Law:Title 2. Judicial Branch. Subtitle A. Courts from Chapter 25. Statutory County Courts (Texas)

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Subtitle A. Courts

Contents

Chapter 25. Statutory County Courts

Subchapter A. General Provisions

Section  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, Sec. 4.01, eff. Sept. 1, 1987.



Section  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, Sec. 4.01, eff. Sept. 1, 1987.



Section  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 division of workers' compensation of the Texas Department of Insurance regarding workers' compensation claims, 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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 2, 3, eff. Oct. 1, 1991; Acts 1999, 76th Leg., ch. 431, Sec. 2, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 265, Sec. 6.002, eff. September 1, 2005.



Section  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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 417, Sec. 2, eff. Sept. 1, 2001.



Section  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, shall be paid a total annual salary set by the commissioners court at an amount that is not less than $1,000 less than the total annual salary received by a district judge in the county.  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.

(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)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1301, Sec. 13(1), eff. October 1, 2007.

(f)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1301, Sec. 13(1), eff. October 1, 2007.

(g)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1301, Sec. 13(1), eff. October 1, 2007.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 4, eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 144, Sec. 1, eff. Aug. 30, 1993; Acts 1997, 75th Leg., ch. 80, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1119, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1572, Sec. 1, eff. Oct. 1, 1999; Acts 2003, 78th Leg., ch. 616, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1301, Sec. 1, eff. October 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1301, Sec. 13(1), eff. October 1, 2007.



Section  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, Sec. 4.01, eff. Sept. 1, 1987.



Section  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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 5, eff. Oct. 1, 1991.



Section  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, Sec. 4.01, eff. Sept. 1, 1987.



Section  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, Sec. 4.01, eff. Sept. 1, 1987.



Section  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, Sec. 4.01, eff. Sept. 1, 1987.



Section  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, Sec. 4.01, eff. Sept. 1, 1987.



Section  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, Sec. 4.01, eff. Sept. 1, 1987.



Section  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, Sec. 6, eff. Oct. 1, 1991.



Section  25.0015.  State Contribution.

(a) Beginning on the first day of the state fiscal year, the state shall annually compensate each county in an amount equal to 60 percent of the state salary of a district court judge in the county for each statutory county court judge in the county who:

(1)  does not engage in the private practice of law; and

(2)  presides over a court with at least the jurisdiction provided by Section 25.0003.

(b)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1301, Sec. 13(2), eff. October 1, 2007.

(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1301, Sec. 13(2), eff. October 1, 2007.

Added by Acts 1991, 72nd Leg., ch. 746, Sec. 6, eff. Oct. 1, 1991. Amended by Acts 1997, 75th Leg., ch. 1119, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1572, Sec. 3, eff. Oct. 1, 1999; Acts 2003, 78th Leg., ch. 616, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1301, Sec. 2, eff. October 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1301, Sec. 13(2), eff. October 1, 2007.



Section  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, Sec. 3, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 782, Sec. 4, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 960, Sec. 1, eff. Sept. 1, 1999.



Section  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, Sec. 3, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 782, Sec. 4, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 960, Sec. 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 469, Sec. 1, eff. Sept. 1, 2001.



Section 25.0019.  Location Of Proceedings Following Certain Disasters.

(a) In this section, "first tier coastal county" and "second tier coastal county" have the meanings assigned by Section  2210.003, Insurance Code.

(b)  Notwithstanding any other law, including a specific provision in this chapter for a particular court or county that requires a statutory county court to conduct its proceedings at the county seat, if a disaster, as defined by Section 418.004, occurs in a first tier coastal county or a second tier coastal county that precludes a statutory county court in that county from conducting its proceedings at the county seat, the presiding judge of the administrative judicial region, with the approval of the judge of the affected statutory county court, may designate an alternate location in the county at which the court may conduct its proceedings.

Added by Acts 2007, 80th Leg., R.S., Ch. 1076, Sec. 2, eff. June 15, 2007.



Section 25.0020.  Appointment Of Counsel In Certain Appeals.

(a) On a written application of any party to an eviction suit, the county court or county court at law in which an appeal of the suit is filed may appoint any qualified attorney who is willing to provide pro bono services in the matter or counsel from a list provided by a pro bono legal services program of counsel willing to be appointed to handle appeals under this section to attend to the cause of a party who:

(1)  was in possession of the residence at the time the eviction suit was filed in the justice court; and

(2)  has perfected the appeal on a pauper's affidavit approved in accordance with Rule 749a, Texas Rules of Civil Procedure.

(b)  The appointed counsel shall represent the individual in the proceedings of the suit in the county court or county court at law.  At the conclusion of those proceedings, the appointment terminates.

(c)  The court may terminate representation appointed under this section for cause.

(d)  Appointed counsel may not receive attorney's fees unless the recovery of attorney's fees is provided for by contract, statute, common law, court rules, or other regulations.  The county is not responsible for payment of attorney's fees to appointed counsel.

(e)  The court shall provide for a method of service of written notice on the parties to an eviction suit of the right to request an appointment of counsel on perfection of appeal on approval of a pauper's affidavit.

Added by Acts 2009, 81st Leg., R.S., Ch. 1183, Sec. 6, eff. September 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch. 1351, Sec. 4, eff. September 1, 2009.



Subchapter B. General Provisions Relating To Statutory Probate Courts

Section  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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 635, Sec. 1, eff. Sept. 1, 2001.



Section  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, Sec. 2, eff. Oct. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1443, Sec. 1, eff. June 17, 2001.



Section  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 sum of the amount paid under Section 25.0022(e) and the total amounts paid to the counties under Section 25.00211.  If the total amount deposited under Section 51.704 by all counties exceeds that sum, the state shall remit the excess proportionately to each county that deposited a greater amount in the judicial fund under Section 51.704 than the amount the county was paid under Section 25.00211, as adjusted in an equitable manner to reflect the differences in the total amounts paid to the counties under Section 25.00211.

(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, Sec. 2, eff. Oct. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1263, Sec. 7, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1443, Sec. 2, eff. June 17, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 718, Sec. 1, eff. September 1, 2007.



Section  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, including for the payment of the compensation of a statutory probate court associate judge in accordance with Section 54.605.

(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, Sec. 3, eff. June 17, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 400, Sec. 1, eff. June 15, 2007.



Section  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;

(8)  compare local rules of court to achieve uniformity of rules to the extent practical and consistent with local conditions; and

(9)  assign a judge or former or retired judge of a statutory probate court to hear a case under the circumstances described by Section 25.002201(b).

(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 state shall pay $5,000 of the salary in equal monthly installments from amounts deposited in the judicial fund under Section 51.704 and appropriated for that purpose, and the remainder of the salary and expenses is 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)  Subject to Section 25.002201, a judge or a former or retired judge of a statutory probate court may be assigned by the presiding judge of the statutory probate courts to hold court in a statutory probate court, a 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)  the presiding judge of the administrative judicial district fails to timely assign a judge to replace a recused or disqualified statutory probate court judge as described by Section 25.002201(b);

(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 4A, 4C, 4F, 4G, 4H, 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;

(2)  certify under oath to the presiding judge, on a form prescribed by the state board of regional judges, that:

(A)  the judge has not been publicly reprimanded or censured by the State Commission on Judicial Conduct; and

(B)  the judge:

(i)  did not resign or retire from office after the State Commission on Judicial Conduct notified the judge of the commencement of a full investigation into an allegation or appearance of misconduct or disability of the judge as provided in Section 33.022 and before the final disposition of that investigation; or

(ii)  if the judge did resign from office under circumstances described by Subparagraph (i), was not publicly reprimanded or censured as a result of the investigation;

(3)  annually demonstrate that the judge has completed in the past state fiscal year the educational requirements for an active statutory probate court judge;

(4)  have served as an active judge for at least 96 months in a district, statutory probate, statutory county, or appellate court; and

(5)  have developed substantial experience in the judge's area of specialty.

(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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.03(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1101, Sec. 1, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 691, Sec. 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 298, Sec. 1, 7, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1064, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1435, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 65, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 440, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 468, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 820, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 9.002, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 718, Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1206, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1263, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1351, Sec. 12(d), eff. September 1, 2009.



Section 25.002201.  Assignment Of Judge On Recusal Or Disqualification.

(a) Not later than the 15th day after the date an order of recusal or disqualification of a statutory probate court judge is issued in a case, the presiding judge of the administrative judicial district shall assign a statutory probate court judge or a former or retired judge of a statutory probate court to hear the case if:

(1)  the judge of the statutory probate court recused himself or herself under Section 25.00255(g)(1)(A);

(2)  the judge of the statutory probate court disqualified himself or herself under Section 25.00255(g-1);

(3)  the order was issued under Section 25.00255(i-3)(1); or

(4)  the presiding judge of the administrative judicial district receives notice and a request for assignment from the clerk of the statutory probate court under Section 25.00255(l).

(b)  If the presiding judge of an administrative judicial district does not assign a judge under Subsection (a) within the time prescribed by that subsection, the presiding judge of the statutory probate courts may assign a judge to hear the case instead of the presiding judge of the administrative judicial district making the assignment under that subsection.

(c)  The provisions of Section 25.0022 applicable to a judge assigned under that section apply to the same extent to a judge assigned under the authority of this section.

Added by Acts 2009, 81st Leg., R.S., Ch. 1206, Sec. 2, eff. September 1, 2009.



Section  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, Sec. 3, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 469, Sec. 2, 3, eff. Sept. 1, 2001.



Section  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, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 64, Sec. 1, eff. Sept. 1, 2001. Renumbered from Government Code Sec. 25.00221 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(55), eff. Sept. 1, 2003.



Section  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)  Notwithstanding any other law and in addition to the judge's annual salary, the commissioners court annually shall pay a judge of a statutory probate court who has continuously served as a judge of a statutory probate court or a statutory county court since August 31, 1995, an additional amount equal to the amount of benefit replacement pay a district judge is entitled to receive from the state under Subchapter H, Chapter 659, for equivalent continuous service.

(c)  The commissioners court monthly shall pay a statutory probate court judge who has served as a judge of a statutory probate court or a statutory county court for at least 16 years longevity pay in an amount equal to the amount of longevity pay a district judge is entitled to receive from the state for equivalent years of service.  The longevity pay is in addition to the judge's monthly salary.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 426, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 9.0025, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 609, Sec. 1, eff. June 19, 2009.



