GOVERNMENT CODE
CHAPTER 25. STATUTORY COUNTY COURTS
SUBCHAPTER A. GENERAL PROVISIONS
§ 25.0001. APPLICATION OF SUBCHAPTER. (a) This
subchapter applies to each statutory county court in this state. If
a provision of this subchapter conflicts with a specific provision
for a particular court or county, the specific provision controls.
(b) A statement in Subchapter C that a general provision of
this subchapter does not apply to a specific statutory court or the
statutory courts of a specific county does not affect the
application of other laws on the same subject that may affect the
court or courts.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987.
§ 25.0002. DEFINITION. In this chapter, "family law
cases and proceedings" includes cases and proceedings involving
adoptions, birth records, or removal of disability of minority or
coverture; change of names of persons; child welfare, custody,
support and reciprocal support, dependency, neglect, or
delinquency; paternity; termination of parental rights; divorce
and marriage annulment, including the adjustment of property
rights, custody and support of minor children involved therein,
temporary support pending final hearing, and every other matter
incident to divorce or annulment proceedings; independent actions
involving child support, custody of minors, and wife or child
desertion; and independent actions involving controversies
between parent and child, between parents, and between spouses.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987.
§ 25.0003. JURISDICTION. (a) A statutory county court
has jurisdiction over all causes and proceedings, civil and
criminal, original and appellate, prescribed by law for county
courts.
(b) A statutory county court does not have jurisdiction over
causes and proceedings concerning roads, bridges, and public
highways and the general administration of county business that is
within the jurisdiction of the commissioners court of each county.
(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 $100,000, excluding interest,
statutory or punitive damages and penalties, and attorney's fees
and costs, as alleged on the face of the petition; and
(2) appeals of final rulings and decisions of the
Texas Workers' Compensation Commission, regardless of the amount in
controversy.
(d) Except as provided by Subsection (e), a statutory county
court has, concurrent with the county court, the probate
jurisdiction provided by general law for county courts.
(e) In a county that has a statutory probate court, a
statutory probate court is the only county court created by statute
with probate jurisdiction.
(f) A statutory county court does not have the jurisdiction
of a statutory probate court granted statutory probate courts by
the Texas Probate Code.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 2, 3, eff. Oct.
1, 1991; Acts 1999, 76th Leg., ch. 431, § 2, eff. Sept. 1, 1999.
§ 25.0004. POWERS AND DUTIES. (a) A statutory county
court or its judge may issue writs of injunction, mandamus,
sequestration, attachment, garnishment, certiorari, supersedeas,
and all writs necessary for the enforcement of the jurisdiction of
the court. It may issue writs of habeas corpus in cases where the
offense charged is within the jurisdiction of the court or any court
of inferior jurisdiction in the county.
(b) A statutory county court or its judge may punish for
contempt as prescribed by general law.
(c) The judge of a statutory county court has all other
powers, duties, immunities, and privileges provided by law for
county court judges.
(d) Except as provided by Subsection (e), the judge of a
statutory county court has no authority over the county's
administrative business that is performed by the county judge.
(e) The judge of a statutory county court may be delegated
authority to hear an application under Section 25.052, 26.07, or
61.312, Alcoholic Beverage Code.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 2001, 77th Leg., ch. 417, § 2, eff. Sept.
1, 2001.
§ 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 judge in whose court fees and
costs under Sections 51.702(a) and (b) are not collected, shall be
paid a total annual salary set by 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 by a district judge in the county
on August 31, 1999. A district judge's or statutory county court
judge'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 Sections 51.702(a) and (b) are not collected.
(c) The salary shall be paid in equal monthly installments.
(d) 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 by Subsection (a), but does not affect a salary minimum set
by other law that equals or exceeds the amount provided by
Subsection (a).
(e) A county is not required to meet the salary requirements
of Subsection (a) for a particular court if:
(1) not later than September 1 of the year in which the
county initially begins collecting fees and costs under Sections
51.702(a) and (b), the county increases the salary of each
statutory county court judge in the county to an amount that is at
least $28,000 more than the salary the judge was entitled to on May
1 of the year the county initially begins collecting fees and costs
under Sections 51.702(a) and (b);
(2) the county pays at least the salary required by
Subdivision (1);
(3) the county collects the fees and costs as provided
by Sections 51.702(a) and (b);
(4) the court has at least the jurisdiction provided
by Section 25.0003; and
(5) except as provided by 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 judges.
(f) Subsection (e)(5) does not require a county to pay a
salary that exceeds the minimum salary under Subsection (a).
(g) An exemption under Subsection (e) is not an exclusion
for purposes of Section 25.0015(a)(3).
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 4, eff. Oct. 1,
1991; Acts 1993, 73rd Leg., ch. 144, § 1, eff. Aug. 30, 1993;
Acts 1997, 75th Leg., ch. 80, § 1, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1119, § 1, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 1572, § 1, eff. Oct. 1, 1999; Acts 2003, 78th Leg., ch.
616, § 1, eff. Sept. 1, 2003.
§ 25.0006. BOND; REMOVAL. (a) The judge of a
statutory county court must execute a bond as prescribed by law for
county judges.
(b) The judge of a statutory county court may be removed
from office in the same manner and for the same reasons as a county
judge.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987.
§ 25.0007. JURIES; PRACTICE AND PROCEDURE. The drawing
of jury panels, selection of jurors, and practice in the statutory
county courts must conform to that prescribed by law for county
courts, except that practice, procedure, rules of evidence,
issuance of process and writs, and all other matters pertaining to
the conduct of trials and hearings in the statutory county courts,
other than the number of jurors, that involve those matters of
concurrent jurisdiction with district courts are governed by the
laws and rules pertaining to district courts. This section does not
affect local rules of administration adopted under Section 74.093.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 5, eff. Oct. 1,
1991.
§ 25.0008. FEES. A judge of a statutory county court
shall assess the same fees as are prescribed by law relating to
county judges' fees. The clerk of the court shall collect the fees
and pay them into the county treasury on collection. A fee may not
be paid to the judge.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987.
§ 25.0009. VACANCY. (a) The commissioners court of
each county shall appoint a person to fill a vacancy in the office
of judge of a statutory county court.
(b) The appointee holds office until the next general
election and until the successor is elected and has qualified.
(c) This section applies to a vacancy existing on creation
of the office of judge.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987.
§ 25.0010. FACILITIES; PERSONNEL. (a) The
commissioners court of each county shall provide the physical
facilities necessary to operate the statutory county court in each
county.
(b) The county attorney or criminal district attorney and
sheriff shall serve each statutory county court. The county clerk
shall serve as clerk of each statutory county court. The court
officials shall perform the duties and responsibilities of their
offices and are entitled to the compensation, fees, and allowances
prescribed by law for those offices.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987.
§ 25.0011. SEAL. The seal of each statutory county
court is the same as that provided by law for a county court except
that the seal must contain the name of the statutory county court as
it appears in this chapter.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987.
§ 25.0012. EXCHANGE OF JUDGES IN CERTAIN COUNTY COURTS
AT LAW AND COUNTY CRIMINAL COURTS. In any county with a population
of more than 300,000, the judge of a county criminal court and the
judge of a county court at law may hold court for or with one
another. The county criminal court has the necessary civil
jurisdiction to hold court for the county court at law.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987.
§ 25.0014. QUALIFICATIONS OF JUDGE. The judge of a
statutory county court must:
(1) be at least 25 years of age;
(2) have resided in the county for at least two years
before election or appointment; and
(3) be a licensed attorney in this state who has
practiced law or served as a judge of a court in this state, or both
combined, for the four years preceding election or appointment,
unless otherwise provided for by law.
Added by Acts 1991, 72nd Leg., ch. 746, § 6, eff. Oct. 1, 1991.
§ 25.0015. STATE CONTRIBUTION. (a) Beginning on the
first day of the state fiscal year, the state shall annually
compensate each county that collects the additional fees and costs
under Sections 51.702(a) and (b) in an amount equal to $35,000 for
each statutory county court judge in the county who:
(1) does not engage in the private practice of law;
(2) presides over a court with at least the
jurisdiction provided by Section 25.0003; and
(3) except as provided by Section 25.0005(d), is not
excluded from the application of Section 25.0003 or Section
25.0005.
(b) For a county that participates under Section 51.702(f)
under a resolution adopted and filed with the comptroller before
September 1, 2003, the amount shall be paid to the county's salary
fund in equal monthly installments, and of each $35,000 paid a
county, $30,000 shall be paid from funds appropriated from the
judicial fund, and $5,000 shall be paid from funds appropriated
from the general revenue fund.
(c) For a county that participates under Section 51.702(f)
under a resolution adopted or filed with the comptroller on or after
September 1, 2003, the amount shall be paid to the county's salary
fund in equal monthly installments from funds appropriated from the
judicial fund.
Added by Acts 1991, 72nd Leg., ch. 746, § 6, eff. Oct. 1, 1991.
Amended by Acts 1997, 75th Leg., ch. 1119, § 2, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1572, § 3, eff. Oct. 1, 1999;
Acts 2003, 78th Leg., ch. 616, § 2, eff. Sept. 1, 2003.
§ 25.0016. EXCESS CONTRIBUTIONS. (a) At the end of
each state fiscal year the comptroller shall determine the amounts
deposited in the judicial fund under Section 51.702 and the amounts
paid to the counties under Section 25.0015. If the total amount paid
under Section 51.702 by all counties exceeds the total amount paid
to counties under Section 25.0015, the state shall remit the excess
to the counties proportionately based on the percentage of the
total paid by each county.
(b) The amounts remitted under Subsection (a) shall be paid
to the county's general fund to be used only for court-related
purposes for the support of the judiciary as provided by Section
21.006.
(c) In determining the amount deposited in the judicial fund
under Section 51.702 for a county that collects fees and costs as
provided by that section, the comptroller shall credit $40 of each
fee deposited in the judicial fund under Section 51.701 by that
county for cases assigned to a statutory county court as fees
deposited under Section 51.702.
