ORDER N0. 15842
APPROVAL OF PROPOSED LEGISLATION FOR CREATION OF A COUNTY
COURT AT LALd FOR KERR COUNTY, TEXAS
On this the 17th day of December 1984, upon motion made
by Commissioner Higgins, seconded by Commissioner Guthrie,
the Court unanimously auproved proposed legislation for
creation of a County Court at Law for Kerr County, Texas,
to be submitted to the State Legislature for passage,

KERR COUNTY
Art. 1970- County Court at Law of Kerr County, Texas
Creation
Section 1. On the effective date of this Act, the County
Court at Law of Kerr County is created.
Jurisdiction
Section 2. (a) The County Court at Law of Kerr County has
jurisdiction over all causes and proceedings, civil, criminal,
juvenile, original and appellate, as is prescribed by the con-
stitution and general laws of the state for county courts, and
its jurisdiction is concurrent with the jurisdiction of the
County Court of Kerr County except as may be otherwise specified
in this Act. The county court at law does not have jurisdiction
over causes and proceedings concerning roads, bridges, and public
highways which are within the jurisdiction of the commissioners
court or County Court of Kerr County.
(b) The county court at law has the general jurisdiction of
a probate court within the limits of Kerr County, and its jur-
isdiction is concurrent with that of the County Court of Kerr
County in probate matters and proceedings.
(c) The County Court at Law has jurisdiction concurrent
with the district courts in Kerr County in eminent domain cases
and in civil cases when the matter in controversy exceeds $500.00
and does not exceed $50,000.00, exclusive of interest and
attorney's fees.
(d) In addition to the jurisdiction conferred on the. County
Court at Law of Kerr County by the other provisions of this Act,
the county court at law has concurrent jurisdiction with the
district courts in Kerr County in proceedings under Titles 1, 2,
and 4 of The Family Code. 1
(e) The county court of law, or its judge, has the power to
issue writs of injunctions, mandamus, sequestration, attachment,
garnishment, certiorari, supersedeas, and all writs necessary for
the enforcement of the jurisdiction of the court; and to issue

writs of habeas corpus in cases where the offense charged is
within the jurisdiction of the court, or of any other court in
the county of inferior jurisdiction. The court and the judge
also have the power to punish for contempt as prescribed by law
for county courts. The judge of the county court at law has all
other powers, duties, immunities and privileges provided by law
for county court judges. He is a magistrate and conservator of
the peace.
(f) The County Court of Kerr County shall retain exclusive
original jurisdiction of all matters arising under the Texas
Mental Health Code and statutory procedures for the commitment
and treatment of persons alleged to be alcoholics, drug-dependent
persons and/or mentally ill persons. "
(g) The county judge of Kerr County is the judge of the
County Court of Kerr County. All ex officio duties of the
county judge shall be exercised by the judge of the County Court
of Kerr County except insofar as the same are by this Act,
committed to the judge of the County Court of Law of Kerr County.
Jurors
Section 3. The laws that govern the drawing, selection,
service, and pay of jurors for county courts apply to the county
court at law. Jurors regularly summoned for a week by the
district courts may, on request of the judge of the county court
at law, be made available and serve for the week in the county
court at law.
Practice and Procedure
Section 4. Practice in the County Court at Law of Kerr
County shall conform to that prescribed by general law for county
courts, except that practice and procedure, rules of evidence,
issuance of process and writs, and all other matters pertaining
to the conduct of trials and hearings in the county court of law
involving those matters of concurrent jurisdiction enumerated in
Section 2(d) of this Act shall be governed by the provisions of
2

this Act and the laws and rules pertaining to district courts,
general and special, as well as county courts. If a -case
enumerated in Section 2(d) is tried before a jury, the jury shall
be composed of 12 members.
' Terms
Section 5. The terms of the County Court at Law of Kerr
County are the same as those for the County Court of Kerr County.
Judge
Section 6. (a) At the next general election after the
effective date. of this Act there shall be elected a Judge of the
County Court at Law of Kerr County.
(b) The Judge of the County Court at Law of Kerr County
must have been a duly licensed and practicing member of the State
y
Bar of Texas for not less than #ettr years, be well informed in
the laws of this state, and must have resided and been actively
engaged in the practice of law in Kerr County for a period of not
less than hws-~e~ars prior to his election or appointment. During
his term of office the judge shall not engage in the private
practice of law and shall reside in Kerr County during his term
of office.
(c) When this court is created the commissioners court
shall appoint the Judge of the County Court at Law of Kerr
County, who must have the same qualifications prescribed in
Subsection (b) of this section, and the appointee shall serve
until January 1st of the year following the next general election
and until his successor is duly elected and has qualified. At
the first general election following the creation of this court,
and every fourth year thereafter, there shall be elected by the
qualified voters of Kerr County, a judge of the county court at
law for a term of four years, beginning on January 1st of the
year following the general election, as provided in Article V,
Section 30, and Article XVI, Section 65, of the Texas Con-
stitution. A vacancy in the office of the judge of the county
court at law shall be .filled by appointment by the commissioners
3
court, and the appointee shall hold office until January 1st of
the year following the next general election and until. his
successor is duly elected and has qualified.
(d) The Judge of the County Court at Law of Kerr County
shall execute a bond and take the oath of office prescribed by
law for county judges. He may be removed from office in the same
manner and for the same causes as a county judge.
(e) The judge of the county court at law may receive an
annual salary to be determined by the commissioners court in an
g0
amount not less than ~) percent of the compensation paid the
district judges of Kerr County and which shall be paid in equal
monthly installments out of the county treasury of Kerr County on
orders from the commissioners court. Additionally, he shall be
entitled to reasonable traveling expenses and office expenses,
including administrative and clerical help. The judge of the
county court at law shall assess the same fees as are now pre-
scribed by law relating to the county judges fees, all of which
shall be collected by the clerk of the court, shall be paid into
the county treasury on collection, and no part of which shall be
paid to the judge.
(f) A special judge of the County Court at Law of Kerr
County may be appointed or elected as provided by law relating to
county courts. In the case of a disqualification of the judge of
the county court at law to try a case pending in this court, the
parties or their attorneys, may agree on the selection of a
special judge to try the case. A special judge, whether
appointed, elected, or selected by the parties, shall receive as
compensation for each day he actively serves, an amount equal to
1/250th of the annual salary of the judge of the county court at
law, to be paid out of the general fund of the county by the
commissioners court.
(g) The Judge of the County Court of Kerr County shall
retain the authority to appoint a retired judge as heretofore
authorized by Acts 1981, 67th Legislature, P. 148, Ch. 66
4

