ORDER NO. 20839
APPROVAL OF ADOPTIOPd OF RESOLUTION
OF HOUSE BILL 66
On this the 23rd day of March 1992, upon motion made by Commissioner
Holekamp, seconded by Commissioner Morgan, the Court UNANII•iOUSLY
APPROVED BY A VOTE OF 4-0-0, to approve the additional fee of $10.00
on criminal cases and $20.00 on civil cases as per resolution and
to forward said resolution to the Comptroller's Office, subject to
Exhibit A attached hereto.
COMMISSIONERS' COURfi AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: sn>;NCER ~a. s>zor~ca
MEETING DATE: 3/23/92
OFFICE: COUTdT" COURT AT LAW
TIME PREFERRED: 10:00 Al`1
SUBJECT: (PLEASE BE SPECIFIC) Consider nassincl resolution
adopting House Bill 66
EXECUTIVE SESSION REQUESTED: YES NO
PLEASE STATE REASON FOR EXECUTIVE SESSION
X
ESTIMATED LENGTH OF PRESENTATION:
30 minutes
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT
Spencer t7. Brown
Time for submitting this request for Court to assure that the matter is posted 1n accordance
with Article 6252-17 is as follows:
* Meetings held on second Monday: 12:00 P.M. previous Wednesday
~ Meetings held on Thursdays: 5:00 P.M. previous Thursday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON : ~
A11 Agenda Requests will be screened by the County Judge's Office to determine if
adequate information has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation w111 be appreciated and contribute towards
your request being addressed at the earnest opportunity. See Agenda Request
Guidelines.
jt OF
yr` a
x
7
Y
DAVID L. HODGES
JUDGE
COUNTY COURT AT LpvJ
SECOND FLOOR
McIENNAN COUNTY COURTHOUSE
501 WASHINGTON AVENUE
WACO, TEXAS 76701
June 19, 1991
TO ALL COUNTY COURT AT LAW JUDGES:
PHONEI817) 7575030
FLOYCE MILLEp
OFFICIAL CUURT REPORTER
SUSY PO W ELL
COURT AO MIN ISTRATOR
CIN DY NANDOLPH
ASSISTANT COURT ADMINISTRATOR
I have enclosed a copy of HB66. I know many of you may have
received a copy of the bill, but I want to make sure you have a
copy of the bill as finally passed. The bill became law June 17th.
The effective date of the bill is October 1, 1991. That is when
the additional jurisdiction will go into effect.
Those of you who are affected by the salary provision should
note that the increased court costs and salary supplements will not
go into effect until next year. The reason for that is that our
bill sponsors did not sit down with the legislative counsel and the
Comptroller's Office to map out the mechanics of collecting the
court costs and rebating those back to the counties until the last
week of the Legislative session. It became apparent at that time
that because of certain time limitations (Comptroller's Office had
to have 30 days to certify participating counties, Treasurer's
Office had to have 30 days after that to send checks to the
counties, etc.) that Commissioners Courts would have to opt into
the court costs provision by June the 1st of any calendar year, and
there was no time to complete that process for this calendar year.
The way that process works is that each of you will need to
see that your Commissioners Court adopts a resolution opting into
the court costs under Section 51.702 not later than June 1st of
next year. That resolution can be adopted any time prior to that
time. Once that resolution is adopted, the court costs will then
be collected starting July 1st, and the salary supplements will be
paid to the counties beginning September 1st.
Each county that opts into the court cost provision will
receive a $25,000 supplement from the State for each court, $20,000
of which will have to be used to supplement the judges' salary, if
that salary is not already equal to $1000 less than the District
Judge. In addition to the $25,000 supplement from the State, the
State will also remit any excess contributions back to the counties
on a proportional basis, and based on 1990 figures, those excess
contributions would approximate one and a half million dollars. Of
course, with increased jurisdiction, we anticipate that those
excess contributions should greatly exceed that amount and will be
coming back to your county in proportion to the amount that your
county contributes.
