F1PF'ROVHL_ 70 H~CE=F'f kE~UL_UfIUN H(aSEli CiN ft N1Lt_
`CU HE ENT i TL.E D RN 4aC'f hELtaT I NG TC] TI-II
.TUF?ISD:[CHtTiC'ihl l7I- "(HE C.Cll1N7Y GC]URT H"I L_fiW
OF" N,ERR t_:C]UN7"Y, TFXr15 RMD RLLRTEI) MfaT"I"ERS
i7n this the lr+tl-i day of '.3eptember 1.9~3E1, +.iporr motion made by
J+_idge Stacy, seconded by t:ommi =.sion er QeF~+:L er~, t:he Co+.t r~t
unanimously approved by a vote 4-1-0, with Commissioner
Holekamp voting no to accept resolutiGn based on a Hill to
t,e Entitled an iict relating to the ,7+_iri.sdi.ction of tl-+e GG+.inty
Go+_~rt at L_aw Gf ker-~r C:G~_inty, T~exa=, and related matters
with F.XC`BptaGrl of C n~ D.
(c.) TFie J+_idge of a C:o+_inty (:G+.u^t st L.aw sl-+all be paid an
~mnual salary that is at least ey+.tal to HE; percent GF
the ann+aal salary Gf a district i+_icige in the cG+.tnty.
td. i The co+.tr t reporter Gf a cG+_inty co+_mt at law shall tae
paid an ann+.i.il s~:,lary at 7.ca=_t: Fq+.ial to t3~ pe~~^cent
of the annual salary o't''the di.stri.ct court reporter i.n
the co+_inty who receives the lowest ann+.i~,l salary of
the district court r-eporter-s ire the co+_mty.
Said Lji.il to he s+_ibmitted to the State ~egislat+_tr-e anti State
Senate for pr-~GpGSal and attacft bi.11. r'~evisi.Gr+ Gf Sec. '~ 135~i
Tex Fov. Code.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: ~~ i ~
MEETING DATE: ~~ Ctur~~.(.-Y'o
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE: ~~~ 14~7z~~rY
TIME PREFERRED: ~
EXECUTIVE SESSI(O~i-Na~.R~CEQUUESJTED: YES NO ~0
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION: ~~ '~~--
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: ~ ~t~-~-~
Time for submitting this request for Court to assure that the matter 1s posted in accordance
with Article 6252-17 15 as follows:
~ Meetings held on Monday: 12:00 P.M. previous Wednesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON
All Agenda Requests will be screened by the County Judge's Office to determine 1t
adequate information has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
A BILL
TO BE ENTITLED
AN ACT
Relating to the jurisdiction of the County Court at Law of Kerr
County, Texas, and related matters.
Section 1. Section 25.1352 of the Texas Government Code is amended
to read:
(a) A county court at law in Kerr County, Texas, has the
jurisdiction provided by Section 25.0003.
(b) In addition to the jurisdiction provided by Section
25.0003 and other law, a county court at law in Kerr
County, Texas, has:
(1) Concurrent with the district courts, jurisdiction
in all proceedings under the Texas Family Code;
(2) Concurrent with the county court, jurisdiction of a
probate court in mental illness matters.
(c) The judge of a county court at law shall be paid an
annual salary that is at least equal to 85 percent of the
annual salary of a district judge in the county.
(d) The court reporter of a county court at law shall be paid
an annual salary at least equal to 80 percent of the
annual salary of the district court reporter in the
county who receives the lowest annual salary of the
district court reporters in the county.
(e) The judge of a county court at law may not engage in the
private practice of law.
(f) A county court at law has a term of court that begins on
January 1 and ends on December 31 of each year.
~~..~
§ 25.1282
Cross References
County courts,
Juries; drawing, selection, and service, see § 62.00] et seq.
Probate jurisdiction, see V.A.T.S. Probate Code, § 4.
Special judges, appointment and election, see § 26.011 et seq.
Terms of court, see § 26.002.
District court jurisdiction, see § 24.007.