Added by Acts 1991, 72nd Leg., ch. 746, § 6, eff. Oct. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 144, § 2, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 461, § 1, eff. Aug. 28, 1995;
Acts 1997, 75th Leg., ch. 1119, § 3, eff. Sept. 1, 1997.
§ 25.0017. VISITING JUDGE TO TAKE OATH. (a) A person
who is a retired or former judge shall, before accepting an
assignment as a visiting judge of a statutory county court, take the
oath of office required by the constitution and file the oath with
the regional presiding judge.
(b) A regional presiding judge shall maintain a file
containing the oaths of office filed with the judge under
Subsection (a).
(c) A retired or former judge may be assigned as a visiting
judge of a statutory county court only if the judge has filed with
the regional presiding judge an oath of office as required by this
section.
Added by Acts 1995, 74th Leg., ch. 456, § 3, eff. Sept. 1, 1995;
Acts 1995, 74th Leg., ch. 782, § 4, eff. Sept. 1, 1995. Amended
by Acts 1999, 76th Leg., ch. 960, § 1, eff. Sept. 1, 1999.
§ 25.0018. RECORD. (a) When a retired or former judge
is appointed as a visiting judge, the clerk shall enter in the
administrative file as a part of the proceedings in the cause a
record that gives the visiting judge's name and shows that:
(1) the judge of the court was disqualified, absent,
or disabled to try the cause;
(2) the visiting judge was appointed; and
(3) the oath of office prescribed by law for a retired
or former judge who is appointed as a visiting judge was duly
administered to the visiting judge and filed with the regional
presiding judge.
(b) "Administrative file" means a file kept by the court
clerk for the court's administrative orders and assigned a cause
number.
Added by Acts 1995, 74th Leg., ch. 456, § 3, eff. Sept. 1, 1995;
Acts 1995, 74th Leg., ch. 782, § 4, eff. Sept. 1, 1995. Amended
by Acts 1999, 76th Leg., ch. 960, § 2, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 469, § 1, eff. Sept. 1, 2001.
SUBCHAPTER B. GENERAL PROVISIONS RELATING TO STATUTORY PROBATE
COURTS
§ 25.0021. JURISDICTION. (a) If this section
conflicts with a specific provision for a particular statutory
probate court or county, the specific provision controls, except
that this section controls over a specific provision for a
particular court or county if the specific provision attempts to
create jurisdiction in a statutory probate court other than
jurisdiction over probate, guardianship, mental health, or eminent
domain proceedings.
(b) A statutory probate court as that term is defined in
Section 3(ii), Texas Probate Code, has:
(1) the general jurisdiction of a probate court as
provided by the Texas Probate Code; and
(2) the jurisdiction provided by law for a county
court to hear and determine actions, cases, matters, or proceedings
instituted under:
(A) Section 166.046, 192.027, 193.007, 552.015,
552.019, 711.004, or 714.003, Health and Safety Code;
(B) Chapter 462, Health and Safety Code; or
(C) Subtitle C or D, Title 7, Health and Safety
Code.
(c) Expired.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 2001, 77th Leg., ch. 635, § 1, eff. Sept.
1, 2001.
§ 25.00211. STATE CONTRIBUTION. (a) Beginning on the
first day of the state fiscal year, the state shall annually
compensate each county that collects the additional fees under
Section 51.704 in an amount equal to $40,000 for each statutory
probate court judge in the county.
(b) The amount shall be paid to the county treasury for
deposit in the contributions fund created under Section 25.00213 in
equal monthly installments from funds appropriated from the
judicial fund.
Added by Acts 1999, 76th Leg., ch. 1572, § 2, eff. Oct. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1443, § 1, eff. June 17,
2001.
§ 25.00212. EXCESS CONTRIBUTIONS. (a) At the end of
each state fiscal year the comptroller shall determine the amounts
deposited in the judicial fund under Section 51.704 and the amounts
paid to the counties under Section 25.00211. If the total amount
paid under Section 51.704 by all counties exceeds the total amount
paid to counties under Section 25.00211, the state shall remit the
excess to the counties proportionately based on the percentage of
the total paid by each county.
(b) The amounts remitted under Subsection (a) shall be paid
to the county treasury for deposit in the contributions fund
created under Section 25.00213.
Added by Acts 1999, 76th Leg., ch. 1572, § 2, eff. Oct. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1263, § 7, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1443, § 2, eff. June 17, 2001.
§ 25.00213. CONTRIBUTIONS FUND. (a) A contributions
fund is created in the county treasury of each county that collects
the additional fees under Section 51.704.
(b) Money in a contributions fund created under this section
may be used only for court-related purposes for the support of the
statutory probate courts in the county.
(c) A county may not reduce the amount of funds provided for
the support of the statutory probate courts in the county because of
the availability of funds from the county's contributions fund.
Added by Acts 2001, 77th Leg., ch. 1443, § 3, eff. June 17, 2001.
§ 25.0022. ADMINISTRATION OF STATUTORY PROBATE
COURTS. (a) "Statutory probate court" has the meaning assigned
by Section 3, Texas Probate Code.
(b) The judges of the statutory probate courts shall elect
from their number a presiding judge of the statutory probate
courts. The presiding judge serves a four-year term from the date
of qualification as the presiding judge.
(c) The presiding judge may perform the acts necessary to
carry out this section and to improve the management of the
statutory probate courts and the administration of justice.
(d) The presiding judge shall:
(1) ensure the promulgation of local rules of
administration in accordance with policies and guidelines set by
the supreme court;
(2) advise local statutory probate court judges on
case flow management practices and auxiliary court services;
(3) perform a duty of a local administrative statutory
probate court judge if the local administrative judge does not
perform that duty;
(4) appoint an assistant presiding judge of the
statutory probate courts;
(5) call and preside over annual meetings of the
judges of the statutory probate courts at a time and place in the
state as designated by the presiding judge;
(6) call and convene other meetings of the judges of
the statutory probate courts as considered necessary by the
presiding judge to promote the orderly and efficient administration
of justice in the statutory probate courts;
(7) study available statistics reflecting the
condition of the dockets of the probate courts in the state to
determine the need for the assignment of judges under this section;
and
(8) compare local rules of court to achieve uniformity
of rules to the extent practical and consistent with local
conditions.
(e) In addition to all other compensation, expenses, and
perquisites authorized by law, the presiding judge shall be paid
for performing the duties of a presiding judge an annual salary
equal to the maximum salary authorized by Section 74.051(b) for a
presiding judge of an administrative judicial region. The
presiding judge is entitled to receive reasonable expenses incurred
in administering those duties. The salary and expenses are paid by
the counties that have statutory probate courts, apportioned
according to the number of statutory probate courts in the county.
(f) Each county pays annually to the presiding judge, from
fees collected pursuant to Section 118.052(2)(A)(vi), Local
Government Code, the amount of the salary apportioned to it as
provided by this section and the other expenses authorized by this
section. The presiding judge shall place each county's payment of
salary and other expenses in an administrative fund, from which the
salary and other expenses are paid. The salary shall be paid in
equal monthly installments.
(g) The assistant presiding judge may assign probate judges
as provided by this section and perform the office of presiding
judge:
(1) on the death or resignation of the presiding judge
and until a successor presiding judge is elected; or
(2) when the presiding judge is unable to perform the
duties of the office because of absence, disqualification,
disabling illness, or other incapacity.
(h) A judge or a former or retired judge of a statutory
probate court may be assigned to hold court in a statutory probate
court, county court, or any statutory court exercising probate
jurisdiction when:
(1) a statutory probate judge requests assignment of
another judge to the judge's court;
(2) a statutory probate judge is absent, disabled, or
disqualified for any reason;
(3) a statutory probate judge is present or is trying
cases as authorized by the constitution and laws of this state and
the condition of the court's docket makes it necessary to appoint an
additional judge;
(4) the office of a statutory probate judge is vacant;
(5) the presiding judge of an administrative judicial
district requests the assignment of a statutory probate judge to
hear a probate matter in a county court or statutory county court;
(6) a motion to recuse the judge of a statutory probate
court has been filed;
(7) a county court judge requests the assignment of a
statutory probate judge to hear a probate matter in the county
court; or
(8) a local administrative statutory probate court
judge requests the assignment of a statutory probate judge to hear a
matter in a statutory probate court.
(i) A judge assigned under this section has the
jurisdiction, powers, and duties given by Sections 5, 5A, 5B, 606,
607, and 608, Texas Probate Code, to statutory probate court judges
by general law.
(j) Except as otherwise provided by this section, the
salary, compensation, and expenses of a judge assigned under this
section are paid in accordance with state law.
(k) The daily compensation of a former or retired judge for
purposes of this section is set at an amount equal to the daily
compensation of a judge of a statutory probate court in the county
in which the former or retired judge is assigned. A former or
retired judge assigned to a county that does not have a statutory
probate court shall be paid an amount equal to the daily
compensation of a judge of a statutory probate court in the county
where the assigned judge was last elected.
(l) An assigned judge is entitled to receive reasonable and
necessary expenses for travel, lodging, and food. The assigned
judge shall furnish the presiding judge, for certification, an
accounting of those expenses with a statement of the number of days
the judge served.
(m) The presiding judge shall certify to the county judge in
the county in which the assigned judge served:
(1) the expenses approved under Subsection (l); and
(2) a determination of the assigned judge's salary.
(n) A judge who has jurisdiction over a suit pending in one
county may, unless a party objects, conduct any of the judicial
proceedings except the trial on the merits in a different county.
(o) The county in which the assigned judge served shall pay
out of the general fund of the county:
(1) expenses certified under Subsection (m) to the
assigned judge; and
(2) the salary certified under Subsection (m) to the
county in which the assigned judge serves, or, if the assigned judge
is a former or retired judge, to the assigned judge.
(p) In addition to all compensation and expenses authorized
by this section and other law, a judge who is assigned to a court
outside the county of the judge's residence is entitled to receive
$25 for each day or fraction of a day served. The county in which
the judge served shall pay the additional compensation from the
county's general fund on certification by the presiding judge.