Section 25.00231.  Bond; Insurance.

(a) This section controls over a specific provision for a particular court or county that attempts to create a requirement for a bond or insurance that conflicts with this section.

(b)  Before beginning the duties of office, a judge of a statutory probate court must execute a bond that is:

(1)  payable to the county treasurer or other person performing the duties of county treasurer;

(2)  in the amount of $500,000;

(3)  conditioned on the faithful performance of the duties of the office; and

(4)  approved by the commissioners court.

(c)  In lieu of the bond required by Subsection (b), a county may elect to obtain insurance in the amount required by Subsection (b) against losses caused by the statutory probate court judge's gross negligence in performing the duties of office.

(d)  The commissioners court of a county shall pay the premium for the bond or insurance required by this section out of the general funds of the county.

Added by Acts 2007, 80th Leg., R.S., Ch. 331, Sec. 1, eff. October 1, 2007.



Section  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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 68, eff. Sept. 1, 1991; Acts 1999, 76th Leg., ch. 410, Sec. 1, eff. Sept. 1, 1999.



Section  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, Sec. 72, eff. Sept. 1, 1995.

Added by Acts 1993, 73rd Leg., ch. 905, Sec. 2, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 1039, Sec. 72, eff. Sept. 1, 1995.



Section  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 or disqualify himself or herself; or

(2)  request the assignment of a judge to hear the motion by forwarding the motion and opposing and concurring statements to the presiding judge of the statutory probate courts as provided by Subsection (h).

(g)  A judge who recuses himself or herself:

(1)  shall enter an order of recusal and:

(A)  if the judge serves a statutory probate court located in a county with only one statutory probate court, request that the presiding judge of the administrative judicial district assign a judge under Section 25.002201 to hear the case; or

(B)  subject to Subsection (l), if the judge serves a statutory probate court located in a county with more than one statutory probate court, request that the clerk who serves the statutory probate courts in that county randomly reassign the case to a judge of one of the other statutory probate courts located in the county; and

(2)  may not take other action in the case except for good cause stated in the order in which the action is taken.

(g-1)  A judge who disqualifies himself or herself:

(1)  shall enter an order of disqualification and request that the presiding judge of the administrative judicial district assign a judge under Section 25.002201 to hear the case; and

(2)  may not take other action in the case.

(h)  A judge who does not recuse or disqualify himself or herself:

(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 (h), the presiding judge of the statutory probate courts shall immediately forward the request to the presiding judge of the administrative judicial district and request that the presiding judge of the administrative judicial district assign a judge to hear the motion for recusal or disqualification.  Not later than the 15th day after the date the presiding judge of the administrative judicial district receives the request, the presiding judge shall:

(1)  set a hearing before himself or herself or a judge designated by the presiding judge, except that the presiding judge may not designate a judge of a statutory probate court in the same county as the statutory probate court served by the judge who is the subject of the motion;

(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.

(i-1)  If the presiding judge of the administrative judicial district does not assign a judge to hear a motion for recusal or disqualification within the time prescribed by Subsection (i), the presiding judge of the statutory probate courts may assign a judge to hear the motion and take other action under that subsection.

(i-2)  A judge who hears a motion for recusal or disqualification under Subsection (i) or (i-1) may also hear any amended or supplemented motion for recusal or disqualification filed in the case.

(i-3)  If a motion for recusal or disqualification is granted after a hearing conducted as provided by Subsection (i) or (i-1), the judge who heard the motion shall:

(1)  if the judge subject to recusal or disqualification serves a statutory probate court located in a county with only one statutory probate court, enter an order of recusal or disqualification, as appropriate, and request that the presiding judge of the administrative judicial district assign a judge under Section 25.002201 to hear the case; or

(2)  subject to Subsection (l), if the judge subject to recusal or disqualification serves a statutory probate court located in a county with more than one statutory probate court, enter an order of recusal or disqualification, as appropriate, and request that the clerk who serves the statutory probate courts in that county randomly reassign the case to a judge of one of the other statutory probate courts located in the county.

(i-4)  The presiding judge of an administrative judicial district may delegate the judge's authority to make orders of interim or ancillary relief under Subsection (i)(3) to the presiding judge of the statutory probate courts.

(i-5)  A judge assigned to hear a motion for recusal or disqualification under Subsection (i) is entitled to receive the same salary, compensation, and expenses, and to be paid in the same manner and from the same fund, as a judge otherwise assigned under Section 25.0022, except that a judge assigned under Subsection (i) shall provide the information required by Section 25.0022(l) to the presiding judge of the administrative judicial district, who shall immediately forward the information to the presiding judge of the statutory probate courts.

(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 of the administrative judicial district or the judge assigned to hear the motion for recusal may approve a motion for sanctions authorized by Rule 215.2(b), Texas Rules of Civil Procedure.

(l)  If a clerk of a statutory probate court is unable to reassign a case as requested under Subsection (g)(1)(B) or (i-3)(2) because the other statutory probate court judges in the county have been recused or disqualified or are otherwise unavailable to hear the case, the clerk shall immediately notify the presiding judge of the administrative judicial district and request that the presiding judge of the administrative judicial district assign a judge under Section 25.002201 to hear the case.

(m)  The clerk of a statutory probate court shall immediately notify and provide to the presiding judge of the statutory probate courts a copy of an order of recusal or disqualification issued with respect to the judge of the statutory probate court.

Added by Acts 1997, 75th Leg., ch. 1435, Sec. 2, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 9.0011, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1297, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1206, Sec. 3, eff. September 1, 2009.



Section 25.00256.  Tertiary Recusal Motion Against Judge.

(a) In this section, "tertiary recusal motion" means a third or subsequent motion for recusal or disqualification filed in a case against any statutory probate court judge by the same party.  The term includes any third or subsequent motion filed in the case by the same party, regardless of whether that motion is filed against a different judge than the judge or judges against whom the previous motions for recusal or disqualification were filed.

(b)  A judge who declines recusal after a tertiary recusal motion is filed shall comply with applicable rules of procedure for recusal and disqualification except that the judge shall continue to:

(1)  preside over the case;

(2)  sign orders in the case; and

(3)  move the case to final disposition as though a tertiary recusal motion had not been filed.

(c)  A judge hearing a tertiary recusal motion against another judge who denies the motion shall award reasonable and necessary attorney's fees and costs to the party opposing the motion.  The party making the motion and the attorney for the party are jointly and severally liable for the award of fees and costs.  The fees and costs must be paid before the 31st day after the date the order denying the tertiary recusal motion is rendered unless the order is properly superseded.

(d)  The denial of a tertiary recusal motion is only reviewable on appeal from final judgment.

(e)  If a tertiary recusal motion is finally sustained, the new judge for the case shall vacate all orders signed by the sitting judge during the pendency of the tertiary recusal motion.

Added by Acts 2007, 80th Leg., R.S., Ch. 1297, Sec. 2, eff. September 1, 2007.



Section  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, Sec. 2, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 7, eff. Oct. 1, 1991.



Section  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, Sec. 2, eff. Aug. 26, 1991.



Section  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, Sec. 2, eff. Aug. 26, 1991.



Section  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, Sec. 2, eff. Aug. 26, 1991.



Section  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, Sec. 2, eff. Aug. 26, 1991.



Section 25.0032.  Location Of Proceedings Following Certain Disasters.

(a) In this section, "first tier coastal county" and "second tier coastal county" have the meanings assigned by Section  2210.003, Insurance Code.

(b)  Notwithstanding any other law, including a specific provision in this chapter for a particular court or county that requires a statutory probate court to conduct its proceedings at the county seat, if a disaster, as defined by Section 418.004, occurs in a first tier coastal county or a second tier coastal county that precludes a statutory probate court in that county from conducting its proceedings at the county seat, the presiding judge of the statutory probate courts, with the approval of the judge of the affected statutory probate court, may designate an alternate location in the county at which the court may conduct its proceedings.

Added by Acts 2007, 80th Leg., R.S., Ch. 1076, Sec. 3, eff. June 15, 2007.



Subchapter C. Provisions Relating To Particular Counties

Section  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, Sec. 4.01, eff. Sept. 1, 1987. Renumbered from Sec. 25.0031 by Acts 2001, 77th Leg., ch. 1420, Sec. 9.001(c), eff. Sept. 1, 2001.



Section  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, Sec. 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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1987, 70th Leg., 2nd C.S. ch. 38, Sec. 3, eff. Oct. 20, 1987; Acts 1989, 71st Leg., ch. 2, Sec. 8.04(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.02, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 9, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 525, Sec. 1, eff. May 31, 1997. Renumbered from Acts 2001, 77th Leg., ch. 1420, Sec. 9.001(c).



Section  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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 614, Sec. 1, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 10(a), eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 745, Sec. 1, eff. Aug. 30, 1993.



Section  25.0052.  Angelina County Court At Law Provisions.  

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Text of subsec. (a) as amended by Acts 1991, 72nd Leg., ch. 614, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 614, Sec. 2, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 10(b), eff. Oct. 1, 1991.



Section  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, Sec. 1, eff. June 13, 2001.



Section  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, Sec. 1, eff. June 13, 2001. Amended by Acts 2003, 78th Leg., ch. 998, Sec. 1, eff. Sept. 1, 2003.



Section  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, Sec. 4.01, eff. Sept. 1, 1987.



Section  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, Sec. 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, Sec. 1, eff. June 14, 1989.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 861, Sec. 1, eff. June 14, 1989; Acts 1991, 72nd Leg., ch. 746, Sec. 11, eff. Oct. 1, 1991.



Section  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, Sec. 4.01, eff. Sept. 1, 1987.



Section  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, Sec. 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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 12, 70, eff. Oct. 1, 1991.



Section  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, Sec. 1, eff. Aug. 28, 1995.



Section  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, Sec. 1, eff. Aug. 28, 1995.



Section  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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 366, Sec. 1, eff. Aug. 28, 1995.



Section  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, Sec. 70, eff. Oct. 1, 1991.

(d)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991; Acts 1995, 74th Leg., ch. 366, Sec. 2, eff. Aug. 28, 1995.