[Sections 25.1283 to 25.1290 reserved for expansion]
COURTS
Title 2
[Sections 25.1291 to 25.1300 reserved for Jones County]
[Sections 25.1301 to 25.1310 reserved for Karnes County]
[Sections 25.1311 to 25.1320 reserved for Kaufman County]
[Sections 25.1321 to 25.1330 reserved for Kendall County]
[Sections 25.1331 to 25.1340 reserved for Kenedy County]
[Sections 25.1341 to 25.1350 reserved for Kent County]
§ 25.1351. Kerr County
Kerr County has one statutory county court, the County Court at Law of
Kerr County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
Historical Note
Prior Law:
Acts 1985, 69th Leg., ch. 324.
:j Vernon's Ann.Civ.St. art. 1970.388, § 1.
§ 25.1352. Kerr County Court at Law Provisions
(a) A county court at law in Kerr County has the jurisdiction provided by
Section 25.0003 except that the county court retains exclusive original juris-
diction of all matters under the Texas Mental Health Code (Article 5547-1 et
seq., Vernon's Texas Civil Statutes) and statutory procedures for the commit-
ment and treatment of persons alleged to be alcoholics, drug-dependent
persons, or mentally ill persons.
(b) In addition to the jurisdiction provided by Section 25.0003 and other
law, a county court at law in Kerr County has:
(1) concurrent with the county court, the probate jurisdiction provided
by general law for county courts; and
(2) concurrent jurisdiction with the district court in:
(A) civil cases in which the matter in controversy exceeds $500 but
does not exceed $50,000, excluding interest and attorney's fees; and
(B) proceedings under Titles 1, 2, and 4, Family Code.`
650
COURTS
Title 2
tt Law of
STATUTORY COUI~ITY COURTS § 25.1352
Ch. 25 S~- 5 2S, estso"I ~ '14„ p43
(c) The laws governing the drawing, selection, service, and pay of jurors for
county courts apply to a county court at law. Jurors regularly impaneled for
a week by the district courts may, on request of the judge of a county court at
law, be made available and serve for the week in the county court at law.
(d) The terms of a county court at law are the same as those of the county
court.
g9~~Thejudge of a county court at law must: '~..- ~ ZS,onik
~(`,'c~~v„~a~ (1) have resided in and actively practiced law in the county for at least
six months before appointment or election; and
(2) be a licensed attorney in this state who has actively practiced law for
at least two years before appointment or election.
(f) The judge of a county court at law shall be paid an annual salary that is
at least equal to 80 percent of the annual compensation, including supple-
ments, of a district judge in the county. The salary shall be paid out of the
county treasury on orders by the commissioners court. The judge is entitled
to reasonable travel expenses and necessary office expenses, including admin-
istrative and clerical assistance.
(g) If the judge of a county court at law is disqualified to try a pending case,
the parties or their attorneys may agree on the selection of a special judge to
try the case. A special judge may be appointed or elected in the manner
provided by law for the appointment or election of a special county judge. A
special judge is entitled to receive as compensation for each day actively
served an amount equal to ''/zso of the annual salary of a judge of a county
court at law. The commissioners court shall pay the special judge's salary out
of the general fund of the county.
(h) The judge of a county court at law may not engage in the private
practice of law.
(i) The county sheriff shall, in person or by deputy, attend a county court at
law as required by the judge.
rvided by j (j) The official court reporter of a county court at law is entitled to receive
nal juris- a salary set by the judge of the court at an amount that is at least equal to 80
1547-1 ei percent of the average compensation paid the official court reporters of the
commit- district courts in the county. The salary shalt be paid out of the county
ependent treasury in equal monthly installments.
(k) Notwithstanding Section 26.021, the county judge may appoint a retired
nd other judge as otherwise authorized by Subchapter C, Chapter 26 z.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987.
provided ~ V.T.C.A. Family Code, §§ I.OI et seq.; 11.01 et seq.; 71.01 et seq.
Z Section 26.021 et seq.