(q) When required to attend an annual or special meeting
prescribed by this section, a judge is entitled to receive, in
addition to all other compensation allowed by law, actual and
necessary travel expenses incurred going to and returning from the
place of the meeting and actual and necessary expenses while
attending the meeting. On certification by the presiding judge,
the judge's county of residence shall pay the expenses from the
county's general fund.
(r) Chapter 74 and Subchapter I, Chapter 75, do not apply to
the assignment under this section of statutory probate court
judges.
(s) The presiding judge may appoint any special or standing
committees of statutory probate court judges necessary or desirable
for court management and administration.
(t) To be eligible for assignment under this section a
former or retired judge of a statutory probate court must:
(1) not have been removed from office; and
(2) certify under oath to the presiding judge, on a
form prescribed by the state board of regional judges, that the
judge did not resign from office after having received notice that
formal proceedings by the State Commission on Judicial Conduct had
been instituted as provided in Section 33.022 and before the final
disposition of the proceedings.
(u) In addition to the eligibility requirements under
Subsection (t), to be eligible for assignment under this section in
the judge's county of residence, a former or retired judge of a
statutory probate court must certify to the presiding judge a
willingness not to:
(1) appear and plead as an attorney in any court in the
judge's county of residence for a period of two years; and
(2) accept appointment as a guardian ad litem,
guardian of the estate of an incapacitated person, or guardian of
the person of an incapacitated person in any court in the judge's
county of residence for a period of two years.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.03(a), eff.
Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1101, § 1, eff. Aug. 28,
1989; Acts 1993, 73rd Leg., ch. 691, § 1, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 298, § 1, 7, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1064, § 1, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1435, § 1, eff. Sept. 1, 1997; Acts 2001, 77th
Leg., ch. 65, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch.
440, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 468, §
1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 820, § 1, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, § 9.002, eff.
Sept. 1, 2003.
§ 25.00221. VISITING JUDGE TO TAKE OATH;
RECORD. (a) This section applies to the assignment of a retired
or former judge as a visiting judge of a statutory probate court
under Section 25.0022.
(b) A person who is a retired or former judge shall, before
accepting an assignment as a visiting judge of a statutory probate
court, take the oath of office required by the constitution and file
the oath with the presiding judge of the statutory probate courts.
(c) The presiding judge shall maintain a file containing the
oaths of office filed with the judge under Subsection (b).
(d) A retired or former judge may be assigned as a visiting
judge of a statutory probate court only if the judge has filed with
the presiding judge an oath of office as required by this section.
(e) When a retired or former judge is appointed as a
visiting judge, the clerk shall enter in the administrative file as
a part of the proceedings in the cause a record that gives the
visiting judge's name and shows that:
(1) the judge of the court was disqualified, absent,
or disabled to try the cause;
(2) the visiting judge was appointed; and
(3) the oath of office prescribed by law for a retired
or former judge who is appointed as a visiting judge was duly
administered to the visiting judge and filed with the presiding
judge.
(f) "Administrative file" means a file kept by the court
clerk for the court's administrative orders and assigned a cause
number.
Added by Acts 1999, 76th Leg., ch. 960, § 3, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 469, § 2, 3, eff. Sept. 1,
2001.
§ 25.00222. TRANSFER OF CASES. (a) The judge of a
statutory probate court may transfer a cause of action pending in
that court to another statutory probate court in the same county
that has jurisdiction over the cause of action that is transferred.
(b) If the judge of a statutory probate court that has
jurisdiction over a cause of action appertaining to or incident to
an estate pending in the statutory probate court determines that
the court no longer has jurisdiction over the cause of action, the
judge may transfer that cause of action to:
(1) a district court, county court, statutory county
court, or justice court located in the same county that has
jurisdiction over the cause of action that is transferred; or
(2) the court from which the cause of action was
transferred to the statutory probate court under Section 5B or 608,
Texas Probate Code.
(c) When a cause of action is transferred from a statutory
probate court to another court as provided by Subsection (a) or (b),
all processes, writs, bonds, recognizances, or other obligations
issued from the statutory probate court are returnable to the court
to which the cause of action is transferred as if originally issued
by that court. The obligees in all bonds and recognizances taken in
and for the statutory probate court, and all witnesses summoned to
appear in the statutory probate court, are required to appear
before the court to which the cause of action is transferred as if
originally required to appear before the court to which the
transfer is made.
Added by Acts 1999, 76th Leg., ch. 71, § 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 64, § 1, eff. Sept. 1, 2001.
Renumbered from V.T.C.A., Government Code § 25.00221 by Acts
2003, 78th Leg., ch. 1275, § 2(55), eff. Sept. 1, 2003.
§ 25.0023. COMPENSATION OF PROBATE COURT
JUDGES. (a) The commissioners court shall set the annual salary
of each judge of a statutory probate court at an amount that is at
least equal to the total annual salary received by a district judge
in the county. A district judge's or statutory probate court
judge's total annual salary includes contributions and supplements
paid by the state or a county, other than contributions received as
compensation under Section 25.0022(e).
(b) The salary shall be paid in equal monthly installments.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 2001, 77th Leg., ch. 426, § 1, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 1276, § 9.0025, eff. Sept. 1,
2003.
§ 25.0024. COURT COORDINATORS, ADMINISTRATIVE
ASSISTANTS, AND AUDITORS FOR STATUTORY PROBATE COURTS. (a) A
judge of a statutory probate court shall hire with the approval of
the commissioners court through the county budget process a court
coordinator, an administrative assistant, and an auditor for the
court.
(b) Court personnel employed under this section are
entitled to receive a salary set by the commissioners court. The
county shall pay the salary in the same manner that other county
employees are paid.
(c) Court personnel employed under this section are
entitled to receive the same employment benefits, in addition to
salary, that other county employees receive.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 597, § 68, eff. Sept.
1, 1991; Acts 1999, 76th Leg., ch. 410, § 1, eff. Sept. 1, 1999.
§ 25.0025. COURT INVESTIGATORS. (a) The judge of a
statutory probate court shall appoint a court investigator. One
person shall serve as the court investigator for all statutory
probate courts in the county unless the commissioners court has
authorized additional investigators. The commissioners court may
authorize additional court investigators if necessary.
(b) The commissioners court shall set the salary of a court
investigator.
(c) to (e). Repealed by Acts 1995, 74th Leg., ch. 1039, §
72, eff. Sept. 1, 1995.
Added by Acts 1993, 73rd Leg., ch. 905, § 2, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 1039, § 72, eff. Sept. 1,
1995.
§ 25.00255. RECUSAL OR DISQUALIFICATION OF
JUDGE. (a) A party in a hearing or trial in a statutory probate
court may file with the clerk of the court a motion stating grounds
for the recusal or disqualification of the judge. The grounds may
include any disability of the judge to preside over the case.
(b) A motion for the recusal or disqualification of a judge
must:
(1) be filed at least 10 days before the date of the
hearing or trial, except as provided by Subsection (c);
(2) be verified; and
(3) state with particularity the alleged grounds for
recusal or disqualification of the judge based on:
(A) personal knowledge that is supported by
admissible evidence; or
(B) specifically stated grounds for belief of the
allegations.
(c) A motion for recusal or disqualification may be filed at
the earliest practicable time before the beginning of the trial or
other hearing if a judge is assigned to a case 10 or fewer days
before the date set for a trial or hearing.
(d) A party filing a motion for recusal or disqualification
shall serve on all other parties or their counsel:
(1) copies of the motion; and
(2) notice that the movant expects the motion to be
presented to the judge three days after the filing of the motion
unless the judge orders otherwise.
(e) A party may file with the clerk of the court a statement
opposing or concurring with a motion for recusal or
disqualification at any time before the motion is heard.
(f) Before further proceedings in a case in which a motion
for the recusal or disqualification of a judge has been filed, the
judge shall:
(1) recuse himself; or
(2) request that the presiding judge of the statutory
probate courts assign a judge to hear the motion.
(g) A judge who recuses himself:
(1) shall enter an order of recusal and request that
the presiding judge of the statutory probate courts assign a judge
to hear the motion for recusal or disqualification; and
(2) may not take other action in the case except for
good cause stated in the order in which the action is taken.
(h) A judge who does not recuse himself:
(1) shall forward to the presiding judge of the
statutory probate courts, in either original form or certified
copy, an order of referral, the motion for recusal or
disqualification, and all opposing and concurring statements; and
(2) may not take other action in the case during the
time after the filing of the motion for recusal or disqualification
and before a hearing on the motion, except for good cause stated in
the order in which the action is taken.
(i) After receiving a request under Subsection (g) or (h),
the presiding judge of the statutory probate courts shall:
(1) immediately set a hearing before himself or a
judge designated by the presiding judge;
(2) cause notice of the hearing to be given to all
parties or their counsel to the case; and
(3) make other orders, including orders for interim or
ancillary relief, in the pending case.
(j) After a statutory probate court has rendered the final
judgment in a case, a party may appeal an order that denies a motion
for recusal or disqualification as an abuse of the court's
discretion. A party may not appeal an order that grants a motion
for recusal or disqualification.
(k) A party may file a motion for sanctions alleging that
another party in the case filed a motion for the recusal or
disqualification of a judge solely to delay the case and without
sufficient cause. The presiding judge or the judge assigned by the
presiding judge to hear the motion for recusal may approve a motion
for sanctions authorized by Rule 215.2(b), Texas Rules of Civil
Procedure.
Added by Acts 1997, 75th Leg., ch. 1435, § 2, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1420, § 9.0011, eff. Sept.
1, 2001.
§ 25.0026. POWERS AND DUTIES. (a) A statutory probate
court or its judge may issue writs of injunction, mandamus,
sequestration, attachment, garnishment, certiorari, supersedeas,
and all writs necessary for the enforcement of the jurisdiction of
the court. It may issue writs of habeas corpus in cases in which the
offense charged is within the jurisdiction of the court or any court
of inferior jurisdiction in the county.
(b) A statutory probate court or its judge may punish for
contempt as prescribed by general law.
(c) The judge of a statutory probate court has all other
powers, duties, immunities, and privileges provided by law for
county court judges.
(d) The judge of a statutory probate court has no authority
over the county's administrative business that is performed by the
county judge.