Section  25.0171.  Bexar County. (a) Rep

ealed by Acts 1999, 76th Leg., ch. 42, Sec. 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;

(12)  County Court at Law No. 12 of Bexar County, Texas;

(13)  County Court at Law No. 13 of Bexar County, Texas;

(14)  County Court at Law No. 14 of Bexar County, Texas; and

(15)  County Court at Law No. 15 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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 410, Sec. 1, eff. Sept. 1, 1989; Acts 1999, 76th Leg., ch. 42, Sec. 1, 4, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1072, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1103, Sec. 9(a), eff. September 1, 2009.



Section  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.

(c-1)  The County Court at Law No. 13 of Bexar County, Texas, shall give preference to cases prosecuted under:

(1)  Section 22.01, Penal Code, in which the victim is a person whose relationship to or association with the defendant is described by Chapter 71, Family Code; and

(2)  Section 25.07, Penal Code.

(d)  The County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 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, Sec. 70, eff. Oct. 1, 1991.

(f)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(g)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(h)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 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, 12, 13, 14, or 15 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, 12, 13, 14, or 15 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, 12, 13, 14, or 15 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, 12, 13, 14, and 15 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, 12, 13, 14, and 15 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, 12, 13, 14, and 15 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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.05(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 410, Sec. 2, 3, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1066, Sec. 1, eff. June 14, 1989; Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991; Acts 1999, 76th Leg., ch. 42, Sec. 2, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1072, Sec. 2, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1103, Sec. 9(b), eff. September 1, 2009.



Section  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, Sec. 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)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 331, Sec. 2, eff. October 1, 2007.

(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, Sec. 4, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 410, Sec. 4, 5, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 394, Sec. 4, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991; Acts 1999, 76th Leg., ch. 42, Sec. 3, 4, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 331, Sec. 2, eff. October 1, 2007.



Section 25.0201.  Bosque County.

Bosque County has one statutory county court, the County Court at Law of Bosque County.

Added by Acts 2009, 81st Leg., R.S., Ch. 239, Sec. 1, eff. October 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch. 1103, Sec. 10(a), eff. October 1, 2009.



Section 25.0202.  Bosque 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 Bosque County has concurrent jurisdiction with the district court in:

(1)  family law cases and proceedings;

(2)  civil cases in which the matter in controversy exceeds $500 but does not exceed $100,000, excluding interest, court costs, and attorney's fees; and

(3)  contested probate matters under Section 5(b), Texas Probate Code.

(b)  The County Court at Law of Bosque County has primary jurisdiction over juvenile matters.

(c)  A county court at law has the same terms of court as the County Court of Bosque County.

(d)  The judge of a county court at law may not engage in the private practice of law and must meet the qualifications established by Section 25.0014.

(e)  The judge of a county court at law shall be paid as provided by Section 25.0005.  The judge's salary shall be paid out of the county treasury on order of the commissioners court.  Notwithstanding any other law, the judge is entitled to necessary office and operational expenses, including administrative and clerical personnel, on the approval of the commissioners court.  Administrative and clerical personnel to which a judge is entitled on approval under this subsection includes a court coordinator, court reporter, and bailiff.

(f)  If a family law case or proceeding is tried before a jury, the jury shall be composed of 12 members.  In all other cases, except as otherwise required by law, the jury shall be composed of six members.

(g)  Jurors regularly impaneled for a week by the district court may, on request of the county judge or the judge of a county court at law, be made available and shall serve for the week in the county court or the county court at law.

Added by Acts 2009, 81st Leg., R.S., Ch. 239, Sec. 1, eff. October 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch. 1103, Sec. 10(a), eff. October 1, 2009.



Section  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, Sec. 1, eff. Jan. 1, 2001.



Section  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, Sec. 1, eff. Jan. 1, 2001.



Section 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;

(3)  County Court at Law No. 3 and Probate Court of Brazoria County; and

(4)  County Court at Law No. 4 and Probate Court of Brazoria County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.

Amended by:

Acts 2005, 79th Leg., Ch. 229, Sec. 1, eff. September 1, 2005.



Section  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 division of workers' compensation of the Texas Department of Insurance regarding workers' compensation claims, 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, Sec. 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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.03, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 394, Sec. 4, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 726, Sec. 1, 2, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 13, eff. Oct. 1, 1991.

Amended by:

Acts 2005, 79th Leg., Ch. 265, Sec. 6.003, eff. September 1, 2005.



Section  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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.06(a), eff. Aug. 28, 1989.



Section  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, Sec. 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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 14, 70, eff. Oct. 1, 1991.



Section  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, Sec. 1, eff. Aug. 27, 2001.



Section  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, Sec. 1, eff. Aug. 27, 2001.



Section  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, Sec. 1, eff. Sept. 1, 1997.



Section  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.

(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, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 582, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 616, Sec. 3, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1301, Sec. 5, eff. October 1, 2007.



Section  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, Sec. 4.01, eff. Sept. 1, 1987.



Section  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, Sec. 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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 15, 70, eff. Oct. 1, 1991.



Section  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, Sec. 4.01, eff. Sept. 1, 1987.



Section  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, Sec. 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, Sec. 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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.07(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1134, Sec. 1 to 8, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.



Section  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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1444, Sec. 1, eff. Sept. 1, 1997.



Section  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, Sec. 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, Sec. 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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 688, Sec. 1, eff. June 16, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 1444, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 777, Sec. 1, eff. Sept. 1, 1999.



Section 25.0361.  Cass County.

Cass County has one statutory county court, the County Court at Law of Cass County.

Added by Acts 2005, 79th Leg., Ch. 16, Sec. 1, eff. May 3, 2005.



Section 25.0362.  Cass 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 Cass County has the jurisdiction provided by the constitution and by general law for district courts, including concurrent jurisdiction in:

(1)  misdemeanor cases;

(2)  arraignments, pleas, and pre-trial motions for felony cases;

(3)  trials for felony cases transferred from a district court in Cass County to the county court at law on agreement of the county court at law judge;

(4)  family law cases and proceedings, including juvenile matters; and

(5)  appeals from justice courts and from the county court in misdemeanor cases.

(b)  A county court at law does not have general supervisory control or appellate review of the commissioners court or jurisdiction of:

(1)  misdemeanors involving official misconduct;

(2)  suits on behalf of the state to recover penalties or escheated property;

(3)  contested elections;

(4)  suits in which the county is a party; or

(5)  felony cases involving capital murder.

(c)  The judge of a county court at law may not engage in the private practice of law.

(d)  The district clerk serves as clerk of a county court at law except that the county clerk serves as clerk of a county court at law in probate matters.

(e)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1301, Sec. 13(4), eff. October 1, 2007.

(f)  Except as otherwise provided by this subsection, a jury in a county court at law shall be composed of six members unless the constitution requires a 12-member jury.  Failure to object before a six-member jury is seated and sworn constitutes a waiver of a 12-member jury.  In matters in which the constitution does not require a 12-member jury and the county court at law has concurrent jurisdiction with the district court, the jury may be composed of 12 members if a party to the suit requests a 12-member jury and the judge of the court consents.  In a civil case tried in a county court at law, the parties may, by mutual agreement and with the consent of the judge, agree to try the case with any number of jurors and have a verdict rendered and returned by the vote of any number of those jurors that is less than the total number of jurors.

(g)  In matters of concurrent jurisdiction, a judge of a county court at law and a judge of a district court in Cass County may transfer cases between the courts in the same manner that judges of district courts may transfer cases under Section 24.303.

(h)  The judge of a county court at law in Cass County is entitled to a budget for travel and continuing education in an amount that is at least equal to the amount budgeted to the county judge for travel and continuing education.

Added by Acts 2005, 79th Leg., Ch. 16, Sec. 1, eff. May 3, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1301, Sec. 13(4), eff. October 1, 2007.



Section  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, Sec. 4.01, eff. Sept. 1, 1987.



Section  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, Sec. 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 request of the judge of a county court at law, may be made available and shall serve for the week in the county court at law.

(l)  An appeal from a justice court or other court of inferior jurisdiction must be made directly to a county court at law or the county court unless otherwise provided by law.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 16, 70, eff. Oct. 1, 1991.



Section  25.0451.  Collin County.

(a) Collin County has the following statutory county courts:

(1)  County Court at Law No. 1 of Collin County;

(2)  County Court at Law No. 2 of Collin County;

(3)  County Court at Law No. 3 of Collin County;

(4)  County Court at Law No. 4 of Collin County;

(5)  County Court at Law No. 5 of Collin County; and

(6)  County Court at Law No. 6 of Collin County.

(b)  Collin County has one statutory probate court, the Probate Court No. 1 of Collin County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 504, Sec. 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 45, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 692, Sec. 1, eff. Jan. 1, 2003; Acts 2003, 78th Leg., ch. 377, Sec. 1(a), eff. Jan. 1, 2005.



Section  25.0452.  Collin County Court At Law Provisions.

(a) The salary of a judge of a county court at law shall be paid out of the county treasury on orders of the commissioners court.

(b)  The judge of a county court at law shall diligently discharge the duties of the judge's office on a full-time basis and may not engage in the private practice of law.

(c)   Practice in the county courts at law is that prescribed by law for county courts.

(d)  The laws governing the drawing, selection, service, and pay of jurors for county courts apply to the county courts at law.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991; Acts 1995, 74th Leg., ch. 504, Sec. 2, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 692, Sec. 2, eff. Sept. 1, 2001.



Section  25.0453.  Collin County Statutory Probate Court Provisions.

(a) The judge of a statutory probate court in Collin County must:

(1)  be at least 25 years of age;

(2)  have resided in the county for at least two years preceding the date of election or appointment;

(3)  be licensed to practice law in this state; and

(4)  have practiced law or served as a judge in this state, or both combined, for the five years preceding the date of election or appointment.

(b)  The salary of a judge of a statutory probate court shall be paid out of the county treasury on orders of the commissioners court.

(c)  The judge of a statutory probate court shall diligently discharge the duties of the judge's office on a full-time basis and may not engage in the private practice of law.

(d)  Practice for a statutory probate court is that prescribed by law for county courts.

(e)  The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a statutory probate court.

(f)  A statutory probate court has the general jurisdiction of a probate court as provided by Section 25.0021.

Added by Acts 2001, 77th Leg., ch. 692, Sec. 3, eff. Sept. 1, 2001.



Section  25.0481.  Comal County.

Comal County has the following statutory county courts:

(1)  County Court at Law No. 1 of Comal County; and

(2)  County Court at Law No. 2 of Comal County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 377, Sec. 2(a), eff. Sept. 1, 2003.