$500 but Revisor's Aiote
.es; and (1) The revised law omits Section 2(a) of the source law, relating to
jurisdiction, because Sections 23.001 and 25.0003(a) and (b) contain the same
provisions.
651
~`!!	couxTS ~
25.I392
Title z ~	.
' 77ge s .- _
)appeals of final rulings and decision	` (e) The judge of a.county court at law shall be paid an annual sahtx~ that is egnal to 90
a Texas 9Vorlcere' Compensation Com-	percent of the atmaal salary paid by the state t0 a district,jadge m the county. The
ta"	salary shall be paid in the same manner and from the same fond as the salary of the
	county judge. _ _ .,_ ..~ .;. ~.
	[See main
voluvae for text oj(~ to (ti)J ;
	.
	Amended by Acfa 1989, 71st Leg., eh. 1078, § 1, eff. Ang. ?8, 1989; Aete 1991, 72nd Leg., ch. 746,
	¢§ 32, 70, eft. Oat 1. 1991. -
..
>s ~	. Historleel and 3tatatory~ Notes. .._ 19915 Lesislatlon ~~ --
eff. Oct 1, 1991.	1999 Le`islstioa ~ • - The 1991 amendment rewrote snbeec. (a); and
5) and (c)]	the ananat salary from SD per~cen~t W 90 ~~~ eabeea (c). ,
eff. Oct. 1, 199E	§2,5,1362. Kerr County Court at I,aw Provisions _
of (e)J	(a) A county court at law in Kerr County has the jurisdiction provided by Section
	~~on of all matters
~
p
t
a
eff. Oct 1, 1991.	e ~ Title 7;
unr)er subtitl
H lth a
ind Safe Code
and~tut~
~ ~ u~ for the
~ (m) J	commitment and treatment of
persons alleged to be alcoholics, drngdependeat person, or
	mentally >b persons.
1991.	(b) In addition to the jurisdiction provided by 3et'hio» 26.0003 and other law, a county
	court at lsw in Kea Cotmty has concurrent jpriadictioa with the district court in
'	proceedings under Titles I, 2, and 4, Fatnt7y Code.' - ~ ° ."
	[see main volume for text of (cj a~ird (d)J ,
	(e) Repealed by Arta 1991, 72nd:Leg., cit. 746, § 70, eft. Oct 1, 1991. ',.
.
carts:	[See main volume for tart of (~ to, (k)J :;:
mtY~ and	Amended by Acts 1891, 72nd Leg., ch. 78, §-11„eff. Sept.1,:1891;. Acts 1991, 72nd Leg., eh. 748,
-
~	§§ 39, 70, efL Oct 1, 1991. - _. ,
'
'
	t V.T.GA. blmBg.Cods 4§ 1.01 et eeq„ 11.01 et eeq . T1.01
et ee4 . _ ~
S
1991: Acts 1991, 72nd Leg.. ch. 746,	Histodeal and Statutory lYoter .. .. ;.: ::ty:Code^> forareference
W tIre Tetra Mental

reatioa of the County Court at Law	1991 l.esidatloa Health Code.
Acts 1991, 72nd Leg., ch. 76, in subsea. (a), ~~ ~'' Arta 1981, ?tad Leg., ch. 746, rewrote anbaec.
Joltmon County shalt be filled by	aabstitnted "Snbtitie C, Title 7,. Health sad Safe- (b$ and rePaaled subsea (e)..
Che office of judge of the County	-.
w No. 2 of Johnson County e:uets for

and
prti~
general election is
gN
ti	
.- ..
§ 26.I392.. Sleberg County Court at.Lsw Provision ,
:. ~ f

ro
fit
ua
of the cmmty shall	
(e) In addition to the 'nriadiction:
1 provided by Sectio>L26.0003 and other Iaw, a twunty
dual judge of the County Court at	court at hiw in Kleberg County hae~.twncarrent. jurisdiction. with the district couct'la
-of Johnson County at the general
1992 for a two-year term beginning	(1) famt7y law tenses and proceedingsi and ''=='.;Ir,Y:::,:,ys7 .~.,:::.