Added by Acts 1991, 72nd Leg., ch. 394, § 2, eff. Aug. 26, 1991;
Acts 1991, 72nd Leg., ch. 746, § 7, eff. Oct. 1, 1991.
§ 25.0027. JURIES; PRACTICE AND PROCEDURE. The drawing
of jury panels, selection of jurors, and practice in the statutory
probate courts must conform to that prescribed by law for county
courts, except that practice, procedure, rules of evidence,
issuance of process and writs, juries, including the number of
jurors, and all other matters pertaining to the conduct of trials
and hearings in the statutory probate courts involving those
matters of concurrent jurisdiction with district courts are
governed by the laws and rules pertaining to district courts.
Added by Acts 1991, 72nd Leg., ch. 391, § 2, eff. Aug. 26, 1991.
§ 25.0029. FEES. A judge of a statutory probate court
shall assess the same fees as are prescribed by law relating to
county judges' fees. The clerk of the court shall collect the fees
and pay them into the county treasury on collection. A fee may not
be paid to the judge.
Added by Acts 1991, 72nd Leg., ch. 394, § 2, eff. Aug. 26, 1991.
§ 25.0030. FACILITIES; PERSONNEL. (a) The
commissioners court of each county shall provide the physical
facilities necessary to operate the statutory probate court in each
county.
(b) The county attorney or criminal district attorney and
sheriff shall serve each statutory probate court. The county clerk
shall serve as clerk of each statutory probate court. The court
officials shall perform the duties and responsibilities of their
offices and are entitled to the compensation, fees, and allowances
prescribed by law for those offices.
Added by Acts 1991, 72nd Leg., ch. 394, § 2, eff. Aug. 26, 1991.
§ 25.0031. SEAL. The seal of each statutory probate
court is the same as that provided by law for a county court except
that the seal must contain the name of the statutory probate court
as it appears in this chapter.
Added by Acts 1991, 72nd Leg., ch. 394, § 2, eff. Aug. 26, 1991.
SUBCHAPTER C. PROVISIONS RELATING TO PARTICULAR COUNTIES
§ 25.0041. ANDERSON COUNTY. (a) Anderson County has
one statutory county court, the County Court at Law of Anderson
County.
(b) The County Court at Law of Anderson County sits in
Palestine.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Renumbered from § 25.0031 by Acts 2001, 77th Leg., ch.
1420, § 9.001(c), eff. Sept. 1, 2001.
§ 25.0042. ANDERSON COUNTY COURT AT LAW
PROVISIONS. (a) In addition to the jurisdiction provided by
Section 25.0003 and other law, a county court at law in Anderson
County has:
(1) concurrent jurisdiction with the district court
in:
(A) probate matters and proceedings, including
will contests;
(B) family law cases and proceedings;
(C) criminal cases; and
(D) actions and proceedings under Subtitle B,
Title 9, Property Code; and
(2) concurrent jurisdiction with the county and
district courts over all suits arising under the Family Code.
(a-1) A county court at law also has concurrent jurisdiction
with the district court in felony cases to conduct arraignments,
conduct pretrial hearings, and accept guilty pleas.
(b) A county court at law has four terms of court beginning
on the first Mondays of January, April, July, and October.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff.
Oct. 1, 1991.
(d) The judge of a county court at law may not engage in the
private practice of law.
(e) The salary of the judge of a county court at law shall be
paid out of the county treasury by the commissioners court. The
judge is entitled to travel expenses and necessary office expenses,
including administrative and clerical assistance, in the same
manner as the county judge.
(f) A special judge of a county court at law with the same
qualifications as the regular judge may be appointed or elected in
the manner provided by law for the appointment or election of a
special county judge. If a judge of a county court at law is
disqualified to try a case pending in the judge's court, the parties
or their attorneys may agree on the selection of a special judge for
the case. A special judge is entitled to the same rate of
compensation as the regular judge.
(g) The district clerk serves as clerk of a county court at
law in all cases arising under the Family Code and Section 23.001
and shall establish a separate docket for a county court at law;
the county clerk serves as clerk of the court in all other cases.
The commissioners court may employ as many deputy sheriffs and
bailiffs as are necessary to serve the court.
(h) The judge of a county court at law may appoint an
official court reporter or the judge may contract for the services
of a court reporter under guidelines established by the
commissioners court.
(i) Practice in a county court at law is that prescribed by
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 a county court
at law involving cases under the Family Code and Section 23.001 are
governed by this section and the laws and rules pertaining to
district courts and county courts. If a case under the Family Code
or Section 23.001 is tried before a jury, the jury shall be composed
of 12 members.
(j) 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 court may, on
request of the judge of a county court at law, be made available and
shall serve for the week in a county court at law.
(k) Appeals in all civil cases from judgments and orders of
a county court at law are to the court of appeals as provided for
appeals from district and county courts. Appeals in all criminal
cases are to the court of appeals as provided for appeals from
county courts. All cases appealed from the justice courts and other
inferior courts in Anderson County must be made directly to a county
court at law, unless otherwise provided by law.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1987, 70th Leg., 2nd C.S. ch. 38, § 3, eff.
Oct. 20, 1987; Acts 1989, 71st Leg., ch. 2, § 8.04(a), eff. Aug.
28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.02, eff.
Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 9, eff. Oct. 1,
1991; Acts 1997, 75th Leg., ch. 525, § 1, eff. May 31, 1997.
Renumbered from Acts 2001, 77th Leg., ch. 1420, § 9.001(c).
§ 25.0051. ANGELINA COUNTY. Angelina County has the
following statutory county courts:
(1) the County Court at Law No. 1 of Angelina County;
and
(2) the County Court at Law No. 2 of Angelina County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 614, § 1, eff. Aug.
26, 1991; Acts 1991, 72nd Leg., ch. 746, § 10(a), eff. Oct. 1,
1991; Acts 1993, 73rd Leg., ch. 745, § 1, eff. Aug. 30, 1993.
§ 25.0052. ANGELINA COUNTY COURT AT LAW PROVISIONS.
Text of subsec. (a) as amended by Acts 1991, 72nd Leg., ch. 614,
§ 2
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, a county court at law in Angelina 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
(B) family law cases and proceedings.
Text of subsec. (a) as amended by Acts 1991, 72nd Leg., ch. 746,
§ 10(b)
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, a county court at law in Angelina County has
concurrent jurisdiction with the district court in family law cases
and proceedings.
(b) The commissioners court by order entered of record shall
set at least four terms of court each year for the county court at
law.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff.
Oct. 1, 1991.
(d) The judge of a county court at law shall be paid an
annual salary of at least $14,000. The salary shall be paid out of
the county treasury on order of the commissioners court.
(e) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff.
Oct. 1, 1991.
(f) A special judge of a county court at law may be appointed
in the manner provided by law for the appointment of a special
county judge. A special judge must have the same qualifications,
and is entitled to the same rate of compensation, as the regular
judge.
(g) The commissioners court may employ as many additional
assistant county attorneys, deputy sheriffs, and clerks as are
necessary for the county court at law. Those serving shall perform
the duties and are entitled to the compensation, fees, and
allowances prescribed by law for those offices.
(h) Practice in a county court at law must conform to that
prescribed by law for county courts.
(i) Sections 25.0007 and 25.0011 do not apply to a county
court at law in Angelina County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 614, § 2, eff. Aug.
26, 1991; Acts 1991, 72nd Leg., ch. 746, § 10(b), eff. Oct. 1,
1991.
§ 25.0061. ARANSAS COUNTY. Aransas County has one
statutory county court, the County Court at Law of Aransas County.
Added by Acts 2001, 77th Leg., ch. 688, § 1, eff. June 13, 2001.
§ 25.0062. ARANSAS COUNTY COURT AT LAW
PROVISIONS. (a) In addition to the jurisdiction provided by
Section 25.0003 and other law, a county court at law of Aransas
County has concurrent jurisdiction with the district court in:
(1) family law cases and proceedings; and
(2) felony cases to conduct arraignments, conduct
pretrial hearings, and accept guilty pleas.
(b) The district clerk serves as clerk of a county court at
law in felony cases and family law cases and proceedings, and the
county clerk serves as clerk of a county court at law in all other
cases. The district clerk shall establish a separate docket for a
county court at law. The commissioners court shall provide the
deputy clerks, bailiffs, and other personnel necessary to operate a
county court at law.
(c) The jury is composed of six members unless the
constitution or other law requires a 12-member jury.
Added by Acts 2001, 77th Leg., ch. 688, § 1, eff. June 13, 2001.
Amended by Acts 2003, 78th Leg., ch. 998, § 1, eff. Sept. 1,
2003.
§ 25.0101. AUSTIN COUNTY. Austin County has one
statutory county court, the County Court at Law of Austin County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987.
§ 25.0102. AUSTIN COUNTY COURT AT LAW
PROVISIONS. (a) In addition to the jurisdiction provided by
Section 25.0003 and other law, a county court at law in Austin
County has concurrent jurisdiction with the district court in
family law cases and proceedings.
(b) A county court at law has terms beginning on the first
Mondays of March, June, September, and December of each year.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff.
Oct. 1, 1991.
(d) The judge of a county court at law may not engage in the
private practice of law.
(e) The judge of a county court at law shall be paid an
annual salary that is at least equal to 75 percent of the annual
salary paid by the state to a district judge in the county. The
salary shall be paid by the county treasurer on order of the
commissioners court. The judge is entitled to travel expenses and
necessary office expenses including administrative and clerical
personnel, in the same manner as is allowed the county judge.
(f) A special judge for a county court at law may be
appointed or elected as provided by law for county courts. If the
judge of a county court at law is disqualified to try a case pending
in the judge's court, the parties or their attorneys may agree on
the selection of a special judge. A special judge is entitled to
the same rate of compensation as the regular judge.
(g) The district clerk serves as clerk of a county court at
law in family law cases and proceedings, and the county clerk serves
as clerk of the court in all other cases. The district clerk shall
establish a separate docket for a county court at law. The
commissioners court may employ the assistant district attorneys,
deputy sheriffs, and bailiffs necessary to serve a county court at
law.