Section  25.0482.  Comal 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 Comal County has concurrent jurisdiction with the district court in family law cases and proceedings.

(b)  The terms of a county court at law are the same as the terms of the county court of Comal County.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(d)  The judge of a county court at law may not engage in the private practice of law.

(e)  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 a judge of a county court at law is disqualified, 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.

(f)  The district clerk serves as clerk of a county court at law for family law cases and proceedings, and the county clerk serves as clerk for all other cases and proceedings. The district clerk shall establish a separate docket for a county court at law. The commissioners court may employ as many assistant county attorneys, deputy sheriffs, and bailiffs as are necessary to serve the county courts at law.

(g)  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 relating 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.

(h)  The law relating to drawing, selection, and service of jurors in the county court applies to a county court at law. Jurors regularly impaneled for a week by the district court may, on request of the county judge or the judge of a county court at law, be made available and shall serve for the week in the county court or a county court at law.

(i)  Section 25.0005(b) does not apply to a county court at law in Comal County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 17, 70, eff. Oct. 1, 1991.



Section  25.0511.  Cooke County.

Cooke County has one statutory county court, the County Court at Law of Cooke County.

Added by Acts 2001, 77th Leg., ch. 535, Sec. 1, eff. Dec. 1, 2001.



Section  25.0512.  Cooke County Court At Law Provisions.

(a) In addition to meeting the qualifications of office in Section 25.0014, the judge of a county court at law in Cooke County must meet the qualifications of office for a district judge provided by Section 7, Article V, Texas Constitution.

(b)  The judge of a county court at law may not engage in the private practice of law.

(c)  The judge of a county court at law shall be paid annual compensation equal to the annual compensation, including all supplements, paid from any public source to a district judge in the county. The salary of the judge of a county court at law shall be paid in equal installments at least monthly.

(d)  The commissioners court, on proper request by the appropriate official in charge of a department, may employ as many additional assistant attorneys, deputy sheriffs, and deputy clerks as are shown to the commissioners court's satisfaction to be necessary to serve each county court at law.

(e)  A court officer appointed by the judge of a county court at law shall be sworn by the judge by an oath in the general form provided by law for appointed officials. The judge shall modify the oath to apply to the particular officer and duties or to conform to any statutory oath required for the particular position.

(f)  An official court reporter of a county court at law may be paid:

(1)  annual compensation equal to the annual compensation paid the official court reporters serving each district court in Cooke County; and

(2)  any longevity pay to which the reporter is entitled under a county compensation program.

(g)  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. The jury in a county court at law is composed of six members.

(h)  Practice and procedure, appeals, and writs of error in a county court at law are as prescribed by law for county courts, except that practice and procedure, rules of evidence, and all other matters pertaining to the conduct of trials and hearings in a county court at law, other than the number of jurors, that involve eminent domain cases and cases in which a district court and county court at law have concurrent jurisdiction are governed by the laws and rules pertaining to district courts.

(i)  The judges of each district court and county court at law in Cooke County may enter joint local administrative orders providing for the exchange of benches in cases in which a district court and county court at law have concurrent jurisdiction.

Added by Acts 2001, 77th Leg., ch. 535, Sec. 1, eff. Dec. 1, 2001.



Section  25.0521.  Coryell County.

Coryell County has one statutory county court, the County Court at Law of Coryell County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.0522.  Coryell 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 Coryell 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 family law cases and proceedings.

(b)  The commissioners court by order entered of record shall set at least four terms a year for a county court at law.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(d)  The judge of a county court at law may engage in the private practice of law.

(e)  The salary of a judge of a county court at law shall be paid out of the county treasury on orders of the commissioners court.

(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)  Practice in a county court at law must conform to that prescribed by law for county courts.

(h)  Sections 25.0007 and 25.0011 do not apply to a county court at law in Coryell County.

(i)  Notwithstanding Section 25.0521, the County Court at Law of Coryell County is created October 1, 1992, or on an earlier date determined by the commissioners court by an order entered in its minutes.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 18, 70, eff. Oct. 1, 1991.



Section  25.0591.  Dallas County.

(a) Dallas County has the following county courts at law:

(1)  County Court of Dallas County at Law No. 1;

(2)  County Court of Dallas County at Law No. 2;

(3)  County Court of Dallas County at Law Number 3;

(4)  County Court of Dallas County at Law Number 4; and

(5)  County Court of Dallas County at Law No. 5.

(b)  Dallas County has the following county criminal courts:

(1)  County Criminal Court of Dallas County, Texas;

(2)  County Criminal Court No. 2 of Dallas County, Texas;

(3)  County Criminal Court No. 3 of Dallas County, Texas;

(4)  County Criminal Court Number Four of Dallas County, Texas;

(5)  County Criminal Court Number Five of Dallas County, Texas;

(6)  County Criminal Court Number 6 of Dallas County, Texas;

(7)  County Criminal Court Number 7 of Dallas County, Texas;

(8)  County Criminal Court No. 8 of Dallas County, Texas;

(9)  County Criminal Court No. 9 of Dallas County, Texas;

(10)  County Criminal Court No. 10 of Dallas County, Texas; and

(11)  County Criminal Court No. 11 of Dallas County, Texas.

(c)  Dallas County has the following county criminal courts of appeals:

(1)  County Criminal Court of Appeals of Dallas County, Texas; and

(2)  County Criminal Court of Appeals No. 2 of Dallas County, Texas.

(d)  Dallas County has the following statutory probate courts:

(1)  Probate Court of Dallas County;

(2)  Probate Court Number 2 of Dallas County; and

(3)  Probate Court Number 3 of Dallas County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 1315, Sec. 1, eff. Sept. 1, 1999.



Section  25.0592.  Dallas 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 Dallas County has concurrent jurisdiction with the district court in civil cases regardless of the amount in controversy.

(b)  The terms of the County Courts of Dallas County at Law Nos. 1, 3, and 5 begin on the first Mondays of January, March, May, July, September, and November. The terms of the County Courts of Dallas County at Law Nos. 2 and 4 begin on the first Mondays of February, April, June, August, October, and December.

(c)  If a civil cause or proceeding that could have been filed in a civil district court of Dallas County is filed in a county court at law in Dallas County and the county court at law does not have subject matter jurisdiction over the cause or proceeding, the filing, docketing, or assignment of the cause or proceeding in or to a county court at law is considered a clerical error, and that clerical error shall be corrected by a judgment or order nunc pro tunc. The cause or proceeding is considered filed, docketed, or assigned to the district court of the local administrative judge in the first instance rather than to a county court at law in Dallas County. The judge of a county court at law in Dallas County who acts in the cause or proceeding is considered assigned to the district court of the local administrative judge for that purpose and has all the powers of the judge of that district court under the assignment.

(d)  Notwithstanding Section 31.004, Civil Practice and Remedies Code, a judgment or determination of fact or law in a proceeding in a county court at law in Dallas County is res judicata and constitutes a basis for collateral estoppel in a proceeding in any other court, except for appeals from other tribunals.

(e)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(f)  A bond is not required of a judge of a county court at law.

(g)  A judge of a county court at law shall be paid an annual salary that is not less than $1,000 less than the total annual salary, including supplements, received by a district judge in the county. The salary shall be paid out of the county treasury by the commissioners court.

(h)  A judge of a county court at law shall devote his entire time to the duties of office and may not engage in the practice of law.

(i)  A special judge of a county court at law may be appointed or elected in the manner provided by law for the election or appointment of a special county judge.

(j)  The selection and service of jurors for, practice in, and appeals and writs of error from, a county court at law must conform to that prescribed by law for county courts.

(k)  The county sheriff shall, in person or by deputy, attend the County Court of Dallas County at Law No. 1 as required by the judge. The county sheriff serves the county courts at law as provided by Section 25.0010(b).

(l)  Sections 25.0006 and 25.0007 do not apply to a county court at law in Dallas County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.04, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 237, Sec. 1, eff. May 23, 1997.



Section  25.0593.  Dallas County Criminal Court Provisions.

(a) A county criminal court in Dallas County has the criminal jurisdiction, original and appellate, provided by the constitution and law for county courts and concurrent jurisdiction with county courts at law for Dallas County to hear appeals of the suspension of driver's licenses and original proceedings regarding occupational driver's licenses.

(b)  The County Criminal Court No. 11 of Dallas County, Texas, shall give preference to cases designated by an order signed by a majority of the judges of the county criminal courts of Dallas County.

(c)  A judge of a county criminal court shall be paid an annual salary that is not less than $1,000 less than the total annual salary, including supplements, received by a district judge in the county. The salary shall be paid out of the county treasury by the commissioners court.

(d)  A judge of a county criminal court shall devote his entire time to the duties of office and may not engage in the practice of law.

(e)  A county criminal court or its judge may issue writs of habeas corpus and grant injunctions for the enforcement of the penal laws in cases in which the offense charged is within the jurisdiction of the court or any court or tribunal of inferior jurisdiction. A county criminal court or its judge may punish for contempt as prescribed by general law.

(f)  The commissioners court, in the manner provided by law for setting terms of county courts, shall set at least four terms of court each year for each county criminal court.

(g)  Practice in a county criminal court and appeals from a county criminal court are as provided by law for county courts.

(h)  A special judge of a county criminal court may be appointed or elected in the manner provided by law for the appointment or election of a special county judge.

(i)  The judge of a county criminal court shall employ an administrative assistant to aid the judge in the performance of the judge's duties. The commissioners court shall set the administrative assistant's salary.

(j)  The county sheriff shall, in person or by deputy, attend a county criminal court as required by the judge.

(k)  The official court reporter of a county criminal court is not required to take testimony in a case unless the judge or a party demands that testimony be taken. If the court reporter takes testimony, the clerk shall collect a $3 fee as costs in the case. The fee shall be paid into the county treasury.

(l)  The official court reporter of County Criminal Court No. 4, 5, 6, 7, 8, 9, or 10 of Dallas County, Texas, is entitled to receive the same fees and salary as a district court reporter.

(m)  Sections 25.0003(a) and (c) do not apply to a county criminal court in Dallas County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 5, Sec. 2(a), eff. March 22, 1989; Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 186, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1315, Sec. 2, eff. Sept. 1, 1999.



Section  25.0594.  Dallas County Criminal Court Of Appeals Provisions.