`

~
NdBe aha0 be
5	
~ felony uses to conduct atraigetments, conduct pretrial hearings, and
gccept gut7ty
a
nr e~ terra
m
6
RC	1
action
6, of the Teis
umti~~
after the initi
l	(b) Repealed by Acta:~1991, 72nd Leg.,~c1L 7'46, ' 70, eff.'Oct: Y;, 1991. - ..,
~
$ ~
a
vacaacq is ft0ed es
Section 26.0009, Government Code."	- ..
~.•. ..~- .,...
(See main volume for tart of (e) to
(i)]
	..
,
	Amended by AMs 1989: 71st Leg., ch. Z, §' S.IS(s), efL Aag. 28,1988; Atha 1991. 72nd I,eg» eA. 748,

25.0003 and other law, a county
fiction with the district court' in	§§ 34. 70. eft. Oct 1, 1991. " _ :': .. - ~ =t., Q ' ':.u ^.~: !z: ,-
.. H6toricd and Statutory~Notn ~§ 1:'2'were iepeeled by Acts 1989.-71st Leg.,
.. .. .._
	leg Imo
t•6.2, § 8.13(b), eft. Ang. 28, 1989. _. .
. - ~.
.	The 1989amendmeattocooformtoActs1987. ."i!!1_p..'~
;:~;~• -~'' ~~:
f (b)J	,
Toth I.eg., ch. 262, §§-i. Z toes italieixed note in ,• _ '
main volnmej io enbsec. (ax2) deleted.."dnl,. Ttie: 1991.,ame~meat-rewpote subsea (a),

ff. Oct 1
1991	ptetxd'mg "jartediction"; m sabaec. (ax2xA) cab- wittrh foemmly iced: ,. - .,.._.-... .
>
" f
"
20
00
0
O
"
'
,
.	t
0
or
j
,
,
stituted
i6
0" and deleted
7n additbn W the jurisdiction .provided by
	°and" at the sad of the provision; and im~ted Section 26:0008 sad orh~ law, a county court at
F(d)J	subsea {a)(2xL7. At~s 198?. 70th'Leg» t'h 262. bw m Hleberg County has:
	63 .. .
Jurisdiction of the Kerr County Court at Law
Texas Government Code § 25.1351 establishes the Kerr County Court
at Law. Texas Government Code § 25.1352 modifies the jurisdiction
of county courts at law as applied to the Kerr County Court at Law.
General Jurisdiction
Currently, the Kerr County Court at Law has the jurisdiction
provided by §25.003 of the Government Code except that the county
court retains exclusive original jurisdiction of all matters under
Subtitle C, Title 7, Health and Safety Code, and statutory
procedures for the commitment and treatment of persons alleged to
be alcoholics, drug-dependent persons, or mentally ill persons.
Tex. Gov. Code § 25.1352(a) (Vernon Supp. 1992). Section 25.003 of
the Government Code gives a court at law jurisdiction over all
causes and proceedings, civil and criminal, original and appellate,
prescribed by law for county courts. TEx. Gov. CODE § 25.0003
(Vernon 1988).
Juvenile Cases
A constitutional county court has such juvenile jurisdiction as
provided by Section 23.001 of the Government Code. TEx. Gov. CODE §
26.042(b) (Vernon 1988). Section 23.001 gives each district court,
county court, and statutory court exercising any of the
constitutional jurisdiction of either a county court or a district
court, jurisdiction over juvenile matters. TEx. Gov. CODE § 23.001
(VERNON 1988). If, however, the juvenile judge is not licenced to
practice law, his decisions are subject to trial de novo and appeal
as provided by Sections 51.04, 51.18, and 56.01 of the Family
Code.TEx. GOV. CODE § 23.001 (VERNON 1988).
Since the Kerr County Court at Law has, under §25.003 of the
Government Code, the jurisdiction of a county court, and since a
county court at law is a statutory court, the Kerr County Court at
Law has jurisdiction over juvenile cases.