(h) Practice in a county court at law is that prescribed by
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
at law involving family law cases and proceedings shall be governed
by this section and the laws and rules pertaining to district
courts. If a family law case or proceeding is tried before a jury,
the jury shall be composed of 12 members; in all other cases the
jury shall be composed of six members.
(i) The jurisdiction and authority vested by law in the
county court for the drawing, selection, and service of jurors
shall also be exercised by a county court at law. Jurors summoned
for the county court or a county court at law may, by order of the
judge of the court to which they are summoned, be transferred to
another court for service. If the judges of the county court and
the county court at law agree, jurors may be summoned for service in
a court and used interchangeably. On request of the county court
judge or the judge of a county court at law, jurors regularly
impaneled for a week by the district court may be made available and
shall serve for the week in the county court or county court at law.
(j) Repealed by Acts 1989, 71st Leg., ch. 861, § 1, eff.
June 14, 1989.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 861, § 1, eff. June
14, 1989; Acts 1991, 72nd Leg., ch. 746, § 11, eff. Oct. 1, 1991.
§ 25.0131. BASTROP COUNTY. Bastrop County has one
statutory county court, the County Court at Law of Bastrop County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987.
§ 25.0132. BASTROP COUNTY COURT AT LAW
PROVISIONS. (a) In addition to the jurisdiction provided by
Section 25.0003 and other law, a county court at law in Bastrop
County has concurrent jurisdiction with the district court in
family law cases and proceedings.
(b) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff.
Oct. 1, 1991.
(c) The judge of a county court at law shall be paid an
annual salary paid out of the county treasury that does not exceed
90 percent of the salary paid by the state to a district judge in the
county. The judge is entitled to travel expenses and necessary
office expenses, including administrative and clerical help, in the
same manner as the county judge.
(d) A special judge for a county court at law may be
appointed or elected in the manner provided by law for the
appointment or election of a special county judge. If the judge of
a county court at law is disqualified to try a case pending in the
judge's court, the parties or their attorneys may agree on the
selection of a special judge. The special judge must have the same
qualifications as the regular judge. A special judge is entitled to
the same rate of compensation as the regular judge.
(e) The district clerk serves as clerk of a county court at
law in family law cases and proceedings, and the county clerk serves
as clerk of the court in all other cases. The district clerk shall
establish a separate docket for a county court at law. The
commissioners court may employ as many deputy sheriffs and bailiffs
as are necessary to serve a county court at law.
(f) Practice in a county court at law is that prescribed by
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 a county court
at law involving family law cases and proceedings is that
prescribed by law for district courts and county courts. If a
family law case or proceeding is tried before a jury, the jury shall
be composed of 12 members.
(g) The laws governing the drawing, selection, service, and
pay of jurors for county courts apply to a county court at law.
(h) Jurors regularly impaneled for a week by the district
court may, on request of the judge of a county court at law, be made
available and shall serve for the week in the county court at law.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 12, 70, eff.
Oct. 1, 1991.
§ 25.0151. BEE COUNTY. Bee County has one statutory
county court, the County Court at Law of Bee County.
Added by Acts 1995, 74th Leg., ch. 702, § 1, eff. Aug. 28, 1995.
§ 25.0152. BEE COUNTY COURT AT LAW PROVISIONS. (a) In
addition to the jurisdiction provided by Section 25.0003 and other
law, a county court at law in Bee County has:
(1) concurrent jurisdiction with the district court in
family law cases and proceedings; and
(2) notwithstanding any law granting exclusive
jurisdiction to the district court, concurrent jurisdiction with
the district court in criminal cases.
(b) A county court at law has concurrent jurisdiction with
the justice court in all criminal matters prescribed by law for
justice courts. This subsection does not affect the right of appeal
to a county court at law from a justice court where the right of
appeal to the county court exists by law.
(c) The judge may appoint a court coordinator or
administrative assistant for a county court at law. A court
coordinator or administrative assistant performs the duties
prescribed by the judge and cooperates with the administrative
judges and state agencies for the uniform and efficient operation
of the courts and the administration of justice. The court
coordinator or administrative assistant is entitled to be paid from
county funds the compensation, fees, and allowances set by the
commissioners court or as otherwise provided by law.
(d) The district clerk serves as clerk of a county court at
law in matters of concurrent jurisdiction with the district court,
and the county clerk shall serve as clerk of a county court at law in
all other cases. The commissioners court shall provide the deputy
clerks, bailiffs, and other personnel necessary to operate a county
court at law.
(e) The county attorney and the county sheriff shall attend
a county court at law as required by the judge.
(f) A judge of a county court at law in Bee County may not be
assigned under Chapter 74 to serve as a visiting judge in Bexar,
Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
Tarrant, or Travis County.
Added by Acts 1995, 74th Leg., ch. 702, § 1, eff. Aug. 28, 1995.
§ 25.0161. BELL COUNTY. Bell County has the following
statutory county courts:
(1) County Court at Law No. 1 of Bell County;
(2) County Court at Law No. 2 of Bell County; and
(3) County Court at Law No. 3 of Bell County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1995, 74th Leg., ch. 366, § 1, eff. Aug.
28, 1995.
§ 25.0162. BELL COUNTY COURT AT LAW
PROVISIONS. (a) The judge of County Court at Law No. 3 of Bell
County is prohibited from being assigned under Chapter 74 as a
visiting judge in Bexar, Dallas, Ector, Fort Bend, Harris,
Jefferson, Lubbock, Midland, Tarrant, or Travis County.
(b) The commissioners court, by an order entered of record,
shall prescribe at least four terms of court each year for a county
court at law.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff.
Oct. 1, 1991.
(d) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff.
Oct. 1, 1991.
(e) The judge of a county court at law shall be paid an
annual salary in an amount not to exceed the salary set by the
commissioners court for the county judge. The salary shall be paid
out of the county treasury on order of the commissioners court.
(f) The judge of a county court at law may not appear and
plead as an attorney in a court of record in this state.
(g) A special judge of a county court at law may be appointed
in the manner provided by law for the appointment of a special
county judge. A special judge must have the same qualifications and
is entitled to the same rate of compensation as the regular judge.
(h) Practice in a county court at law is that prescribed by
law for county courts.
(i) Jurors regularly impaneled for the week by the district
court may, at the request of the county judge or the judge of a
county court at law, be made available by the district judge in the
numbers requested and shall serve for the week in the county court
or a county court at law.
(j) Section 25.0011 does not apply to a county court at law
in Bell County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct.
1, 1991; Acts 1995, 74th Leg., ch. 366, § 2, eff. Aug. 28, 1995.
§ 25.0171. BEXAR COUNTY. (a) Repealed by Acts 1999,
76th Leg., ch. 42, § 4, eff. Sept. 1, 1999.
(b) Bexar County has the following county courts at law:
(1) County Court at Law No. 1 of Bexar County, Texas;
(2) County Court at Law No. 2 of Bexar County, Texas;
(3) County Court at Law No. 3 of Bexar County, Texas;
(4) County Court at Law No. 4 of Bexar County, Texas;
(5) County Court at Law No. 5 of Bexar County, Texas;
(6) County Court at Law No. 6 of Bexar County, Texas;
(7) County Court at Law No. 7 of Bexar County, Texas;
(8) County Court at Law No. 8 of Bexar County, Texas;
(9) County Court at Law No. 9 of Bexar County, Texas;
(10) County Court at Law No. 10 of Bexar County, Texas;
(11) County Court at Law No. 11 of Bexar County, Texas;
and
(12) County Court at Law No. 12 of Bexar County, Texas.
(c) Bexar County also has the following statutory probate
courts:
(1) Probate Court No. 1 of Bexar County, Texas; and
(2) Probate Court No. 2 of Bexar County, Texas.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 410, § 1, eff. Sept.
1, 1989; Acts 1999, 76th Leg., ch. 42, § 1, 4, eff. Sept. 1,
1999.
§ 25.0172. BEXAR COUNTY COURT AT LAW
PROVISIONS. (a) The County Court at Law No. 1 shall give
preference to criminal cases.
(b) The County Court at Law No. 10 shall give preference to
civil cases.
(c) The County Courts at Law Nos. 4, 6, 11, and 12 shall give
preference to criminal cases and appeals de novo from the municipal
and justice courts.
(d) The County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11,
and 12 have six terms of court beginning on the first Mondays in
January, March, May, July, September, and November. The County
Court at Law No. 2 has six terms of court beginning on the first
Mondays in February, April, June, August, October, and December.
(e) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff.
Oct. 1, 1991.
(f) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff.
Oct. 1, 1991.
(g) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff.
Oct. 1, 1991.
(h) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff.
Oct. 1, 1991.
(i) A bond is not required of the judges of the County Courts
at Law Nos. 2, 3, and 5.
(j) The judge of a county court at law shall be paid an
annual salary in an amount not less than $25,000 and not more than
the total annual salary, including supplements, paid a district
judge in the county. The compensation shall be paid out of the
county's general fund or officers' salary fund. The commissioners
court shall consider the financial condition of the county and the
duties and needs of the county court at law judges in setting the
salaries of the judges. Before raising a salary the commissioners
court must publish notice containing information of the salaries
affected and the amount of the proposed raise in a newspaper of
general circulation in the county. The commissioners court may
raise the salaries of the county court at law judges only after 10
days' notice and only at a regular meeting of the commissioners
court.
(k) A special judge for the County Court at Law No. 2, 3, or
5 may be appointed or elected in the manner provided by general law
for the appointment or election of a special district or county
judge. A special judge is entitled to receive for services
performed the same rate of compensation as the regular judge. The
compensation shall be paid out of the county's general fund by
warrants drawn on the county treasury on order of the commissioners
court. The compensation paid a special judge may not be deducted
from the salary of the regular judge.