(Article 1933a Sec. 3 to 5, Vernons Civil Statutes) to sit as a
Special County Judge under the circumstances set forth in said
Act and in the same manner as was authorized prior to the
creation of the County Court at Law of Kerr County and as if the
county court at law had not been created.
Personnel
Section 7. (a) The county attorney of Kerr County shall
represent the state in the county court at law as provided by law
for prosecutions in county court and shall be entitled to the
fees prescribed by law for prosecutors in the county court.
(b) The sheriff of Kerr County shall in person or by deputy
attend ,the court when required by the judge thereof.
(c) The county cl ~ k~`o Kerr County shall be the clerk of
,s
the county court at lawn ~^~,p ]a-~ he dis r
court a
in e
(d) The judge of the county court at law shall appoint an
official shorthand reporter for the court, who shall have the
qualifications required by law, shall be a sworn officer of the
court, and shall hold the office at the pleasure of the court.
The reporter shall take the oath required of official court
reporters and shall receive a salary to be set by the judge of
b
the County court at law, which salary shall not be ~ than~8
4VGVO ~.
of the~/com~ensation paid the official shorthand reporters of the
District Courts of Kerr County. Such salary shall be paid out of
the county treasury, as other county officials are paid, in equal
monthly installments. All other provisions of the law relating
to official court reporters shall apply insofar as they are
applicable to the official shorthand reporter authorized in this
Act to be appointed and insofar as they are not inconsistant with
this Act.
5
fiu •Li4 ~/vl~" '.i~~lr
Transfer of Cases and Exchanges of Benches
Section 8. (a) As soon as practicable after this court is
created, the county clerk shall establish a separate docket for
the court created by this Act from among pending matters filed
originally in the County Court of Kerr County and shall transfer
those matters to the docket of the court created by this Act, and
the district clerk shall establish a separate docket for the
court created by this Act from among pending matters filed
originally in the district courts of Kerr County and which fall
within the jurisdictions of the county court at law and may
transfer a sufficient number of those matters to the docket of
the court created by this Act to equalize the dockets. Equal-
ization of case load shall be the primary objective in estab-
lishing the initial case docket for the county court at law.
(b) The judge of the county court and the judge of the
county court at law may transfer cases to and from the dockets of
their respective courts, in matters within their jurisdiction, in
order that the business may be equally distributed between them.
All cases of concurrent jurisdiction enumerated in Section 2(d)
of this Act may be instituted in or transferred between the
district courts of Kerr County and the County Court at Law of
Kerr County. However, no case may be transferred from one court
to another without the consent of the judge of the court to which
it is transferred, and no case may be transferred unless it is
within the jurisdiction of the court to which it is transferred.
(c) On the transfer of all cases specified in Subsection
(a) of this section to the county court at law, and in cases
transferred to any of the courts in Kerr County by order of the
judge of another court, all processes, writs, bonds, recog-
nizances, or other obligations issued or made in the cases shall
be returned to and filed in the court to which the transfer is
made. All bonds executed and recognizances entered into in those
cases shall bind the parties for their appearance or to fulfill
6
RETR44;JJB G/WY
the obligations of the bonds or recognizances at the terms of the
court to which the cases are transferred as are fixed by -law.
All processes issued or returned before transfer of the cases as
well as all bonds and recognizances taken before in the case
shall be valid and binding as though originally issued out of the
court to which the transfer is made.
(d) The county judge and the judge of the county court at
law may freely exchange benches and courtrooms with each other in
matters within their jurisdiction so that if one is ill, dis-
qualified, or otherwise absent, the other may hold court for him
without the necessity of transferring the case involved. Either
judge may hear all or any part of a case pending in the county
court or county court at law, but only in matters within their
jurisdiction, and may rule and enter orders on and continue,
determine, or render judgment on all or any part of the case
without the necessity of transferring it to his own docket. Each
judgment and order shall be entered in the minutes of the court
in which the case is pending. The provisions for the exchange of
benches by and between the judges are cumulative of and in
addition to the provisions in this Act for the selection and
appointment of a special judge of the county court at law.
Seal and Courtroom
Section 9. The seal of the court shall be the same as that
provided by law for county courts, except the seal shall contain
the words "County Court at Law of Kerr County". The
commissioners court of Kerr County shall furnish and equip a
suitable courtoom and office space for the court created by this
Act.
Effective Date
Section 10. The County Court at Law of Kerr County is
created on October 1, 1985, or on a date determined by the
commissioners court by an order entered in its minutes,
whichever is earlier.
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RETR44/JOB G/WP
1 Title 1; V.T.C.A. Family Code §1.01 et seq.
Title 2: V.T.C.A. Family Code §11.01 et seq.
Title 4: V.T.C.A. Family Code §71.01 et seq.