Probate Cases
Under the Government Code, a statutory county court has, concurrent
with the constitutional county court, the probate jurisdiction
provided by general law for county courts. TEx. Gov. CODE §
25.0003 (d) (Vernon Supp. 1992). The Probate Code gives a
constitutional county court the general jurisdiction of a probate
court and all matters appertaining and incident to an estate. TEx.
PROS. CODE § 4 (Vernon 1980) and § 5A (Vernon Supp. 1992).
Since the Kerr County Court at Law has, under § 25.003 of the
Government Code, the jurisdiction of a county court, the Kerr
County Court at Law has probate jurisdiction.
Chemically Dependent Persons
A proceeding for court-ordered treatment for chemical dependent
persons must be held in a constitutional county court, a statutory
county court having probate jurisdiction, or a statutory probate
court. Tex. Health & Safety Code § 462.061 (Vernon Pamph. 1992).
But for the prohibition contained in § 25.1352 (the Kerr County
Court at Law provision), the Kerr County Court at Law would have
jurisdiction over court-ordered treatment for chemical dependent
persons since, under § 25.003, it would be a "statutory county
court having probate jurisdiction."
Mental Health/Illness
A proceeding for court-ordered mental health services ( Health &
Safety Code § 574.031), modifications of an order (Health & Safety
Code § 574.061), and an order of protective custody (Health &
Safety Code § 574.021), must be held in the statutory or
constitutional county court that has jurisdiction of a probate
court in mental illness matters. TEx. HEALTH & SAFETY CODE §574.008
(Vernon Pamph. 1992).
Through the operation of § 25.003 of the Government Code, the Kerr
County Court at Law has the jurisdiction of a constitutional county
court and, therefore, probate jurisdiction. It is unclear whether
this is sufficient to grant it the jurisdiction of "a probate court
in mental illness matters." In any event, § 25.1352 of the
Government Code(the Kerr County Court at Law provision), prohibits
the Kerr County Court at Law from exercising jurisdiction over
court-ordered mental health services.
Other County Court Powers
All causes and proceedings, civil and criminal, original and
appellate, prescribed by law for county courts. TEx. Gov. CODE §
25.0003 (Vernon 1988). Chapter 26, Subchapter D, of the Government
Code establishes the jurisdiction of county court:
- Concurrent jurisdiction with the justice courts in civil cases
in which the matter exceeds $200 but does not exceed $5000,
exclusive of interest. TEx. Gov. CODE § 26.042(a) (Vernon Supp.
1992).
- Concurrent jurisdiction with the district court in civil cases
in which the matter exceeds $500 but does not exceed $5000,
exclusive of interest. TEx. Gov. CODE § 26.042 (d) (Vernon Supp.
1992).
- Appellate jurisdiction in civil cases over which the justice
courts have original jurisdiction, where the matter appealled
from exceeds $20, exclusive of costs. TEx. Gov. CODE §
26.042(e) (Vernon 1988).
- Exclusive original jurisdiction of misdemeanors, other than
misdemeanors involving official misconduct and cases in which
the highest fine that may be imposed is less than $500. TEx.
Gov. CODE § 26.045(a) (Vernon Supp. 1992).
- Forfeiture and final judgment of bonds and recognizances taken
in criminal cases within the court's jurisdiction. TEx. Gov.
CODE § 26.045(b) (Vernon 1988).
- Appellate criminal jurisdiction from inferior courts. TEx.
Gov. CODE § 26.046 (Vernon 1988).
- Writs of Habeas Corpus in any case in which the constitution
has not conferred the power on the district courts. TEx. Gov.
CODE § 26.047 (a) (Vernon 1988).
- Any motion against the Sheriff or other officer of the court
for failure to pay money collected uner process of the court
or for other defalcation of duty in connection with a process
of the court. TEx. Gov. CODE § 26.048 (Vernon 1988).
- Exercise powers of law and equity. TEx. Gov. CODE § 26.050
(Vernon 1988).