(a) A county criminal court of appeals in Dallas County has:

(1)  sole jurisdiction in the county of all appeals from criminal convictions for violation of state law or municipal ordinances of municipalities located in the county in justice courts, municipal courts, or municipal courts of record in the county; and

(2)  concurrent criminal original and appellate jurisdiction in the county as provided by the constitution and by law for county courts.

(b)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(c)  A judge of a county criminal court of appeals shall be paid an annual salary that is not less than $1,000 less than the total annual salary, including supplements, received by a district judge in the county. The salary shall be paid out of the county treasury by the commissioners court.

(d)  The judge of County Criminal Court of Appeals No. 2 shall devote his entire time to the duties of office.

(e)  A judge of a county criminal court of appeals may not engage in the practice of law.

(f)  A county criminal court of appeals or its judge may issue writs of habeas corpus and grant injunctions for the enforcement of the penal laws in cases in which the offense charged is within the jurisdiction of the court or any court or tribunal of inferior jurisdiction. The court or its judge may punish for contempt as prescribed by general law.

(g)  The commissioners court, in the manner provided by law for setting terms of county courts, shall set at least four terms of court each year for each county criminal court of appeals.

(h)  Practice in a county criminal court of appeals and appeals from a county criminal court of appeals are as provided by law for county courts.

(i)  A special judge of a county criminal court of appeals may be appointed or elected in the manner provided by law for the appointment or election of a special county judge.

(j)  The judge of a county criminal court of appeals shall employ an administrative assistant to aid the judge in the performance of the judge's duties. The commissioners court shall set the administrative assistant's salary.

(k)  The county sheriff, in person or by deputy, shall attend a county criminal court of appeals as required by the judge.

(l)  The official court reporter of a county criminal court of appeals is not required to take testimony in a case in which neither party nor the judge demands it. If the court reporter takes testimony, the clerk shall collect a $3 fee as costs in the case. The fee shall be paid into the county treasury.

(m)  The official court reporter of a county criminal court of appeals is entitled to receive the same fees and salary as a district court reporter.

(n)  Sections 25.0003(a) and (c) do not apply to a county criminal court of appeals in Dallas County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 5, Sec. 2(b), eff. March 22, 1989; Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.



Section  25.0595.  Dallas County Probate Courts. (a) Rep

ealed by Acts 2001, 77th Leg., ch. 635, Sec. 3(2), eff. Sept. 1, 2001.

(b)  The Probate Court No. 3 of Dallas County has primary responsibility for mental illness proceedings.

(c)  The laws and rules relating to practice and procedure and appeals from county courts apply to a statutory probate court.

(d)  The judge of a statutory probate court must:

(1)  be well informed in the laws of this state; and

(2)  have been a licensed and practicing member of the state bar for at least five consecutive years before election.

(e)  Repealed by Acts 1995, 74th Leg., ch. 95, Sec. 2, eff. May 16, 1995.

(f)  The judge of a statutory probate court shall employ an administrative assistant to aid the judge in the performance of the judge's duties. The commissioners court shall set the administrative assistant's salary.

(g)  The county sheriff shall, in person or by deputy, attend a statutory probate court as required by the judge.

(h)  A judge of a statutory probate court shall be paid an annual salary not less than the total annual salary, including supplements, received by a district judge in the county. Each statutory probate court judge is entitled to receive the same amount of compensation. The commissioners court shall pay the salary out of the county treasury.

(i)  Section 25.0027 does not apply to a statutory probate court in Dallas County.

(j)  In addition to the uses authorized by Section 118.064(b), Local Government Code, fees collected under Section 118.052(2)(A)(vi), Local Government Code, may be used by Dallas County for providing staff for the statutory probate courts and for court-related purposes for the support of the statutory probate courts. In determining if the fee produces more revenue than required as provided by Section 118.064(c), Local Government Code, the commissioners court shall include the uses authorized by this subsection.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 394, Sec. 3 eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 8, eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 389, Sec. 1, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 95, Sec. 2, eff. May 16, 1995; Acts 2001, 77th Leg., ch. 426, Sec. 3, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 635, Sec. 3(2), eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 9.001(d), eff. Sept. 1, 2001.



Section  25.0596.  Special Statutory Probate Judge.

(a) If the judge of a statutory probate court in Dallas County fails or refuses to hold the court, the practicing lawyers of the court who are present may elect one of their number special judge to hold the court and proceed with its business. The lawyers may hold additional elections at any time to supply a judge during the absence, failure, or inability of the regular judge or a special judge to perform the duties of the office.

(b)  To conduct the election, the sheriff or constable shall publicly proclaim at the courthouse door that the practicing lawyers who are present are about to elect a special judge of the statutory probate court. Following the proclamation, the clerk shall make a list of the practicing lawyers who are present, and the lawyers shall organize and hold the election. If the sheriff, constable, or clerk fails or refuses to act, the practicing lawyers who are present may organize themselves into an electoral body and appoint a sheriff and clerk pro tempore to perform the respective duties of the sheriff and clerk.

(c)  Each practicing lawyer in attendance may participate in the election and cast one vote by ballot. A majority of the votes of the lawyers who participate is necessary to elect a special judge.

(d)  The clerk shall enter a record of the election of the special judge in the minutes of the court. The record must show:

(1)  the names of all the practicing lawyers who were present and participated in the election;

(2)  that a public proclamation that the election was about to take place was made at the courthouse door;

(3)  the number of ballots cast at the election, the number of votes for each person, and the result of the election; and

(4)  that the oath prescribed by law was administered to the special judge.

(e)  A record of election proceedings that substantially comply with the requirements of the law is conclusive evidence of the election and qualification of a special judge.

Added by Acts 1995, 74th Leg., ch. 95, Sec. 1, eff. May 16, 1995.



Section  25.0631.  Denton County.

(a) Denton County has the following statutory county courts:

(1)  County Court at Law No. 1 of Denton County;

(2)  County Court at Law No. 2 of Denton County;

(3)  County Criminal Court No. 1 of Denton County;

(4)  County Criminal Court No. 2 of Denton County;

(5)  County Criminal Court No. 3 of Denton County;

(6)  County Criminal Court No. 4 of Denton County; and

(7)  County Criminal Court No. 5 of Denton County.

(b)  Denton County has one statutory probate court, the Probate Court of Denton County.

(c)  The statutory county courts of Denton County sit in the county seat or at another location in the county as assigned by the local administrative statutory county court judge. The statutory probate court of Denton County sits in the county seat and may conduct docket matters at other locations in the county as the statutory probate court judge considers necessary for the protection of wards or mental health respondents or as otherwise provided by law.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 328, Sec. 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 1109, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 557, Sec. 1, eff. Oct. 1, 2000; Acts 2001, 77th Leg., ch. 267, Sec. 1, eff. May 22, 2001; Acts 2001, 77th Leg., ch. 536, Sec. 1, eff. May 1, 2002.



Section  25.0632.  Denton County Statutory Court And Statutory Probate Court Provisions.

(a) In addition to meeting the qualifications of office in Section 25.0014, the judge of a statutory county court or statutory probate court in Denton County must meet the qualifications of office for a district judge provided by Section 7, Article V, Texas Constitution.

(b)  The regular judge of a statutory county court or a statutory probate court may not engage in the private practice of law.

(c)  The judge of each statutory county court and statutory probate court shall be paid annual compensation equal to the annual compensation, including all supplements, paid from any public source to a district judge in the county. For purposes of Sections 25.0005 and 25.0015, a statutory county court or a statutory probate court in Denton County has jurisdiction at least equivalent to the jurisdiction provided by Section 25.0003 for statutory county courts. The salary of a statutory county court judge or a statutory probate court judge shall be paid in equal installments at least monthly.

(d)  The commissioners court, on proper request by the appropriate official in charge of a department, may employ as many additional assistant criminal district attorneys, deputy sheriffs, and deputy clerks as are shown to the commissioners court's satisfaction to be necessary to serve the statutory county courts and the statutory probate court.

(e)  A court officer appointed by the judge of a statutory county court or statutory probate court shall be sworn by the judge by an oath in the general form provided by law for appointed officials. The judge shall modify the oath to apply to the particular officer and duties or to conform to any statutory oath required for the particular position.

(f)  An official court reporter of a statutory county court or a statutory probate court may be paid:

(1)  annual compensation equal to the annual compensation paid the official court reporters serving the district courts in Denton County; and

(2)  any longevity pay to which the reporter is entitled under county compensation programs.

(g)  Jurors regularly impaneled for the week by the district courts of Denton County must include sufficient numbers to serve in the statutory county courts and statutory probate courts as well as the district courts. The jurors shall be made available by the district judge as necessary. The jury in a statutory county court or statutory probate court in all civil or criminal matters is composed of 12 members, except that in misdemeanor criminal cases and any other case in which the court has jurisdiction that under general law would be concurrent with the county court, the jury is composed of six members.

(h)  The judges of the statutory county courts may exchange benches and serve for each other in the manner provided by Section 74.121 and are subject to assignment as provided by Section 74.092, except that it is not necessary that a judge's own court have jurisdiction of the type of cases handled by the court to which the judge is assigned or for which the judge is serving.

(i)  A judge of a statutory probate court is subject to assignment as provided by Section 25.0022.

(j)  Section 25.0006 does not apply to a statutory county court in Denton County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 19, 70, eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 962, Sec. 1, 2, eff. June 19, 1993; Acts 1995, 74th Leg., ch. 328, Sec. 2, eff. Aug. 28, 1995; Acts 1999, 76th Leg., ch. 557, Sec. 2, eff. Oct. 1, 2000.



Section  25.0633.  Denton County Court At Law Provisions.

(a) The County Court at Law No. 1 of Denton County shall give preference to juvenile matters under Chapter 25 and Title 3, Family Code, and the ancillary and pendent jurisdiction necessary to enforce orders of the court in juvenile matters.

(b)  Repealed by Acts 2001, 77th Leg., ch. 267, Sec. 2, eff. May 22, 2001.

(c)  Notwithstanding Section 25.0003, the County Court at Law No. 1 of Denton County does not have jurisdiction over civil, civil appellate, probate, or mental health matters or over family law cases and proceedings other than juvenile proceedings.

(d)  If the juvenile board designates the County Court at Law No. 1 of Denton County as the juvenile court of the county, the court shall give first preference to juvenile matters and second preference to criminal appeals from convictions in justice or municipal courts. Notwithstanding Chapter 53, Family Code, the criminal district attorney of Denton County is the designated official to receive all felony grade referrals regarding juveniles. If the court is not designated as the juvenile court, the court shall give first preference to criminal appeals cases and second preference to misdemeanor criminal matters.

