Bill Text: TX HB3661 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the Harrison County Court at Law.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2013-04-22 - Left pending in committee [HB3661 Detail]
Download: Texas-2013-HB3661-Introduced.html
| 83R4533 KFF-D | ||
| By: Paddie | H.B. No. 3661 | |
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| relating to the Harrison County Court at Law. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 25.1042, Government Code, is amended by | ||
| adding Subsection (a) to read as follows: | ||
| (a) In addition to the jurisdiction provided by Section | ||
| 25.0003 and other law, a county court at law in Harrison County has | ||
| concurrent jurisdiction with the district court, on assignment of a | ||
| district judge presiding in Harrison County, in felony cases other | ||
| than capital murder cases. This subsection expires January 1, 2015. | ||
| SECTION 2. Effective January 1, 2015, Section 25.1042, | ||
| Government Code, is amended by adding Subsection (a) to read as | ||
| follows: | ||
| (a) In addition to the jurisdiction provided by Section | ||
| 25.0003 and other law, a county court at law in Harrison County has | ||
| concurrent jurisdiction with the district court, on assignment of a | ||
| district judge presiding in Harrison County, in: | ||
| (1) felony cases other than capital murder cases; | ||
| (2) family law cases and proceedings; and | ||
| (3) civil cases. | ||
| SECTION 3. Section 25.1042, Government Code, is amended by | ||
| adding Subsections (b), (c), and (d) to read as follows: | ||
| (b) Assignment and transfer of cases under Subsection (a) is | ||
| at the discretion of the judge of the district court making the | ||
| assignment. Assignment or transfer from a county court at law to a | ||
| district court is governed by Section 74.121(b)(1). | ||
| (c) The district clerk serves as clerk of a county court at | ||
| law in cases assigned under Subsection (a), and the county clerk | ||
| serves as clerk of the court in all other cases. | ||
| (d) A party to a case assigned under Subsection (a) may | ||
| request a jury of 12 persons if the party makes the request not | ||
| later than the 30th day before the trial date. A party who does not | ||
| make a timely request under this subsection waives the right to | ||
| request a 12-person jury and the case will proceed with a six-person | ||
| jury. | ||
| SECTION 4. Section 25.1042(g), Government Code, is amended | ||
| to read as follows: | ||
| (g) The criminal district attorney is entitled to the same | ||
| fees prescribed by law for prosecutions in the county court, except | ||
| that in cases assigned under Subsection (a), the criminal district | ||
| attorney is entitled to the same fees prescribed by law for | ||
| prosecutions in district court. | ||
| SECTION 5. Section 25.1042(a), Government Code, as added by | ||
| Section 1 of this Act, applies only to an action filed in a district | ||
| court in Harrison County on or after the effective date of this Act. | ||
| An action filed in a district court in Harrison County before the | ||
| effective date of this Act is governed by the law in effect on the | ||
| date the action was filed, and the former law is continued in effect | ||
| for that purpose. | ||
| SECTION 6. Section 25.1042(a), Government Code, as added by | ||
| Section 2 of this Act, applies only to an action filed in a district | ||
| court in Harrison County on or after January 1, 2015. An action | ||
| filed in a district court in Harrison County before January 1, 2015, | ||
| is governed by the law in effect on the date the action was filed, | ||
| and the former law is continued in effect for that purpose. | ||
| SECTION 7. Except as otherwise provided by this Act, this | ||
| Act takes effect September 1, 2013. | ||