- Grant writs of mandamus, injunction, sequestration,
attachment, garnishment, certiorari, and supersedeas and all
other writs necessary to the enforcement of the court's
jurisdiction. TEx. Gov. CODE § 26.050 (Vernon 1988).
Statutory County Court at Law Powers
Concurrent jurisdiction with the district courts in eminent domain
cases. TEx. PROP. CODE § 21.001 (Vernon 19 ). An issue of title or
other matter that cannot be fully adjudicated in county court must
be transferred to district court. TEx. PROP. CODE § 21.002 (Vernon
19 ).
Concurrent jurisdiction with the district court in:
- Civil cases where the amount in controversy exceeds $500 but
does not exceed $100,000, excluding interest, statutory or
punitive damages and penalties, and attorney's fees and costs,
as alleged on the face of the petition. TEx. Gov. CODE § 25.0003
(c)(1)(Vernon Supp. 1992).
- Appeals of final rulings and decisions of the Texas Workers'
Compensation Commission, regardless of the amount in
controversy. TEx. Gov. CODE § 25.0003 (c)(2)(Vernon Supp. 1992).
- Issue writs of injunction, mandamus, sequestration,
attachment, garnishment, certiorari, supersedeas, and all
writs necessary for the enforcement of the jurisdiction of the
court. TEx. Gov. CODE § 25.0004 (a) (Vernon Supp. 1992).
- Issue writs of Habeas Corpus in cases where the offense
charged is within the jurisdiction of the court or any
inferior court in the county. TEx. Gov. CODE § 25.0004 (a)
(Vernon Supp. 1992).
- May punish for contempt. TEx. Gov. CODE § 25.0004 (b) (Vernon
Supp. 1992).
- All other powers, duties, immunities, and privileges provided
by law for county judges. TEx. Gov. CODE § 25.0004 (d) (Vernon
Supp. 1992).
Closina Statement
This is not intended to be an exclusive compilation of powers and
authority. It does cover some areas of concern and is to be used
only for the purpose of requesting jurisdictional changes from the
legislature regarding the problem areas that have been identified.
Rationale for Amendments to Jurisdictional Statute
§ 25.1352. Rerr County Court at Law Provisions
(a) Currently, the Kerr County Court at Law has the jurisdiction
provided by §25.003 of the Government Code "except that the county
court retains exclusive original jurisdiction of all matters under
Subtitle C, Title 7, Health and Safety Code, and statutory
procedures for the commitment and treatment of persons alleged to
be alcoholics, drug-dependent persons, or mentally ill persons."
Tex. Gov. Code § 25.1352(a) (Vernon Supp. 1992). Section 25.003 of
the Government Code gives a court at law jurisdiction over all
causes and proceedings, civil and criminal, original and appellate,
prescribed by law for county courts. TEx. Gov. CODE § 25.0003
(Vernon 1988). Our court, therefore, has less jurisdiction than a
general county court at law.
The proposed code provision amends this paragraph to delete the
exceptions to general law jurisdiction.
(b) This paragraph was amended, effective September 1, 1991, by
the last legislature. It presently reads:
In addition to the jurisdiction
and other law, a county court
concurrent jurisdiction with the
under Titles 1, 2, and 4, Family
provided by Section 25.0003
at law in Kerr County has
district court in proceedings
Code.
Through this amendment, the legislature was attempting to eliminate
redundant provisions of § 25.1352. The concurrent probate
jurisdiction is granted by § 25.0003 (d) of the Government Code and
monetary jurisdiction was increased to $100,000 by amendments to §
25.0003, effective September 1, 1991.
The proposed code provision amends this paragraph to cover all
Family Code matters and adds language to ensure that the court has
the court's jurisdiction to hear mental health matters and matters
regarding the commitment and treatment of persons alleged to be
alcoholics, drug-dependent persons, or mentally ilI persons.
(c) This paragraph concerns the selection and service of jurors.
The proposed code provision would delete this paragraph since the
matters are adequately covered by other law. The first sentence is
covered by § 25.0007. Tsx. Gov. Cooe § 25.007 (Vernon Supp. 1992).