(e)  The County Court at Law No. 2 of Denton County has jurisdiction over all civil causes and proceedings, original and appellate, prescribed by law for county courts.

(f)  The County Court at Law No. 2 of Denton County does not have jurisdiction over:

(1)  causes and proceedings concerning roads, bridges, and public highways;

(2)  the general administration of county business that is within the jurisdiction of the commissioners court of each county; or

(3)  criminal causes and proceedings.

(g)  The County Court at Law No. 2 of Denton County has the jurisdiction provided by general law for county courts, statutory county courts, or district courts over civil penalties and forfeitures, including bail bond forfeitures and escheats, regardless of the amount in controversy or remedy sought.

(h)  Appeals in all cases from judgments and orders of the County Court at Law No. 2 of Denton County are to the court of appeals as provided for an appeal from a district or county court.

Added by Acts 1995, 74th Leg., ch. 328, Sec. 3, eff. Aug. 28, 1995. Amended by Acts 2001, 77th Leg., ch. 267, Sec. 2, eff. May 22, 2001; Acts 2001, 77th Leg., ch. 536, Sec. 2, eff. May 1, 2002.



Section  25.0634.  Denton County Criminal Court Provisions.

(a) In addition to the jurisdiction provided by Section 25.0003 and other law, the county criminal courts of Denton County have felony jurisdiction concurrent with the district court over matters involving intoxication arising by a true bill of indictment by a grand jury charging one or more offenses under Chapter 49, Penal Code. The jurisdiction provided by this subsection shall be exercised on assignment by a district judge, by the local administrative district judge, or the regional presiding judge after the return of the true bill of indictment.

(b)  A county criminal court has no jurisdiction over civil, civil appellate, probate, or mental health matters.

(c), (d) Repealed by Acts 2001, 77th Leg., ch. 267, Sec. 2, eff. May 22, 2001.

Added by Acts 1995, 74th Leg., ch. 328, Sec. 3, eff. Aug. 28, 1995. Amended by Acts 2001, 77th Leg., ch. 267, Sec. 2, eff. May 22, 2001.



Section  25.0635.  Denton County Statutory Probate Court Provisions. (a)

A statutory probate court in Denton County has the jurisdiction provided by Section 25.0021.

(b), (c) Repealed by Acts 2001, 77th Leg., ch. 635, Sec. 2(b), eff. May 1, 2002.

(d)  A statutory probate court has jurisdiction, regardless of the amount in controversy or remedy sought, over eminent domain cases as provided by Section 21.001, Property Code, for statutory county courts; direct and inverse condemnation cases; adjudication and determination of land titles, whether or not ancillary to eminent domain proceedings; partition cases; suits to quiet title; trespass to try title; lien foreclosures; and adjudication of all freehold and leasehold interests, easements, licenses, and boundaries of real property; with all ancillary or pendent jurisdiction necessary for adjudication of an eminent domain case as provided by Sections 21.002 and 21.003, Property Code.

Added by Acts 1995, 74th Leg., ch. 328, Sec. 3, eff. Aug. 28, 1995. Amended by Acts 2001, 77th Leg., ch. 635, Sec. 2, eff. May 1, 2002.



Section  25.0701.  Ector County.

(a) Ector County has the following statutory county courts:

(1)  County Court at Law of Ector County; and

(2)  County Court at Law No. 2 of Ector County.

(b)  A county court at law sits in Odessa.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.0702.  Ector County Court At Law.

(a) In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law in Ector 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 Ector County except that the terms begin on the first Mondays of January and July for civil cases over which the court has concurrent jurisdiction with the district court and in which the amount in controversy exceeds $500 and does not exceed $50,000, excluding interest.

(c)  The fees assessed in a case in which a county court at law has concurrent civil jurisdiction with the district court are the same as the fees that would be assessed in the district court for that case.

(d)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(e)  The judge of a county court at law shall be paid an annual salary that is not more than $1,000 less than the salary paid by the state to a district judge. The salary shall be paid out of the county treasury, on the order of the commissioners court.

(f)  The judge of the County Court at Law No. 2 of Ector County is entitled to travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as is allowed the county judge.

(g)  A special judge of the County Court at Law of Ector County may be appointed or elected in the manner provided by law relating to county courts. If the judge of the County Court at Law of Ector County 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 to try the case. A special judge of the County Court at Law of Ector County is entitled to receive $30 for each day served to be paid out of the general county fund by the commissioners court.

(h)  A special judge of the County Court at Law No. 2 of Ector County 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 have the same qualifications and is entitled to the same rate of compensation as the regular judge.

(i)  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 the court in all other cases.

(j)  The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.

(k)  The laws governing the drawing, selection, and service of jurors for county courts apply to a county court at law. Jurors regularly impaneled for the week by the district court may, at the request of the judge of a county court at law or the county judge, be made available in the numbers requested and shall serve for the week in a county court at law or the county court.

(l)  Jurors summoned by the County Court at Law of Ector County or the county court may by order of the judge of the court in which they are summoned be transferred to the other court for service and may be used as if summoned for the court to which they are transferred. The judges of the County Court at Law of Ector County and the county court may agree that jurors may be summoned for service in both courts and may be used interchangeably in the courts.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.08(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.05, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 20, 70, eff. Oct. 1, 1991.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1334, Sec. 1, eff. September 1, 2009.



Section  25.0721.  Ellis County.

Ellis County has the following statutory county courts:

(1)  the County Court at Law of Ellis County; and

(2)  the County Court at Law No. 2 of Ellis County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 461, Sec. 1, eff. Sept. 1, 2001.



Section  25.0722.  Ellis 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 Ellis 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.

(c)  The county courts at law of Ellis County have concurrent jurisdiction with the district court in civil cases regardless of the amount in controversy.

(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 not less than 90 percent of the annual salary of a district judge in the county. The salary shall be paid from the county treasury 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 the county judge.

(f)  A special judge for a county court at law may be appointed or elected as provided by law for the appointment or election of a special county judge. If the 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 for 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 assistant district attorneys, deputy sheriffs, and bailiffs as are necessary to serve the court.

(h)  The official court reporter of a county court at law is entitled to compensation set by the commissioners court at an amount at least equal to the compensation paid to the court reporter of a district court in Ellis County.

(i)  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.

(j)  The jurisdiction and authority vested by law in county courts for the drawing, selection, and service of jurors apply to a county court at law. Jurors summoned for service in one court may by order of the judge of the court to which they were summoned be transferred to the other court for service. If the judges agree, jurors may be summoned for service in any court and used interchangeably.

(k)  Jurors regularly impaneled for a week by the district court may, on request of the county judge or the judge of a county court at law, be made available and shall serve for the week in the county court or the county court at law.

(l)  Section 25.0008 does not apply to a county court at law in Ellis County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 21, 70, eff. Oct. 1, 1991; Acts 2001, 77th Leg., ch. 461, Sec. 2, eff. Sept. 1, 2001.



Section  25.0731.  El Paso County.

(a) El Paso County has the following statutory county courts:

(1)  County Court at Law No. 1 of El Paso County, Texas;

(2)  County Court at Law No. 2 of El Paso County, Texas;

(3)  County Court at Law No. 3 of El Paso County, Texas;

(4)  County Court at Law No. 4 of El Paso County, Texas;

(5)  County Court at Law No. 5 of El Paso County, Texas;

(6)  County Court at Law No. 6 of El Paso County, Texas;

(7)  County Court at Law No. 7 of El Paso County, Texas;

(8)  County Criminal Court at Law No. 1 of El Paso County, Texas;

(9)  County Criminal Court at Law No. 2 of El Paso County, Texas;

(10)  County Criminal Court at Law No. 3 of El Paso County, Texas; and

(11)  County Criminal Court at Law No. 4 of El Paso County, Texas.

(b)  El Paso County has the following statutory probate courts:

(1)   the Probate Court No. 1 of El Paso County, Texas; and

(2)  the Probate Court No. 2 of El Paso County, Texas.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1074, Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 512, Sec. 1, eff. June 13, 1991; Acts 1997, 75th Leg., ch. 20, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 139, Sec. 1, eff. Jan. 1, 2002.

Amended by:

Acts 2005, 79th Leg., Ch. 662, Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1122, Sec. 1, eff. September 1, 2007.



Section  25.0732.  El Paso 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 El Paso County has the jurisdiction provided by the constitution and by general law for district courts.

(b)  A county court at law does not have jurisdiction of:

(1)  felony cases, except as otherwise provided by law;

(2)  misdemeanors involving official misconduct; or

(3)  contested elections.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(d)  A county court at law does not have general supervisory control over the commissioners court.

(e)  A county court at law may not issue writs of habeas corpus in felony cases.

(f)  The district clerk serves as clerk of a county court at law in cases in the concurrent jurisdiction of the county courts at law and the district courts, and the county clerk serves as the clerk in all other cases. The district clerk shall establish a separate docket for each county court at law.

(g)  If a jury trial is requested in a case that is in a county court at law's jurisdiction as provided by Subsection (a), the jury shall be composed of six members unless the constitution requires a 12-member jury. Failure to object before a six-member jury is seated and sworn constitutes a waiver of a 12-member jury.

(h)  On request of a county court at law judge, jurors regularly impaneled for a week by the district courts may be made available and shall serve for the week in the county court at law.

(i)  Practice in the County Court at Law No. 1 of El Paso County, Texas, must conform to that prescribed by law for county courts.

(j)  A county court at law of El Paso County, Texas, may summon jurors for service in the court in the manner provided by law for county courts. Juries summoned for the County Court of El Paso County or a county court at law of El Paso County, Texas, may, by order of the judge of the court in which they are summoned, be transferred to the other court for service.

(k)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(l)  The judge of a county court at law shall be paid an annual salary that is at least equal to the amount that is $1,000 less than the total annual salary, including supplements, received by a district judge in the county.

(m)  A special judge of a county court at law may be appointed or elected as provided by law for the appointment or election of a special county judge.

(n)  A vacancy in the office of judge of a county court at law of El Paso County, Texas, is filled by appointment by the commissioners court.