(l) If the judge of the County Court at Law No. 4, 6, 7, 8, 9,
10, 11, or 12 is absent, disabled, or disqualified from presiding, 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 must take the oath of office required by law for the
regular judge. A special judge has the power and jurisdiction of
the court and of the regular judge for whom the special judge is
sitting and may sign orders, judgments, decrees, and other process
of any kind as "Judge Presiding." A special judge is entitled to
receive for services performed the same amount of compensation as
the regular judge, to be paid out of county funds. The compensation
paid a special judge may not be deducted from the salary of the
regular judge.
(m) The county sheriff shall, in person or by deputy, attend
the County Court at Law No. 2 as required by the judge. The county
sheriff serves the county courts at law as provided by Section
25.0010(b).
(n) The criminal district attorney shall attend the County
Court at Law No. 4, 6, 7, 8, 9, 10, 11, or 12 as required by the
judge. The criminal district attorney serves the county courts at
law as provided by Section 25.0010(b).
(o) The judge of the County Court at Law No. 4 or 6 may
appoint a court coordinator or administrative assistant for the
court. The judge of the County Court at Law No. 7, 8, 9, 10, 11, or
12 may, with the approval of the commissioners court, appoint a
court coordinator or administrative assistant for the court. A
court coordinator or administrative assistant performs the duties
prescribed by the judge and cooperates with the administrative
judges and state agencies for the uniform and efficient operation
of the courts and the administration of justice. The court
coordinator or administrative assistant is entitled to be paid from
county funds the compensation, fees, and allowances that are set by
the commissioners court or as otherwise provided by law. These
provisions are in addition to the provisions in Subchapter F,
Chapter 75.
(p) The county clerk shall keep a separate docket for each
county court at law. The county clerk shall appoint a deputy clerk
for each county court at law. An appointment of a deputy clerk of
County Court at Law No. 2 or 3 takes effect when it is confirmed in
writing by the judge of the court to which the deputy clerk is
assigned and the deputy clerk serves at the pleasure of the judge of
the court to which he is assigned. A deputy clerk must take the
constitutional oath of office and may be required to furnish bond in
an amount, conditioned and payable, as required by the county
clerk. A deputy clerk must attend all sessions of the court to
which he is assigned. A deputy clerk acts in the name of the county
clerk and may perform any official act or service required of the
county clerk and shall perform any other service required by the
judge of a county court at law. The deputy clerks may act for one
another in performing services for the county courts at law, but a
deputy is not entitled to receive additional compensation for
acting for another deputy. If a vacancy occurs, the county clerk
shall immediately appoint another deputy clerk as provided by this
subsection. A deputy clerk of a county court at law is entitled to
the same amount of compensation as received by the deputy clerks of
the other county courts at law in Bexar County. The commissioners
court shall pay the salary of a deputy clerk in equal monthly
installments from county funds.
(q) The county sheriff shall appoint a deputy sheriff for
each county court at law. An appointment of a deputy sheriff of
County Court at Law No. 2 or 3 takes effect when it is confirmed in
writing by the judge of the court to which the deputy is assigned
and the deputy serves at the pleasure of the judge of the court to
which he is appointed. A deputy sheriff must take the
constitutional oath of office and may be required to furnish bond in
an amount, conditioned and payable, as required by the sheriff. A
deputy sheriff must attend all sessions of the court to which the
deputy is assigned. A deputy sheriff acts in the name of the
sheriff and may perform any official act or service required of the
sheriff and shall perform any other service required by the judge of
the county court at law. The deputy sheriffs may act for one
another in performing services for the county courts at law, but a
deputy is not entitled to receive additional compensation for
acting for another deputy. If a vacancy occurs, the sheriff shall
immediately appoint another deputy as provided by this subsection.
A deputy sheriff of a county court at law is entitled to the same
amount of compensation as received by the deputies of the other
county courts at law in Bexar County. The commissioners court shall
pay the salary of a deputy sheriff in equal monthly installments
from county funds.
(r) The assistant prosecuting attorneys of the County
Courts at Law Nos. 2, 3, and 5 are entitled to receive equal amounts
of compensation to be paid in equal monthly installments by
warrants drawn against the county's general fund on order of the
commissioners court.
(s) Practice in a county court at law is that prescribed by
law for county courts. Appeals and writs of error may be taken from
judgments and orders of a county court at law, in civil and criminal
cases, in the manner prescribed by law relating to appeals and writs
of error from a county court. Appeals may be taken from
interlocutory orders of a county court at law appointing a
receiver, overruling a motion to vacate, or overruling an order
appointing a receiver, and the procedure and manner in which
appeals from interlocutory orders are taken are governed by the
laws relating to the appeals from similar orders of district
courts.
(t) The jurisdiction and authority for the service and
selection of jurors prescribed by law for a county court applies to
the County Court at Law No. 2.
(u) The official court reporter of a county court at law is
entitled to receive an annual salary set by the judge and approved
by the commissioners court at an amount not less than $35,256. The
official court reporter's fee shall be taxed as costs in civil
actions in County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and
12 in the same manner as that fee is taxed in district court. In
County Court at Law No. 2, the clerk collects the official court
reporters' fee of $3 and pays it into the county treasury in the
same manner as district clerks are required to collect and pay
costs.
(v) Section 25.0006(a) does not apply to County Courts at
Law Nos. 4, 6, 7, 8, 9, 10, 11, and 12 of Bexar County. Section
25.0006(b) does not apply to County Courts at Law Nos. 3, 4, 5, 6, 7,
8, 9, 10, 11, and 12 of Bexar County.
(w) This section does not apply to the County Court at Law
No. 1 and Probate Court.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.05(a), eff.
Aug. 28, 1989; Acts 1989, 71st Leg., ch. 410, § 2, 3, eff. Sept.
1, 1989; Acts 1989, 71st Leg., ch. 1066, § 1, eff. June 14, 1989;
Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts
1999, 76th Leg., ch. 42, § 2, eff. Sept. 1, 1999.
§ 25.0173. BEXAR COUNTY PROBATE COURTS. (a) A
statutory probate court in Bexar County has the general
jurisdiction of a probate court as provided by Section 25.0021.
Probate Courts Nos. 1 and 2 have eminent domain jurisdiction and
jurisdiction to decide the issue of title to real or personal
property. Notwithstanding the local rules adopted under Section
74.093, the county clerk shall docket all eminent domain cases
equally in Probate Court No. 1 and Probate Court No. 2.
(b) Repealed by Acts 1999, 76th Leg., ch. 42, § 4, eff.
Sept. 1, 1999.
(c) A statutory probate court has six terms of court
beginning on the first Mondays in January, March, May, July,
September, and November.
(d) The judge of a statutory probate court must:
(1) be well informed in the laws of the state; and
(2) have been a licensed and practicing member of the
state bar for at least five years.
(e) A bond is not required of a judge of a statutory probate
court.
(f) The judge of a statutory probate court shall be paid an
annual salary in an amount not less than the total annual salary,
including supplements, received by the judge of a district court in
the county.
(g) The county clerk shall appoint a deputy clerk for each
statutory probate court. An appointment takes effect when it is
confirmed in writing by the judge of the court to which the deputy
clerk is assigned. A deputy clerk serves at the pleasure of the
judge of the court to which the deputy clerk is assigned. A deputy
clerk must take the constitutional oath of office, and the county
clerk may require the deputy clerk to furnish a bond in an amount,
conditioned and payable, as required by law. A deputy clerk acts in
the name of the county clerk and may perform any official act or
service required of the county clerk and shall perform any other
service required by the judge of a statutory probate court. A
deputy clerk must attend all sessions of the court to which he is
assigned. A deputy clerk is entitled to receive an annual salary
set by the judge in an amount that does not exceed the amount paid
the deputies of the county courts at law of Bexar County. The
salary shall be paid in equal monthly installments as provided by
law for the payment of salaries of deputy clerks.
(h) The county sheriff shall appoint a deputy sheriff for
each statutory probate court. An appointment takes effect when it
is confirmed in writing by the judge of the court to which the
deputy is appointed. A deputy sheriff serves at the pleasure of the
court to which the deputy is appointed. A deputy sheriff must take
the constitutional oath of office and may be required to furnish a
bond in an amount, conditioned and payable, as required by the
sheriff. A deputy sheriff acts in the name of the sheriff and may
perform any official act or service required of the sheriff and
shall perform any other service required by the judge of a statutory
probate court. A deputy sheriff must attend all sessions of the
court to which he is assigned. The deputy sheriffs may act for one
another in performing services for the statutory probate courts,
but a deputy is not entitled to receive additional compensation for
acting for another deputy. A deputy sheriff is entitled to receive
an annual salary set by the judge at an amount that does not exceed
the amount paid the deputy sheriffs of the county courts at law of
Bexar County. The salary shall be paid in equal monthly
installments as provided by law for the payment of salaries of
deputy sheriffs.
(i) Practice and procedure in a statutory probate court are
as prescribed by law for county courts.
(j) Appeals may be taken from interlocutory orders
appointing a receiver and overruling a motion to vacate an order
appointing a receiver in Probate Court No. 2. The procedure and
manner in which appeals from interlocutory orders are taken are
governed by the laws relating to appeals from similar orders of
district courts.
(k) The judge of a statutory probate court may appoint an
administrative assistant and an auditor to aid in the performance
of the judge's duty. The administrative assistant and auditor are
each entitled to receive a salary set by the judge and approved by
the commissioners court to be paid monthly out of the county's
general fund or any fund available for the purpose. An order
recognizing the appointment of an assistant and auditor and
approving the salary of each shall be entered on the minutes of the
court. The appointment continues until changed by order of the
judge of the court in which the administrative assistant and
auditor serve.
(l) The official court reporter of a statutory probate court
is entitled to receive an annual salary set by the judge and
approved by the commissioners court at an amount not less than
$35,256.
(m) Repealed by Acts 1991, 72nd Leg., ch. 394, § 4, eff.
Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1,
1991.
(n) Probate Court No. 1 has primary responsibility for
mental illness proceedings.
(o) Notwithstanding the local rules adopted under Section
74.093, the county clerk shall docket all mental health matters in
Probate Court No. 1 and shall docket all even-numbered probate
cases in Probate Court No. 2 and all odd-numbered probate cases in
Probate Court No. 1.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 410, § 4, 5, eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 394, § 4, eff. Aug. 26,
1991; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991;
Acts 1999, 76th Leg., ch. 42, § 3, 4, eff. Sept. 1, 1999.