PROCEDURE
1.) The Commissioners Court has to adopt a resolution
opting to collect an additional $10 on criminal cases and an
additional $20 on civil cases pursuant to Section 51.702 of
Vernon's Texas Civil Statutes no later than June 1, 1992.
2.) Once the resolution is adopted, the court cost will
then be collected starting July 1, 1992. The salary supplements
will be paid to the counties beginning September 1, 1992.
3.) In addition to the $25,000 supplement from the State,
the State will also remit any excess contributions back to the
counties on a proportional basis. Based on 1990 figures, those
excess contributions would approximate $1.5 million.
4.)
remitted
purposes
$25,000
judicial
budget).
The House Bill 66
back to the county
for the support of
iot used for salary
purposes (other it
further states that all amounts
can be used only for court-related
the judiciary. The remainder of the
increase will have to be used for
:ms in the county court at law
The bill increases the county court at law's jurisdiction
to $100,000 in worker's compensation and civil cases, and adds
worker's compensation jurisdiction regardless of the amount.
Attached is a copy of the resolution which needs to be
adopted by the Commissioners Court along with a letter from
David L. Hodges, County Court at Law judge of Waco, Texas.
I've also enclosed a copy of the pertinent parts of House
Bill 66 which would affect Kerr County. I've also enclosed a
page out of the Texas Judicial Report which has a brief
commentary on this bill.
The bill further states that all amounts remitted back to the
county can be used only nor court-related purposes for the support
of the judiciary, and 25.005 (e)(5) states that the county will
have to use at least fifty percent of that excess as a salary
supplement to the judge if his salary is not equal to $1000 less
than the District Judge.
As I previously stated, the remainder will have to be used for
judicial purposes (other items in your budget.) Therefore, it will
obviously be to the advantage of all of you, even those that are
currently being paid the maximum salary, to educate your
commissioners about the bill and have them opt into the court cost
provisions.
The bill sets uniform jurisdiction of $100,000 civil and
worker's comp, regardless of amount, and further states that
regarding jury practice, you can decide on a local basis whether
you want to use a six or twelve-person jury (Section 25.007).
If your Commissioners Court does not opt into the court cost
provision, and if you do not have a local statute that sets your
salary, then the Commissions Court will set the salary as they
always have.
„I am sure that you are aware that some of these provisions
were not in the bill as it was originally filed, and are not
provisions that we asked to be included. However, during the last
three weeks of the Session, the sponsors compromised on several of
the salary aspects in order to get the bill passed. Those
compromises involve allowing commissioners courts to opt into the
court cost provision and allowing commissioners courts to only have
to pay an additional $20,000 if your salary plus the $20,000 does
not equal the figure of $1000 less than the District Judge.
The bill also creates a mechanism for establishing a multi-
county statutory court and creates uniform requirements for running
for office.
Although I have no more expertise in reading these provisions
than you do, and did not have a hand in drafting many of the
compromises, I will be glad to try to answer any questions you have
about the bill.
We will attempt to arrange an in-depth discussion of the bill,
especially its financial ramifications at the Judicial Section
meeting in Galveston in September, and hope that you can attend
that meeting. We will have updated financial figures at that time
and form resolutions for you to take back to your commissioners
courts.
trul y u
AN ACT
relating to the creation, jurisdiction, and administration of
certain county and statutory county courts, to the creation of
multicounty statutory county courts, and to the qualifications
of office for and compensation of judges of certain courts and
certain county attorneys.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.009(2), Government Code, is amended
to read as follows:
(2) "Statutory county court" means a county court
created by the legislation under Article V, Section 1, of the
Texas Constitution, including county courts at law, county
criminal courts, county criminal courts of appeals, and county
civil courts at law, but does not include statutory Qrobate
courts as defined ~ Section ~ Texas Probate Code, other than a
county court at law and probate court in Brazoria County.
SECTION 2. Section 25.0003(c), Government Code, is amended
to read as follows:
(c) In addition to other jurisdiction provided ~ law, a
statutory county court exercising civil jurisdiction concurrent
with the constitutional jurisdiction of the county court has
concurrent jurisdiction with the district court in:
(1) civil cases in which the matter in controversy
exceeds $500 but does not exceed X100,000, excluding interest,
statutory or punitive damages and penalties, and attorney's fees
and costs, as alleged on the fact of the petition; and
u appeals of final rulings and decisions of the
Texas Workers' Compensation Commission, regardless of the amount
in controversy.