(o)  The judges of the county courts at law may divide each term of court into as many sessions as they consider necessary for the disposition of business and may extend a particular term of court if practicable for the efficient and justiciable disposition of individual proceedings and matters.

(p)  The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.

(q)  The official court reporter of a county court at law must be well skilled in his profession. 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 at least the same amount as compensation as the official court reporters in the district courts in the county. The compensation shall be paid in the same manner that the district court reporters are paid.

(r)  Sections 25.0006(b) and 25.0007 do not apply to County Court at Law No. 2, 3, 4, 5, 6, or 7 of El Paso County, Texas.

(s)  If Article V, Section 7, of the Texas Constitution requires more than eight years of practicing law or serving as a judge of a court in this state to be qualified to be a district judge in El Paso County, that same qualification applies to the judges of the county courts at law of El Paso County. A change in that qualification does not affect the term of a judge elected before the qualification changes, and that judge, unless otherwise removed from office, serves for the term to which elected or appointed.

(t)  If any cause or proceeding is lodged with the district clerk and the district clerk files, dockets, or assigns the cause or proceeding in or to a county court at law and the county court at law does not have subject matter jurisdiction over the cause or proceeding, then the filing, docketing, or assignment of the cause or proceeding in or to a county court at law is considered a clerical error and that clerical error shall be corrected by a judgment or order nunc pro tunc. The cause or proceeding is considered filed, docketed, or assigned to the district court of the local administrative judge in the first instance rather than to a county court at law of El Paso County. The judge of a county court at law of El Paso County who acts in the cause or proceeding is considered assigned to the district court of the local administrative judge for that purpose and has all the powers of the judge of that district court under the assignment.

(u)  A county court at law judge of El Paso County has jurisdiction to grant an order permitting a marriage ceremony to take place during a 72-hour period immediately following the issuance of a marriage license in El Paso County.

(v)  The judges of the county courts at law of El Paso County have the same judicial immunity as a district judge.

(w)  In matters of concurrent jurisdiction, a judge of a statutory county court in El Paso County and a judge of a district court or another statutory county court in El Paso County may transfer cases between the courts in the same manner judges of district courts transfer cases under Section 24.303.

(x)  A judge of a statutory county court in El Paso County and a judge of a district court in El Paso County may exchange benches and may sit and act for each other in any matter pending before the court.

(y)  The El Paso Council of Judges shall order the transfer of criminal misdemeanor cases to the county criminal courts at law from time to time to equalize the criminal misdemeanor dockets of the statutory county courts for the efficient operation of the court system and the effective administration of justice.  In determining the court to which a case is transferred, the council shall give preference to a county criminal court at law that is required to give preference to certain cases under Subsection (z).

(z)  The County Criminal Courts No. 1, No. 2, No. 3, and No. 4 have the criminal jurisdiction provided by this section and other law for statutory county courts in El Paso County and appellate jurisdiction in appeals of criminal cases from justice courts and municipal courts in the county as provided by  Article 45.042, Code of Criminal Procedure.  The County Criminal Court No. 4 shall give preference to cases prosecuted under:

(1)  Section 22.01, Penal Code, in which the victim is a person whose relationship to or association with the defendant is described under Chapter 71, Family Code; and

(2)  Section 25.07, Penal Code.

(aa)  The County Criminal Court No. 1 has exclusive jurisdiction over environmental offenses.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(c), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1074, Sec. 2 to 4, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 20, Sec. 3, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 139, Sec. 2, eff. Jan. 1, 2002; Acts 2003, 78th Leg., ch. 770, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1122, Sec. 2, eff. September 1, 2007.



Section  25.0733.  El Paso County Probate Court Provisions.

(a) Sections 25.0732(d), (h), (i), (j), (m), (n), (o), (p), (q), (r), and (v), relating to county courts at law in El Paso County, apply to a statutory probate court in El Paso County.

(b)  The Probate Court No. 2 of El Paso County has primary responsibility for mental illness proceedings and for all administration related to mental illness proceedings, including budget preparation, staff management, and the adoption of administrative policy.  The Probate Court No. 1 of El Paso County has secondary responsibility for mental illness proceedings.

(c)  With the approval of the commissioners court, a judge of a statutory probate court may appoint an administrative assistant, court coordinator, auditor, and other staff necessary for the operation of the courts. The commissioners court, with the advice and counsel of the judge, sets the salaries of the staff.

(d)  The judge of a statutory probate court must:

(1)  be a citizen of the United States;

(2)  have resided in the county for at least two years before election or appointment; and

(3)  be licensed to practice law in this state and have actively practiced law for at least four consecutive years before election or appointment.

(e)  Repealed by Acts 2001, 77th Leg., ch. 635, Sec. 3(2), eff. Sept. 1, 2001.

(f)  The county clerk serves as clerk for a statutory probate court in El Paso County.

Added by Acts 1991, 72nd Leg., ch. 512, Sec. 2, eff. June 13, 1991. Amended by Acts 2001, 77th Leg., ch. 426, Sec. 4, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 635, Sec. 3(2), eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 662, Sec. 2, eff. September 1, 2005.



Section  25.0741.  Erath County.

Erath County has one statutory county court, the County Court at Law of Erath County.

Added by Acts 1991, 72nd Leg., ch. 746, Sec. 22(a), eff. Oct. 1, 1991.



Section  25.0742.  Erath 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 Erath County has concurrent jurisdiction with the district court in proceedings under Chapter 262, Family Code, in which the Department of Protective and Regulatory Services has assumed the care, custody, and control of a child.

(b)  The judge of a county court at law may not engage in the private practice of law.

Added by Acts 1991, 72nd Leg., ch. 746, Sec. 22(a), eff. Oct. 1, 1991. Amended by Acts 2001, 77th Leg., ch. 902, Sec. 1, eff. June 14, 2001.



Section 25.0761.  Fannin County.

Fannin County has one statutory county court, the County Court at Law of Fannin County.

Added by Acts 2009, 81st Leg., R.S., Ch. 663, Sec. 1, eff. September 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch. 1103, Sec. 11(a), eff. September 1, 2009.



Section 25.0762.  Fannin County Court At Law Provisions.

(a) In addition to the jurisdiction provided by Section 25.0003 and other law and except as provided by Subsection (b), a county court at law in Fannin County has concurrent jurisdiction with the district court in:

(1)  family law cases and proceedings, including proceedings under Chapter 262, Family Code; and

(2)  proceedings under Title 3, Family Code.

(b)  A county court at law does not have jurisdiction of proceedings under:

(1)  Section 262.201, Family Code; or

(2)  Section 54.03 or 54.04, Family Code.

(c)  A county court at law shall transfer a family law case or proceeding instituted under Chapter 262, Family Code, from that court to the district court before a hearing governed by Section 262.201, Family Code, is commenced.  A case or proceeding transferred as required by this subsection shall be completed under the same cause number and in the same manner as if the case or proceeding were originally filed in the district court.  The district court may not transfer the case or proceeding back to the county court at law, except as provided by Section 262.203(a), Family Code.

(d)  A county court at law shall transfer a juvenile case or proceeding instituted under Title 3, Family Code, from that court to another court designated as a juvenile court under Section 51.04, Family Code, before a hearing governed by Section 54.03, Family Code, is commenced.  A case or proceeding transferred as required by this subsection shall be completed under the same cause number and in the same manner as if the case or proceeding were originally filed in the juvenile court.  The juvenile court may not transfer the case or proceeding back to the county court at law.

Added by Acts 2009, 81st Leg., R.S., Ch. 663, Sec. 1, eff. September 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch. 1103, Sec. 11(a), eff. September 1, 2009.



Section  25.0811.  Fort Bend County.

Fort Bend County has the following statutory county courts:

(1)  County Court at Law No. 1 of Fort Bend County;

(2)  County Court at Law No. 2 of Fort Bend County;

(3)  County Court at Law No. 3 of Fort Bend County; and

(4)  County Court at Law No. 4 of Fort Bend County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 653, Sec. 1, eff. Aug. 30, 1993; Acts 1999, 76th Leg., ch. 278, Sec. 1, eff. Jan. 1, 2001.



Section  25.0812.  Fort Bend 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 Fort Bend County has concurrent jurisdiction with the district court in family law cases and proceedings.

(b)  A county court at law is primarily responsible for and shall give preference to:

(1)  cases in which the court's jurisdiction is concurrent with the county court;

(2)  eminent domain proceedings and cases;

(3)  proceedings under Title 3, Family Code; and

(4)  civil cases in which the amount in controversy does not exceed $20,000, excluding interest.

(c)  A county court at law may enforce an order of the Family District Court for the 328th Judicial District relating to a family law matter.

(d)  The commissioners court, by order, shall set at least four terms a year for the county court at law.

(e)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(f)  A judge of a county court at law may not engage in the private practice of law.

(g)  The salary of a judge of a county court at law shall be paid from the county treasury on order of the commissioners court in the same manner that county employees are paid.

(h)  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. A special judge must have the same qualifications and is entitled to the same rate of compensation as the regular judge.

(i)  The district clerk serves as clerk of the county courts at law in cases in which the district courts and county courts at law have concurrent jurisdiction, and which have been instituted in the district courts, and the county clerk serves as clerk of the county courts at law in all other cases.

(j)  The commissioners court may hire as many additional assistant criminal district attorneys, deputy sheriffs, and clerks as are necessary to serve the county courts at law.

(k)  If a jury trial is requested in a case of concurrent jurisdiction between the district courts and the county courts at law, and the case was instituted in the district court, the jury shall be composed of 12 members. In all other cases in which a jury trial is requested in the county courts at law, the jury shall be composed of six members.

(l)  Jurors regularly impaneled for the week by the district courts of Fort Bend County may, at the request of either the judge of the county court or of a county court at law, be made available by the district judges in the numbers requested and shall serve for the week in either the county court or county court at law.

(m)  Sections 25.0005(b) and 25.0011 do not apply to a county court at law in Fort Bend County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 23, 70, eff. Oct. 1, 1991.



Section  25.0861.  Galveston County.

(a) Galveston County has the following statutory county courts:

(1)  County Court No. 1 of Galveston County;

(2)  County Court No. 2 of Galveston County; and

(3)  County Court No. 3 of Galveston County.

(b)  Galveston County has one statutory probate court, the Probate Court of Galveston County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 24, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 818, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 904, Sec. 1, eff. Sept. 1, 2001.



Section  25.0862.  Galveston County Statutory Court Provisions.