§ 25.0211. BOWIE COUNTY. Bowie County has one statutory
county court, the County Court at Law of Bowie County.
Added by Acts 1999, 76th Leg., ch. 1144, § 1, eff. Jan. 1, 2001.
§ 25.0212. BOWIE COUNTY COURT AT LAW
PROVISIONS. (a) In addition to the jurisdiction provided by
Section 25.0003 and other law and except as limited by Subsection
(b), a county court at law in Bowie County has, concurrent with the
district court, the jurisdiction provided by the constitution and
by general law for district courts.
(b) A county court at law does not have general supervisory
control or appellate review of the commissioners court or
jurisdiction of:
(1) felony criminal matters;
(2) suits on behalf of the state to recover penalties
or escheated property;
(3) misdemeanors involving official misconduct;
(4) contested elections; or
(5) civil cases in which the matter in controversy
exceeds $100,000, excluding interest, statutory or punitive
damages and penalties, and attorney's fees and costs, as alleged on
the face of the petition.
(c) The judge of a county court at law must have the same
qualifications as those required by law for a district judge.
(d) The judge of a county court at law shall be paid an
annual salary that is at least equal to 60 percent, but does not
exceed 80 percent, of the annual salary that is paid to a district
judge in Bowie County, including any supplements or contributions
payable by the state or Bowie County. The salary shall be paid from
the same fund and in the same manner as other county officials in
Bowie County are paid.
(e) The judge of a county court at law may not engage in the
private practice of law.
(f) The commissioners court may authorize the judge of a
county court at law to set the official court reporter's salary.
(g) At the request of the judge of a county court at law,
jurors regularly impaneled by the district court for a week may be
made available and shall serve for the week in the county court at
law.
(h) The district clerk serves as clerk of a county court at
law in matters of concurrent jurisdiction with the district courts,
and the county clerk serves as clerk of a county court at law in all
other matters. Each clerk shall establish a separate docket for a
county court at law.
Added by Acts 1999, 76th Leg., ch. 1144, § 1, eff. Jan. 1, 2001.
§ 25.0221. BRAZORIA COUNTY. Brazoria County has the
following statutory county courts:
(1) County Court at Law No. 1 and Probate Court of
Brazoria County;
(2) County Court at Law No. 2 and Probate Court of
Brazoria County; and
(3) County Court at Law No. 3 and Probate Court of
Brazoria County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987.
§ 25.0222. BRAZORIA STATUTORY COUNTY COURT
PROVISIONS. (a) In addition to the jurisdiction provided by
Section 25.0003 and other law, a statutory county court in Brazoria
County has concurrent jurisdiction with the district court in:
(1) civil cases in which the matter in controversy
exceeds $500 but does not exceed $100,000, excluding interest,
statutory damages and penalties, and attorney's fees and costs, as
alleged on the face of the petition;
(2) appeals of final rulings and decisions of the
Texas Workers' Compensation Commission, regardless of the amount in
controversy; and
(3) family law cases and proceedings and juvenile
jurisdiction under Section 23.001.
(b) A statutory county court may enforce an order of the
family district court for the 300th Judicial District relating to a
family law matter.
(c) A statutory county court shall be primarily responsible
for and give preference to:
(1) cases in which its jurisdiction is concurrent with
the county court;
(2) eminent domain proceedings and cases;
(3) proceedings under Title 3 of the Family Code; and
(4) civil cases in which the amount in controversy
does not exceed $20,000, excluding interest.
(d) The commissioners court, by order entered of record,
shall set at least four terms a year for each statutory county
court.
(e) A judge of a statutory county court must have the
qualifications required by law for a district judge.
(f) A judge of a statutory county court shall be paid annual
compensation in an amount that is not less than the amount that is
$1,000 less than the annual salary paid to the district judges of
the county from all sources. The salary shall be paid out of the
county treasury on order of the commissioners court.
(g) In addition to the fees assessed under Section 25.0008,
a statutory county court judge shall assess the fees prescribed by
law for district judges according to the nature of the matter.
(h) A judge may be removed from office in the same manner and
for the same reasons as a district judge.
(i) A judge of a statutory county court may not engage in the
private practice of law.
(j) A special judge of a statutory county court may be
appointed in the manner provided by law for the appointment of a
special county judge. A special judge must have the same
qualifications and is entitled to the same rate of compensation as
the regular judge.
(k) The district clerk serves as clerk of the statutory
county courts in cases instituted in the district courts in which
the district courts and statutory county courts have concurrent
jurisdiction, and the county clerk serves as clerk for all other
cases. The commissioners court may employ as many additional
assistant criminal district attorneys, deputy sheriffs, and deputy
clerks as are necessary to serve the statutory county courts.
(l) The official court reporter of a statutory county court
is entitled to the same compensation as the reporters of the
district courts of Brazoria County, to be paid by the county
treasurer out of the general fund of the county.
(m) When a jury trial is requested in a case of concurrent
jurisdiction between the district courts and statutory county
courts, and the case was instituted in district court, the jury
shall be composed of 12 members. In all other cases in which a jury
trial is requested in the statutory county courts the jury shall be
composed of six jurors.
(n) Jurors regularly impaneled for the week by the district
courts of Brazoria County may, at the request of the judge of a
statutory county court, be made available by the district judges in
the numbers requested and shall serve for the week in the statutory
county court.
(o) Repealed by Acts 1991, 72nd Leg., ch. 394, § 4, eff.
Aug. 26, 1991.
(p) In addition to other assignments provided by law, a
judge of a statutory county court in Brazoria County is subject to
assignment under Subchapter C, Chapter 74, to any county in the
Second Administrative Judicial Region other than Harris County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.03,
eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 394, § 4, eff. Aug.
26, 1991; Acts 1991, 72nd Leg., ch. 726, § 1, 2, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 746, § 13, eff. Oct. 1, 1991.
§ 25.0231. BRAZOS COUNTY. Brazos County has the
following statutory county courts:
(1) County Court at Law No. 1 of Brazos County; and
(2) County Court at Law No. 2 of Brazos County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.06(a), eff.
Aug. 28, 1989.
§ 25.0232. BRAZOS COUNTY COURT AT LAW
PROVISIONS. (a) In addition to the jurisdiction provided by
Section 25.0003 and other law, a county court at law in Brazos
County has concurrent jurisdiction with the district court in
family law cases and proceedings.
(b) A county court at law has the same terms of court as the
County Court of Brazos County.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff.
Oct. 1, 1991.
(d) The judge of a county court at law may not engage in the
private practice of law.
(e) The judge of a county court at law shall be paid an
annual salary that is at least equal to the amount paid the county
judge. The salary shall be paid from the same fund and in the same
manner as other county officials are paid. The judge is entitled to
travel and necessary office expenses, including administrative and
clerical assistance, in the same manner as the county judge.
(f) A special judge of a county court at law with the same
qualifications as the regular judge may be appointed or elected in
the manner provided by law for the appointment or election of a
special county judge. If a judge is disqualified to try a case
pending in the judge's court, the parties or their attorneys may
agree on the selection of a special judge for the case. A special
judge is entitled to the same rate of compensation as the regular
judge.
(g) The district clerk serves as clerk of a county court at
law in matters of concurrent jurisdiction with the district court,
and the county clerk serves as clerk of a county court at law in all
other cases.
(h) Practice in a county court at law is that prescribed by
law for county courts.
(i) 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 court may, on
request of a judge of a county court at law, be made available and
shall serve for the week in the judge's court.
(j) Section 25.0008 does not apply to a county court at law
in Brazos County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 14, 70, eff.
Oct. 1, 1991.
§ 25.0271. BROWN COUNTY. Brown County has one statutory
county court, the County Court at Law of Brown County.
Added by Acts 2001, 77th Leg., ch. 513, § 1, eff. Aug. 27, 2001.
§ 25.0272. BROWN COUNTY COURT AT LAW
PROVISIONS. (a) In addition to the jurisdiction provided by
Section 25.0003 and other law, a county court at law of Brown County
has concurrent jurisdiction with the district court in:
(1) family law cases and proceedings; and
(2) felony criminal cases.
(b) The commissioners court by order entered of record shall
set at least two terms of court each year for each county court at
law.
(c) A judge of a county court at law may not engage in the
private practice of law.
(d) The salary of a judge of a county court at law shall be
set by the commissioners court in accordance with law and shall be
paid out of the county treasury on orders from the commissioners
court.
(e) A special judge of a county court at law may be appointed
in the manner provided by law for the appointment of a special
county judge. A special judge must have the same qualifications and
is entitled to the same rate of compensation as the regular judge.
(f) The district clerk serves as the clerk of a county court
at law in matters in which the county court at law has concurrent
jurisdiction with the district court. The county clerk serves as
the clerk of a county court at law in all other matters.
Added by Acts 2001, 77th Leg., ch. 513, § 1, eff. Aug. 27, 2001.
§ 25.0291. BURNET COUNTY. Burnet County has one
statutory county court, the County Court at Law of Burnet County.
Added by Acts 1997, 75th Leg., ch. 1003, § 1, eff. Sept. 1, 1997.
§ 25.0292. BURNET COUNTY COURT AT LAW
PROVISIONS. (a) Except as provided by Subsection (k), in
addition to the jurisdiction provided by Section 25.0003 and other
law, a county court at law in Burnet County has concurrent
jurisdiction with the district court in family law cases and
proceedings, including juvenile cases.
(b) A county court at law has the same terms of court as the
County Court of Burnet County.
(c) A special judge of a county court at law may be appointed
or elected in the manner provided by law for the appointment or
election of a special county judge.
(d) The district clerk serves as clerk of a county court at
law in matters of concurrent jurisdiction with the district court.
The county clerk serves as clerk of a county court at law in all
other cases. The district clerk shall establish a separate docket
for each county court at law.