SECTION 3. Section 25.0003, Government Code, is amended by
adding Subsections (d) and (e) to read as follows:
!~ Except as provided ~ Subsection fe), a statutory
county court has, concurrent with the county court, the probate
jurisdiction provided ~ general law for county courts.
u In a county that has a statutory probate court, a
statutory probate court is the only county court created
statute with probate jurisdiction.
SECTION 4. Section 25.0005, Government Code, is amended to
read as follows:
Sec. 25.0005. JUDGE'S SALARY. (a) A statutory county
court judge, other than a statutory county court 'judge who
engages in the private practice of law or a 'u~ dge in whose court
fees and costs under Section 51.702 are not collected, shall be
paid a total annual salary set ~ the commissioners court at an
amount that is at least equal to the amount that is 1 000 less
than the total annual salary received ~ a district 'u~ dqe in the
county. A district judge's or statutory county court fudge's
total annual salary includes contributions and supplements, paid
by the state or a county, other than contributions received as
compensation under Section 74.051.
(b) Subject to any salary requirements otherwise imposed
by this chapter for a particular court or county, the
commissioners court sets the salary of each statutory county
court judge who engages in the private practice of law or in
whose court fees and costs under Section 51.702 are not
collected.
(c) The salary shall be paid in equal monthly
installments.
u Notwithstanding Section 25.0001(a), this section
prevails over any other law that limits a particular statutory
county court judge to an annual salary of less than the amount
provided ~ Subsection !a), but does not affect a salary minimum
set by other law that exceeds the amount provided by Subsection
Sa).
u A county is not required to meet the salary
requirements of Subsection 1.a1 for a particular court if:
u not later than September 1 of the year in which
the county initially begins collecting fees and costs under
Section 51.702, the county increases the salary of each
statutory county court fudge in the county to an amount that is
at least 20 000 more than the salary the judge was entitled to
on May 1 of that ey ar;
L1 the county maintains the salary at the minimum
required by Subdivision !1);
~, the county collects the fees and costs as
provided ~ Section 51.702;
u the court has at least the jurisdiction provided
by Section 25.003; and
_L51 except as provided ~ Subsection !f), the county
uses at least 50 percent of the amount the county receives each
state fiscal year under Section 25.0016 for salaries for the
statutory county court 'lodges.
jfZ Subsection !e)(5) does not require a county to paw
salary that exceeds the minimum salary under Subsection (a).
S_g)_ An exemption under Subsection ~ is not an exclusion
for purposes of Section 25.0015 (a)(3).
SECTION 33. Section 25.0352(b), Government Code, is
amended to read as follows:
(b) In addition to the jurisdiction provided by Section
25.0003 and other law, a county court at law in Kerr County has
concurrent jurisdiction with the district court in proceedings
under Titles 1~ 21 and 4~ Family Code.
SECTION 67. Subchapter H, Chapter 51, Government Code, is
amended by adding Section 51.702 to read as follows:
Sec. 51.702. ADDITIONAL FEES AND COSTS IN CERTAIN COUNTY
COURTS. u In addition to all other fees authorized or
required ~ other law, the clerk of a statutory county court
shall collect a 20 filing fee in each civil case filed in the
court to be used for court-related purposes for the su Dort of
the iudiciary_
1~ In addition to other court costs, a person shall ,Pay
10 as a court cost on conviction of any criminal offense in a
statutory county court, including cases in which probation or
deferred adjudication is granted. A conviction that arises
under Chapter 173, Acts of the 47th Legislature, Regular
Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes), or
a conviction under the Uniform Act Regulating Traffic on
Highways (Article 6701d, Vernon's Texas Civil Statutes) is
included, except that a conviction arising under any law that
regulates pedestrians or the parking of motor vehicles is not
included.
u Court costs and fees due under this section shall be
collected in the same manner as other fees, fines, or costs are
collected in the case.