The second sentence is covered by § 62.017(e) of the Government
Code. Tex. Gov. CODS § 62.017 (Vernon Supp. 1992).
This paragraph would, instead, contain the provisions relating to
the salary of the judge as explained in (f), below.
(d) This provision currently establishes the terms of court as
being the same as county court.
The proposed code provision would re-designate as (g) and amend to
establish and annual term of court. This will closer reflect
reality. Terms of court are an antiquated concept.
This paragraph would, instead, contain the provisions relating to
the salary of the court reporter as explained in (j), below.
(e) This paragraph establishes the qualifications for office.
This paragraph was repealed effective September 1, 1991, by the
Zast legislature. The qualifications for office are set out in
Government Code § 25.0014 (Vernon Supp. 1992).
This paragraph would, instead, contain the provisions concerning
exchange of benches between the district courts and the county
court at law. This provision was suggested by Judge Ables because
of an apparent jurisdictional conflict between Government Code §
74.094 and § 74.121, which authorize exchange of benches.
(f) This code provision deals with the salary of the county judge
which is presently "at least equal to 80 percent of the annual
compensation, including supplements, of a district judge in the
county.
The proposed code provision concerning the salary of the county
court at law judge would be re-designated as (c) and amended to
delete the "including supplements" language because the district
judges receive supplements from various sources. Attempts to limit
the type of supplement to be allowed would unecessarily complicate
the statute. To compensate for any Loss, the salary percentage is
increased to 85 percent. This will prevent any accidental raises
and will make the budgetary process Less complicated.
The "county treasurer" sentence is deleted as totally unecessary.
The travel and office expenses sentence is deleted because it is
covered by other statutes:
- Travel expenses for attendance at required meetings and
required educational programs. Tex. Gov. Code §74.062 (Vernon
1988). Chapter 74 also covers authorization for expenses
where assigned as a visiting judge.
- The commissioners court is required to provide the physical
facilities necessary to operate the court. Tex. Gov. Code
§25.0010 (Vernon 1988).
- Court reporter is required by other law. Tex. Gov. Code
§52.041 (Vernon 1988).
- Court coordinator is authorized by other law. Tex. Gov. Code
§ 74.101 (Vernon 1988).
- Appointment of staff is authorized by other law. Tex. Gov.
Code § 74.103 (Vernon 1988).
The new (e) would prohibit the private practice of law. See (h),
below.
(q) This paragraph concerns the appointment of special judges for
the county court at law.
Since Chapter 74 of the Government Code provides for exchange of
benches, transfer of cases, etc., this provision is unnecessary.
Chapter 74 also provides the qualifications and proceedures for the
appointment of special judges by the presiding judge of the region.
For appointment of special judges in criminal cases, see Article
30.03 of the Code of Criminal Procedure.
There will not be a paragraph (g) in the proposed code section.
(h) This paragraph prohibits a county court at law judge from
having a private practice.
The amended version would retain this provision and re-designate
the paragraph as (e).
(i) This paragraph deals with the provision of a bailiff for the
court.
The proposed code provision would delete this paragraph because it
is covered by § 25.0010 (b) (Vernon 1988). There will not be a
paragraph (i) in the proposed code section.
There will not be a paragraph (i) in the proposed code section.
(j) This paragraph establishes that the court reporter be paid a
minimum salary of at least 80 percent of the lowest paid district
court reporter.
At Judge Brown's request, this paragraph has been retained with
some modification by me. The proposed code provision would clarify
that only salary is to be used in the establishment of the wage
minimum. Further, it clarifies that the salary of the county court
at law court reporter will be based upon the lower of the two
district court reporters' salaries.
The court reporter salary provision is re-designated as paragraph
(d) in the proposed code section.
(k) This paragraph deals with appointments of retired judges.
The proposed code provision would delete this paragraph entirely
because it is unecessary. The assignment of active, former, or
retired judges is provided by Government Code §74.041, et seq.