URI)ER MU. cc'68~2~
gDUPTIUN OF RESULUTIUM F'UR HUUSE RILL 66
Un this the 'r'end day of May 199:;, i_ipon motion made by
Commissioner Hcrlekamp, seconded by Commissioner Lehman, the
Court unaniwously approved by a vote of 3-@-@, to per-mit the
county Clerk to collect- the fees and costs a~athori~ed by
Section ~i.7aE, government sect inn r'S.~t10~1~5 of the Government
Code.
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DAVID L. HODGES
JUDGE
COUNTY COURT AT LAW
SECOND FLOOR
McLENNAN COUNTY COURTHOUSE
501 WASHINGTON AVENUE
WACO, TEXAS 76701
June 19, 1991
TO ALL COUNTY COURT AT LAW JUDGES:
PHONE~817)79~SW0
PLOYCE MILLEfl
oFFIaA~couarRERORrER
SUSY POWELL
COURT ADMINISTRATOR
CIN DYflANDOLPH
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.
The bill further states that all amounts remitted back to the
county can be used only for 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 L "`~
HOUSE BILL 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 BiII 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 order to qualify for the $25,000, the county commissioners must pass a
resolution adopting House Bill 66 and agreeing to charge an additional $ ] 0 fee on criminal
cases and an additional $20 fee on civil cases.
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.
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 probate
courts as defined by 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 by 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 5100,000, excluding interest,
statutory or punitive damages and penalties, and attorney's fees
and costs, as alleged on the fact of the petition; and
L1 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:
LL Except as provided ~ Subsection !e), a statutory
county court has, concurrent with the county court, the probate
jurisdiction provided by general law for county courts.
let In a county that has a statutory probate court, a
statutory probate court is the only county court created by_
statute with probate jurisdiction.
SECTION 4. Section 25.0005, Government Code, is amended to
read as followa:
Sec. 25.0005. JUDGE'S SALARY. (a) A statutory county
court fudge, other than a statutory county court 'u~ dce who
engages in the private gractice of law or a judge 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 e ual to the amount that is 1 000 less
than the total annual salary received ~ a district 'u~ dge in the
county. A district iudce's or statutory county court judce's
total annual salary includes contributions and supplements, paid
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 €or 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 Notwithstandino Section 25.0001(a), this section
prevails over any other law that limits a particular statutory
county court 'u7 dce to an annual salary of less than the amount
provided ~ Subsection 1a1, but does not affect a salary minimum
set ~ other law that exceeds the amount provided ~ Subsection
!a).
ue A county is not required to meet the salary
requirements of Subsection Sa.)_ for a particular court if:
u not later than September 1 of the near in which
the county initially begins collectinc fees and costs under
Section 51.702, the county increAses the salary of each
statutory county court judce in the county to an amount that is
at least S20,000 more than the salary the 'ul dce was entitled to
on M~ 1 of that year;
1~1 the county maintains the salary at the minimum
recuired ~ Subdivision f1);
,u the county collects the fees and costs as
grovided b~. Section 51.702;
u the court has at least the jurisdiction provided
Section 25.003; and
u except as provided ~ Subsection 1f1, 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 judces.
1~ Subsection ~(e)!51 does not require a county to Pav
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.) The House Bill 66 further states that all amounts
remitted back to the county can be used only for court-related
purposes for the support of the judiciary. The remainder of the
$25,000 not used for salary increase will have to be used for
judicial purposes (other items in the county court at law
budget).
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.
salarv that exceeds the minimum salarv under Subsection Sa).
Sgt An exemption under Subsection u is not an exclusion
for purposes of Section 25.0015 fa)(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 ~ ~ and 4l 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. ~ in addition to all other fees authorized or
required by other law, the clerk of a statutorv 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
In addition to other court costs, a person shall ~Y
10 as a court cost on conviction of a_~ criminal offense in a
statutorv 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
Hiohways (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.
LL 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.
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.
u Sections 51.320 and 51.321 apply to a fee or cost
collect under this section.
L1 This section applies only to fees and costs for a
12-month period beainnino July 1 in a county in which the
commissioners court:
u adopts a resolution authorizing the fees and
costs under this section for the 12-month period; and
_(2 j. 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.
RESOLUTION
On the 22nd day of May , 195 ~ 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,
1995
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 ,~_ day of Mav ~ 1993
o ~
CO 'OMMZSSIONER,
LEEII"]AN
QTY CO IS IONER, P 1T. 2
T. H. E
l l~ l~U~r / / / ~~
OUP-C~O~S~ZONER, PCT. 4
BRUCE OE[ILER
CLERKS CERTIFICATE
The undersigned hereby certifies that the above Resolution
was duly adopted by the Kerr County Commissioners Court on the
date therein stated.
~1.7~d ~
COUNTY CLERK
KERR COUNTY, TEXAS
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: c~yenror w Rrp~n OFFICE: (`nnnty r'nnrt At I,aw
MEETING DATE: 5-22-95 TIME PREFERRED: 10:30 AM
SUBJECT: (PLEASE BE SPECIFIC) Consider passing resolution on House Bill 66
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
ESTIMATED LENGTH OF PRESENTATION:
15 Minutes
[F PERSONNEL MATTER -NAME OF EMPLOYEE.
NAME OF PERSON ADDRESSING THE COURT:
Spencer W. Brown
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All 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 will
be appreciated and contribute towards you request being addressed at the earliest opportunity See Agenda
Request Rules Adopted by Commissioners' Court.
ORDER NO. 22680
ADOPTION OF RESOLUTION FOR
HOUSE BITS, 66
May 22, 1995
Vol U, Page 16