Ld2. The clerk shall send the fees and costs collected
under this section to the comptroller at least as frequently as
monthly. The comptroller shall deposit the fees in the judicial
fund.
.(~L Sections 51.320 and 51.321 apply to a fee or cost
collect under this section.
lfZ This section applies only to fees and costs for a
12-month period beginning Ju1v 1 in a county in which the
commissioners court:
_(1.1 adopts a resolution authorizing the fees and
costs under this section for the 12-month period; and
.L1 files the resolution with the comptroller not
later than June 1 immediately preceding the 12-month period
during which the fees and costs are to be collected.
District Courts -cont.
Terms of Court of the District Courts in
Williamson County
Amendments to several sections of Ch. 24,
Government Code, specify the terms of court of the
26th and 368th District Courts in Williamson
County.
H. B. 2819 -Effective 6-15-91
Terms of Court of the 83rd District Court in
Brewster County
Amendment to Sec. 24.185(c), Government Code,
changes the term of the 83rd District Court in
Brewster County from the sixth Monday after the
first Mondays in January and July to the fourth
and eleventh Mondays after the first Monday
respectively.
H. B. 2719 -Effective 9-1-91
COUNTY COURTS AT LAW
Statutory County Court Jurisdiction; New Courts
in Erath, Hopkins, & Johnsoa
Amendments to Ch. 25, Government Code, provide
uniform jurisdiction for county courts at law
(maximum civil jurisdiction of $100,000, workers
compensation appeals, and probate) and uniform
qualifications for the judges of those courts, and
authorizes a county with a county court at law to
collect an additional $20 filing fee on civil cases
and a $10 court cost on criminal cases in the
statutory county courts, which are to be remitted
to the State Comptroller. If a county chooses to
collect the fees, the State compensates each county
in the amount of $25,000 for each statutory county
judge, and the county is required to pay the
statutory county judge a salary that is at least
equal to $1,000 less than the total annual sa]ary
received by a district judge in the county. The Act
also creates new county courts at law in Erath,
Hopkins, and Johnson counties, amends the
specific additional jurisdiction of several existing
courts, and authorizes the creation of multi-county
statutory county courts.
H. B. 66 -Effective 10-1-91
Powers and Compensation of Statutory Probate
Court Judges
Amendment to Sec. 21.009, Government Code,
deletes statutory probate court from the definition
of statutory county courts. New Secs. 25.0026-
25.0032 authorize statutory probate judges to issue
writs and punish for contempt, make provisions for
jury practice in the statutory probate courts, and
require the salary of a statutory probate judge in
counties with a population of less than 300,000 to be at
least equal to the salary of the highest-paid statutory
county court judge in the county.
S. B. 542 -Effective 8-26-91
Statutory County Court Judges Authorized to Sit
as Special Judges
Aamendment to Sec. 161.003, Civ. Prac. and Rem.
Code (Trial by Agreement) authorizes a statutory
couny judge to sit as a special judge.
Ch. 33 (S. B. 206) -Effective 4-19-91
New County Court at Law No. 2 in Angelina
County; Increased Jurisdiction
Amendments to Sec. 25.0051, Government Code,
create the County Court at Law No. 2 of Angelina
County, effective January 1, 1993, and increase the
jurisdiction of Court No. 1 to include civil cases up
to $50,000 (previously $20,000) and family law
cases.
S. B. 1428 -Effective 8-26-91
New County Court at Law in Hopkins County
New Secs. 25.1141 and 25.1142, Government Code,
create the County Court at Law of Hopkins
County, effective January 1, 1992, with
jurisdiction of civil cases up to $100,000,
concurrent jurisdiction with the county court in
probate matters, and with justice of the peace
courts in criminal matters.
H. B. 2786 -Effective 9-1-91
New County Court at Law No. 2 in Johnson
County
Amendment to Sec. 25.1281, Government Code,
creates the County Court at Law No. 2 of Johnson
County, effective January 1, 1993.