(e) Except as provided by Subsection (f), a judge of a
county court at law shall be paid an annual salary set by the
commissioners court in an amount that is at least equal to the
amount that is $1,000 less than the total annual salary, including
contributions and supplements, received by a district judge in the
county. The salary of the judge shall be paid in equal monthly
installments out of the county treasury by the commissioners court.
(f) The Commissioners Court of Burnet County shall set the
salary of each judge of a county court at law who engages in the
private practice of law or in whose court fees and costs under
Sections 51.702(a) and (b) are not collected.
(g) The county sheriff, in person or by deputy, shall attend
a county court at law as required by the judge.
(h) Practice in a county court at law is that prescribed by
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 a county court
at law involving family law cases and proceedings are governed by
this section and the laws and rules pertaining to district courts.
If a family law case or proceeding is tried before a jury, the jury
shall be composed of 12 members.
(i) The laws governing the drawing, selection, and service
of jurors for a county court apply to a county court at law. On
request of the county judge or the judge of a county court at law,
jurors regularly impaneled for a week by the district court may be
made available and shall serve for the week in the county court or a
county court at law.
(j) The official court reporter of a county court at law is a
sworn officer of the court who holds office at the pleasure of the
court. The official court reporter of a county court at law is
entitled to receive compensation in an amount that is at least equal
to the compensation received by the lowest-paid official court
reporter in the district court in the county. The compensation
shall be paid in the same manner as compensation for a district
court reporter is paid.
(k) Section 25.0003(c)(2) does not apply to a county court
at law in Burnet County.
Added by Acts 1997, 75th Leg., ch. 1003, § 1, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 582, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 616, § 3, eff. Sept. 1, 2003.
§ 25.0301. CALDWELL COUNTY. Caldwell County has one
statutory county court, the County Court at Law of Caldwell County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987.
§ 25.0302. CALDWELL COUNTY COURT AT LAW
PROVISIONS. (a) In addition to the jurisdiction provided by
Section 25.0003 and other law, a county court at law in Caldwell
County has concurrent jurisdiction with the district court in
family law cases and proceedings.
(b) A county court at law has the same terms of court as the
County Court of Caldwell County.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff.
Oct. 1, 1991.
(d) A special judge of a county court at law may be appointed
or elected in the manner provided by law for the appointment or
election of a special county judge. If the judge of a county court
at law is disqualified to try a case pending in the judge's court,
the parties or their attorneys may agree on the selection of a
special judge for the case. A special judge is entitled to the same
rate of compensation as the regular judge.
(e) The district clerk serves as clerk of a county court at
law in family law cases and proceedings, and the county clerk serves
as clerk of the court in all other cases and proceedings. The
district clerk shall establish a separate docket for a county court
at law. The commissioners court may employ the assistant district
attorneys, deputy sheriffs, and bailiffs necessary to serve each
county court at law.
(f) Practice in a county court at law is that prescribed by
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 a county court
at law involving family law cases and proceedings shall be governed
by this section and the laws and rules pertaining to district
courts. If a family law case or proceeding is tried before a jury,
the jury shall be composed of 12 members.
(g) The laws governing the drawing, selection, and service
of jurors for a county court apply to a county court at law. On
request of the county judge or the judge of a county court at law,
jurors regularly impaneled for a week by the district court may be
made available and shall serve for the week in either the county
court or a county court at law.
(h) Section 25.0005(b) does not apply to a county court at
law in Caldwell County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 15, 70, eff.
Oct. 1, 1991.
§ 25.0311. CALHOUN COUNTY. Calhoun County has one
statutory county court, the County Court at Law No. 1 of Calhoun
County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987.
§ 25.0312. CALHOUN COUNTY COURT AT LAW
PROVISIONS. (a) In addition to the jurisdiction provided by
Section 25.0003 and other law, and except as limited by Subsection
(b), a county court at law in Calhoun County has the jurisdiction
provided by the constitution and by general law for district
courts.
(b) A county court at law does not have general supervisory
control or appellate review of the commissioners court or
jurisdiction of:
(1) felony cases other than writs of habeas corpus;
(2) misdemeanors involving official misconduct;
(3) contested elections; or
(4) appeals from county court.
(c) A county court at law has a term of court that begins
January 1 and ends December 31 of each year.
(d) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff.
Oct. 1, 1991.
(e) The judge of a county court at law may not engage in the
private practice of law.
(f) The salary of the judge of a county court at law shall be
paid semimonthly in equal installments by the county treasurer on
order of the commissioners court. The judge is entitled to travel
expenses and necessary office expenses, including administrative
and clerical assistance, as authorized by the commissioners court.
(g) The official court reporter of a county court at law is
entitled to receive a salary set by the commissioners court. The
salary shall be paid semimonthly by the commissioners court out of
funds available for that purpose.
(h), (i) Repealed by Acts 1989, 71st Leg., ch. 1134, § 8,
eff. Sept. 1, 1989.
(j) Jurors summoned for the county court, a county court at
law, or a district court in the county may by order of the judge of
the court to which they are summoned be transferred to another court
for service and may be used as if summoned for the court to which
they are transferred.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.07(a), eff.
Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1134, § 1 to 8, eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1,
1991.
§ 25.0331. CAMERON COUNTY. (a) Cameron County has the
following statutory county courts:
(1) County Court at Law No. 1 of Cameron County;
(2) County Court at Law No. 2 of Cameron County; and
(3) County Court at Law No. 3 of Cameron County.
(b) The county courts at law of Cameron County sit in
Brownsville.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1997, 75th Leg., ch. 1444, § 1, eff. Sept.
1, 1997.
§ 25.0332. CAMERON COUNTY COURT AT LAW
PROVISIONS. (a) In addition to the jurisdiction provided by
Section 25.0003 and other law, a county court at law in Cameron
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
civil cases in which the amount in controversy exceeds $500 but does
not exceed $1 million, excluding interest.
(b) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff.
Oct. 1, 1991.
(c) An appeal or writ of error may not be taken to a court of
appeals from a final judgment of a county court at law if:
(1) the court had original or appellate jurisdiction
with the justice court; and
(2) the judgment or amount in controversy does not
exceed $100, excluding interest and costs.
(d) Appeals from the justice court and other inferior courts
in Cameron County must be made directly to a county court at law.
(e) A county court at law has six terms of court a year
beginning on the first Mondays of January, March, May, July,
September, and November.
(f) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff.
Oct. 1, 1991.
(g) The judge of a county court at law may not engage in the
private practice of law.
(h) The judge of a county court at law shall be paid an
annual salary that does not exceed 90 percent of the amount paid
district judges in the county. The salary shall be paid out of the
county treasury on orders of the commissioners court.
(i) A special judge of a county court at law may be appointed
or elected as provided by law for special county judges. A special
judge of a county court at law shall be compensated as provided by
law for special county judges.
(j) The county clerk may appoint a deputy to attend the
county courts at law.
(k) The county sheriff shall, either in person or by deputy,
attend the County Court at Law No. 1 of Cameron County as required
by the judge. The county sheriff serves the other county courts at
law as provided by Section 25.0010(b).
(l) The jurisdiction and authority vested by law in the
county court for the drawing, selection, and service of jurors
shall be exercised by the county courts at law. Jurors summoned for
the county court or a county court at law may, by order of the judge
of the court to which they were summoned, be transferred to any of
the other courts for service and may be used as if summoned by the
court to which they were transferred. If the judges of the county
court and county courts at law agree, jurors may be summoned for
service in all of the courts and used interchangeably in the courts.
(m) Jurors regularly impaneled for the week by the district
courts may, on request of the county judge or a judge of a county
court at law, be made available by the district judge in the numbers
requested for service for the week in the county court or county
courts at law. The jurors shall serve in the county court or county
courts at law as if they had been drawn and selected for that court.
(n) Section 25.0006(a) does not apply to County Court at Law
No. 1 of Cameron County. Section 25.0008 does not apply to County
Court at Law No. 2 of Cameron County.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 688, § 1, eff. June
16, 1991; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991;
Acts 1997, 75th Leg., ch. 1444, § 2, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 777, § 1, eff. Sept. 1, 1999.
§ 25.0391. CHEROKEE COUNTY. (a) Cherokee County has
one statutory county court, the County Court at Law of Cherokee
County.
(b) A county court at law of Cherokee County sits in Rusk.
Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1,
1987.
§ 25.0392. CHEROKEE COUNTY COURT AT LAW
PROVISIONS. (a) In addition to the jurisdiction provided by
Section 25.0003 and other law, a county court at law in Cherokee
County has concurrent jurisdiction with the district court in
family law cases and proceedings.
(b) A county court at law has terms beginning on the first
Mondays of March and September.
(c) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff.
Oct. 1, 1991.
(d) The judge of a county court at law may not engage in the
private practice of law.
(e) The salary of the judge of a county court at law shall be
paid out of the county treasury by the commissioners court. The
judge is entitled to travel expenses and necessary office expenses,
including administrative and clerical assistance, in the same
manner as is allowed the county judge.
(f) A special judge of a county court at law with the same
qualifications as the regular judge may be appointed or elected in
the manner provided by law for the appointment or election of a
special county judge. If the judge of a county court at law is
disqualified to try a case pending in the judge's court, the parties
or their attorneys may agree on the selection of a special judge for
the case. A special judge is entitled to the same rate of
compensation as the regular judge.
(g) The district clerk serves as clerk of the court in
family law cases and proceedings and the county clerk serves as
clerk for all other cases. The district clerk shall establish a
separate docket for a county court at law. The commissioners court
may employ as many deputy sheriffs and bailiffs as are necessary to
serve the court.
(h) The judge of a county court at law may appoint an
official court reporter or the judge may contract for the services
of a court reporter under guidelines established by the
commissioners court.
(i) Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and other matters
pertaining to the conduct of trials and hearings in a county court
at law involving family law cases and proceedings are governed by
this section and the laws and rules pertaining to district courts,
as well as county courts. If a family law case or proceeding is
tried before a jury, the jury shall be composed of 12 members.
(j) The laws governing the drawing, selection, service, and
pay of jurors for county courts apply to a county court at law.
(k) Jurors regularly impaneled for the week by the district
courts, on reque
