiction with the justice courts in all civil and criminal |
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matters prescribed by law for justice courts. Appeals from justice |
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courts and other courts of inferior jurisdiction in Reeves County |
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must be made directly to a county court at law. |
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(c) A county court at law does not have jurisdiction of: |
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(1) felony cases, except as otherwise provided by law; |
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(2) misdemeanors involving official misconduct unless |
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assigned under Sections 74.054 and 74.059; |
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(3) contested elections; or |
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(4) except as provided by Subsections (a)(1)(D) and |
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(E), family law cases [and proceedings]. |
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(e) A [The] judge of a county court at law in Reeves County |
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shall be paid an annual salary equal to the amount that is $1,000 |
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less than [that does not exceed 90 percent of] the [total] salary |
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paid by the state to a district judge in the county. The salary |
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shall be paid in the same manner and from the same fund as |
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prescribed by law for the county judge [out of the county treasury
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on order of the commissioners court. The judge is entitled to
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travel expenses and necessary office expenses, including
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administrative and clerical assistance]. |
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(f) A county court at law may not issue writs of habeas |
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corpus in felony cases. |
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(g) The district clerk serves as clerk of a county court at |
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law in the [family law] cases described by Subsection (a). The |
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district clerk shall establish a separate docket for each county |
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court at law. In matters of concurrent jurisdiction with the |
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district court, the district clerk shall charge the same fees as are |
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allowed in district court cases, except that in cases described by |
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Subsections (a)(1)(A) and (2) and in misdemeanor cases other than |
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those involving official misconduct, the clerk may not charge |
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higher fees than the fees charged by county clerks for similar cases |
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[and proceedings, and the county clerk serves as clerk of the court
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in all other matters]. |
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(h) If a jury trial is requested in a case that is in a |
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county court at law's jurisdiction, the jury shall be composed of 6 |
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members unless the constitution requires a 12-member jury. Failure |
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to object before a 6-member jury is seated and sworn constitutes a |
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waiver of a 12-member jury. |
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(i) If any cause or proceeding is lodged with the district |
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clerk and the district clerk files, dockets, or assigns the cause or |
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proceeding in or to a county court at law that does not have subject |
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matter jurisdiction over the cause or proceeding, the filing, |
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docketing, or assignment of the cause or proceeding in or to a |
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county court at law is considered a clerical error. That clerical |
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error must be corrected by a judgment or order nunc pro tunc. The |
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cause or proceeding is considered filed, docketed, or assigned to |
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the district court of the local administrative judge in the first |
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instance rather than to the county court at law. The judge of a |
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county court at law who acts in the cause or proceeding is |
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considered assigned to the district court of the local |
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administrative judge for that purpose and has all the powers of the |
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judge of that district court under the assignment [Practice in a
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county court at law is that prescribed by law for county courts,
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except that practice and procedure, rules of evidence, issuance of
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process and writs, and all other matters pertaining to the conduct
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of trials and hearings involving family law cases and proceedings
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are governed by this section and the laws and rules pertaining to
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district courts. If a family law case is tried before a jury, the
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jury shall be composed of 12 members]. |
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SECTION 2. Section 25.1972(k), Government Code, is |
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repealed. |
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SECTION 3. This Act takes effect September 1, 2019. |