H. B. 2787 -Effective 8-26-91
Creation of County Court at Law No. 2 of Webb
County
Amendment to Sec. 25.2421, Government Code,
creates the County Court at Law No. 2 of Webb
County, effective January 1, 1993, with the judge
initially elected for atwo-year term in the 1992
elections.
S. B. 170 -Effective 3-26-91
2
" EXHIBIT A "
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~O V Y V ~ 1..1 ~JO ~J 1..1 ~] LJ ~~ LJ~~
Spencer W. Brown
Judge
OF KERB COUNTY, TEXAS
~st2~ 7s2-a777
Kerr County Courthouse
Kerrville, Texas 78028
March 23, 1992
Commissioners Court
Kerr County, Texas
Re: Request for House Bill 66
In response to an inquiry by the Commissioners Court
concerning any excess moneys that would come in under House Bill
66 to the county to be used for court purposes, I have the
following statement to make:
Under no circumstances by adopting House Bill 66 in Kerr
County does it construe or is it construed to be tied to other
salaries, court reporter, court coordinator, clerks, or tied in
any form or fashion to the district judges' salaries or
personnel, including their court reporter and coordinator.
It is clearly the intention of the County Court at Law that
any excess moneys, i.e., approximately $6,000, that comes in to
the county would be used for court purposes but would be subject
to going through the budget process, and with the ultimate
approval or disapproval being in the hands of the Commissioners
Court as to what the money will be applied for.
S' cerely,
GJ A~~~w~
Spencer W. Brown
NEEDS OF HOUSE BILL 66
Laet year, 1991, we would have had $12,910 in criminal
cases, $7,180 in civil cases for a total of $20,090.
WHAT DO WE NEED IT FOR: ($6,000)
1. New computer system for county attorney, which would tie
into the county court at law system.
Extra help for county attorney.
-- $2,500.
2. Court appointed attorneys last year $3,285 in excess of
budget.
This year at this time: $6,005.00 $3,285.00
Last year at this time: - 4.787.73 - 1,217.27
$1,217.27 $4,502.27
3. Addition office supplies for court reporter. She is doing
transcripts for county at no charge.
4. Supplement salaries:
Judge
Court Coordinator
Court Reporter
5. Last year we were in excess $512.214 for bailiffs.
6. We will need more money in interpreter budget, 1991-92, as
we have two jury trials pending where an interpreter will
be needed. No longer have the use of county clerk
personnel to interpret on court days. (Budget $180)
7. We get the $25,000 even if we only collect $15,000 or
$10,000, etc.
B. At the end of the year, all the overage will be probated
back to the counties on a pro rata basis.
PROJECTED INCREASE ZN 1991-92 BUDGET:
Court appointed attorney fees:
Office supplies:
Bailiffs:
Interpreters:
$4,000
500
700
1,000
TOTAL: $6,200
HOUSE SILL 66
House Bill 66 is a statute enacted by the legislature and
approved by the senate which provides state assistance for
increases in county court at law judges' salaries up to $1,000
less than the district judges' salary.
Prior to House Bill 66 being enacted, there were 106 county
court at law judges out of 166 who were receiving $1,000 less
than the district judges in Texas. The purpose of House Bill 66
was to bring the other 60 judges up to the same level as the
other county court at law judges in the state.
The bill provides that the State of Texas will send the
county $25,000 paid out over 12 months. The county court at law
judge would receive $1,000 less than the district judges, and
any excess money, once that salary is reached, would go to the
county to be used for judicial purposes. In Kerr County's
situation, the figure would be about 6 000 a year.
In order to qualify for the $25,000, the county
commissioners must pass a resolution adopting House Bill 66 and
agreeing to charge an additional $10 fee on criminal cases and
an additional $20 fee on civil cases. Based on 1991 figures,
this would amount to 12 910 for criminal cases, and 7 180 for
civil cases for Kerr County, for a total of 20 090. This extra
money would go back to the State, and if there were any moneys
in excess of $25,000 that went back to the State, the county
would be reimbursed for it on a pro rata basis. The $25,000,
therefore, is just an absolute gift from the State.
The purpose of leaving the local option to the county
commissioners to accept or reject the House Bill 66 on a yearly
basis was to protect the commissioners against having to pay an
unqualified, incompetent county court at law judge the high
salary if he didn't deserve it. By the same token, allowing the
county commissioners to raise the salaries of the county court
at law judges up to $1,000 less than a district judge will
insure that top quality attorneys apply for the job and work
hard to maintain a high degree of professionalism in order to
keep that job. The high salary would create more competition
among the lawyers to apply for and retain the job.
The money that the county receives in excess of the raise
which would go to the county court at law judge could be used
for "court purposes."
It should be pointed out that House Bill 66 has been
endorsed by the Texas Association of Counties and is a local
option that can be accepted or rejected on a yearly basis by the
commissioners.
PROCEDURE
1.) The Commissioners Court has to adopt a resolution
opting to collect an additional $10 on criminal cases and an
additional $20 on civil cases pursuant to Section 51.702 of
Vernon's Texas Civil Statutes no later than June 1, 1992.
2.) Once the resolution is adopted, the court cost will
then be collected starting July 1, 1992. The salary supplements
will be paid to the counties beginning September 1, 1992.
3.) In addition to the $25,000 supplement from the State,
the State will also remit any excess contributions back to the
counties on a proportional basis. Based on 1990 figures, those
excess contributions would approximate $1.5 million.
4.)
remitted
purposes
$25,000
judicial
budget).
The House Bill 66
back to the county
for the support of
zot used for salary
purposes (other it
further states that all amounts
can be used only for court-related
the judiciary. The remainder of the
increase will have to be used for
ems in the county court at law
The bill increases the county court at law's jurisdiction
to $100,000 in worker's compensation and civil cases, and adds
worker's compensation jurisdiction regardless of the amount.
Attached is a copy of the resolution which needs to be
adopted by the Commissioners Court along with a letter from
David L. Hodges, County Court at Law judge of Waco, Texas.
I've also enclosed a copy of the pertinent parts of House
Bill 66 which would affect Kerr County. I've also enclosed a
page out of the Texas Judicial Report which has a brief
commentary on this bill.
RESOLUTION
On the 23r day of Niarch , 1992, the Commissioners
Court of Kerr County, Texas duly convened, adopts the following
resolution:
whereas the Legislature of the State of Texas has amended
Subchapter A, Chapter 51, Government Code by adding Section
51.702 thereto: and
Whereas such law provides for the adoption and filing of a
resolution not later than August 1st of each year authorizing
certain fees and costs;
Now therefore pursuant to said law, be it Resolved and
Ordered by the Commissioners Court of Kerr County, Texas that
the following fees and costs are hereby authorized and this
resolution be filed with the State Comptroller before June 1,
1992;
1. In addition to all other fees authorized or required
by other law, the clerk of a statutory county court shall
collect a $20 filing fee in each civil case filed in the court
to be used for court-related purposes for the support of the
judiciary.
2. In addition to other court costs, a person shall pay
$10 as a court cost on conviction of any criminal offense in a
statutory county court, including cases in which probation or
deferred adjudication is granted. A conviction that arises
under Chapter 173, Acts of the 47th Legislature, Regular
Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes), or
a conviction under the Uniform Act Regulating Traffic on
Highways (Article 6701d, Vernon's Texas Civil Statutes) is
included, except that a conviction arising under any law that
regulates pedestrians or the parking of motor vehicles is not
included.
Signed this the 23rd day of Nfart~h , 1992.

~~L?7/ L~ COUNTY JUDGE
COUNTY COMMISSI ER~ CT. 1
COUNTY COMMISSIONE ,
OUNTY O ISS O , P T. 2 COUNTY CO^M~Y SSIONER, PCT. 4
CLERKS CERTIFICATE
The undersigned hereby certifies that the above Resolution
was duly adopted by the Kerr County Commissioners Court on the
date therein stated.
PA CIA DYE,' Co ty Clerk
By • -' deputy
COUNTY CLERK
KERR COUNTY, TEXAS
Esther R. Garza