(a) In addition to the jurisdiction provided by Section 25.0003 and other law, and except as limited by Subsection (b), a statutory county court in Galveston County has:

(1)  the jurisdiction provided by the constitution and by general law for district courts; and

(2)  appellate jurisdiction in all appeals in criminal cases from justice courts and municipal courts in Galveston County.

(b)  A statutory county court does not have jurisdiction of:

(1)  felony cases, except as otherwise provided by law; or

(2)  election contests.

(c)  Repealed by Acts 2003, 78th Leg., ch. 1276, Sec. 9.003.

(d)  Repealed by Acts 2003, 78th Leg., ch. 1276, Sec. 9.003.

(e)  Repealed by Acts 2003, 78th Leg., ch. 1276, Sec. 9.003.

(f)  The elected judge of the Probate Court of Galveston County must:

(1)  be a citizen of this state and of the United States;

(2)  be well informed in the laws of this state;

(3)  be a licensed attorney of this state who has practiced law or been a judge of a court in the state for at least five years immediately preceding election; and

(4)  have resided in and practiced law in Galveston County for at least two years immediately preceding election.

(g)  The judge of a statutory county court shall be paid an annual salary that is not less than the total annual salary, including supplements and contributions, paid a district judge in the county. The salary shall be paid out of the general fund of the county by warrants drawn on the county treasury on order of the commissioners court.

(h)  A bond is not required of the judge of the County Court No. 1, 2, or 3 of Galveston County.

(i)  The clerk of the statutory county courts and statutory probate court shall keep a separate docket for each court.  The clerk shall tax the official court reporter's fees as costs in civil actions in the same manner as the fee is taxed in civil cases in the district courts.  The district clerk serves as clerk of the county courts in a cause of action arising under the Family Code and an appeal of a final ruling or decision of the division of workers' compensation of the Texas Department of Insurance regarding workers' compensation claims, and the county clerk serves as clerk of the court in all other cases.

(j)  The sheriff shall appoint a deputy to attend County Court No. 1, 2, or 3 of Galveston County or the Probate Court of Galveston County when required by the judge.

(k)  The official court reporter of each statutory county court and each statutory probate court is entitled to the same compensation, paid in the same manner, as the official court reporters of the district courts in Galveston County. Each reporter is primarily responsible for cases in the reporter's court.

(l)  Each reporter may be made available when not engaged in proceedings in their court to report proceedings in all other courts. Practice, appeals, and writs of error in a statutory county court are as prescribed by law for county courts and county courts at law. Appeals and writs of error may be taken from judgments and orders of the County Courts Nos. 1, 2, and 3 of Galveston County and the judges, in civil and criminal cases, in the manner prescribed by law for appeals and writs of error. Appeals from interlocutory orders of the County Courts Nos. 1, 2, and 3 appointing a receiver or overruling a motion to vacate or appoint a receiver may be taken and are governed by the laws relating to appeals from similar orders of district courts.

(m)  Section 25.0006(b) does not apply to County Court No. 1, 2, or 3 of Galveston County.

(n)  If a jury trial is requested in a case that is in a county court at law's jurisdiction as provided by Subsection (a), the jury shall be composed of six members unless the constitution requires a 12-member jury. Failure to object before a six-member jury is seated and sworn constitutes a waiver of a 12-member jury.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 5.02(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.06, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 25, 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 818, Sec. 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 635, Sec. 3(2), eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 904, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 9.003, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 265, Sec. 6.004, eff. September 1, 2005.



Section  25.0931.  Grayson County.

(a) Grayson County has the following statutory county courts:

(1)  County Court at Law of Grayson County; and

(2)  County Court at Law No. 2 of Grayson County.

(b)  The county courts at law of Grayson County hold court in the Grayson County Courthouse in Sherman.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.0932.  Grayson 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 Grayson County has original concurrent jurisdiction with the justice court in all civil and criminal matters over which the justice court has jurisdiction.

(b)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 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 judgment or amount in controversy does not exceed $100, excluding interest and costs; and

(2)  the case is a civil case over which the court at law has appellate or original concurrent jurisdiction with the justice court.

(d)  Appeals from the justice court and other inferior courts in the county must be made directly to a county court at law.

(e)  The laws governing practice, procedure, and juries in county courts apply to the county courts at law.

(f)  Each county court at law has terms beginning on the first Mondays of February, April, June, August, October, and December.

(g)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(h)  The judge of a county court at law shall be paid an annual salary that does not exceed the total annual salary received by the county attorney. The salary shall be paid out of the county treasury on order of the commissioners court.

(i)  The judge of a county court at law may not actively engage in the private practice of law.

(j)  If the judge of a county court at law is disqualified or recused in a pending case, the county judge or the judge of another court at law may sit in the case.

(k)  The official court reporter of the County Court at Law No. 2 of Grayson County is entitled to receive, in addition to transcript fees, fees for statements of facts, and other fees, a salary set by the commissioners court at an amount that does not exceed the salary paid to the official court reporters of the district courts in the county. The salary shall be paid monthly in the same manner as other county employees' salaries are paid.

(l)  Section 25.0006(a) does not apply to a county court at law in Grayson County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.09(a), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.



Section  25.0941.  Gregg County.

(a) Gregg County has the statutory county courts provided by this section.

(b)  Gregg County has a statutory county court, the County Court at Law No. 1 of Gregg County.

(c)  Gregg County has an additional statutory county court, the County Court at Law No. 2 of Gregg County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 1210, Sec. 1, eff. June 15, 2001.



Section  25.0942.  Gregg County Court At Law Provisions.

(a) In addition to the jurisdiction provided by Section 25.0003 and other law, a county court of law in Gregg County has, concurrent with the district court, the jurisdiction provided by the constitution and general law for district courts, except that the county court at law does not have jurisdiction in capital felony cases.

(b)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(c)  The judge may not engage in the private practice of law.

(d)  The judge of a county court at law shall be paid an annual salary that is not less than $1,000 less than the total annual salary received by a district judge in the county.  The salary may not be more than the total annual salary received by a district judge in the county. The salary may be paid in equal monthly installments.

(e)  The judge of a county court at law 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 the county court at law who meets the same qualifications as the regular judge may be appointed in the manner provided by law for the appointment of a special county judge. If the judge of a county court at law is disqualified, the parties or their attorneys may agree on 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 commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve a county court at law.

(h)  The district clerk serves as clerk of a county court at law in cases enumerated in Subsection (a)(2), and the county clerk serves as clerk of a county court at law in all other cases.

(i)  The judge of a county court at law, with the commissioners court's consent, may employ a secretary. The commissioners court shall set the secretary's salary.

(j)  Practice in a county court at law must conform to that prescribed by law for county courts.

(k)  The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a county court at law. A general panel of jurors, or jurors impaneled for a week by a district court, may be made available to serve for the week in a county court at law.

(l)  Except as otherwise provided by this subsection, a jury in a county court at law shall be composed of six members, unless the constitution requires a 12-member jury. Failure to object before a six-member jury is seated and sworn constitutes a waiver of a 12-member jury. In matters in which the constitution does not require a 12-member jury and the county court at law has concurrent jurisdiction with the district court, the jury shall be composed of 12 members if a party to the suit requests a 12-member jury. In a civil case tried in a county court at law, the parties may, by mutual agreement and with the consent of the judge, agree to try the case with any number of jurors and have a verdict rendered and returned by the vote of any number of those jurors that is less than the total number of jurors.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 423, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 689, Sec. 1, eff. Jan. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1348, Sec. 1, eff. October 1, 2007.



Section  25.0961.  Guadalupe County.

(a) Guadalupe County has the following statutory county courts:

(1)  the County Court at Law of Guadalupe County; and

(2)  the County Court at Law No. 2 of Guadalupe County.

(b)  A county court at law in Guadalupe County sits in Seguin.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 44, Sec. 1, eff. May 3, 2001.



Section  25.0962.  Guadalupe County Court At Law Provisions.

(a) A county court at law in Guadalupe County has the same terms of court as the County Court of Guadalupe County.

(b)  In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law in Guadalupe County has concurrent jurisdiction with the district court in family law cases and proceedings including juvenile matters.

(c)  A person appointed to fill a vacancy in the office of judge is entitled to the same compensation as the previous judge.

(d)  If the judge of a county court at law is disqualified, the commissioners court shall appoint a special judge with the same qualifications as the regular judge. A special judge is entitled to the same rate of compensation as the regular judge.

(e)  The commissioners court may employ as many assistant county attorneys, 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 cases in the court's concurrent jurisdiction with the district court shall be governed by this section and the laws and rules pertaining to district courts as well as county courts. If a case in the court's concurrent jurisdiction with the district court is tried before a jury, the jury shall be composed of 12 members.

(g)  Jurors regularly impaneled for the week by the district courts 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.

(h)  Sections 25.0005(b) and 25.0008 do not apply to a county court at law in Guadalupe County.

(i)  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.

Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 867, Sec. 1, eff. Sept. 1, 1997.



Section  25.1031.  Harris County.

(a) Harris County has the following county civil courts at law:

(1)  County Civil Court at Law No. 1 of Harris County, Texas;

(2)  County Civil Court at Law No. 2 of Harris County, Texas;

(3)  County Civil Court at Law No. 3 of Harris County, Texas; and

(4)  County Civil Court at Law No. 4 of Harris County, Texas.

(b)  Harris County has the following county criminal courts:

(1)  County Criminal Court at Law No. 1 of Harris County, Texas;

(2)  County Criminal Court at Law No. 2 of Harris County, Texas;

(3)  County Criminal Court at Law No. 3 of Harris County, Texas;

(4)  County Criminal Court at Law No. 4 of Harris County, Texas;

(5)  County Criminal Court at Law No. 5 of Harris County, Texas;

(6)  County Criminal Court at Law No. 6 of Harris County, Texas;

(7)  County Criminal Court at Law No. 7 of Harris County, Texas;

(8)  County Criminal Court at Law No. 8 of Harris County, Texas;

(9)  County Criminal Court at Law No. 9 of Harris County, Texas;

(10)  County Criminal Court at Law No. 10 of Harris County, Texas;

(11)  County Criminal Court at Law No. 11 of Harris County, Texas;

(12)  County Criminal Court at Law No. 12 of Harris County, Texas;

(13)  County Criminal Court at Law No. 13 of Harris County, Texas;

(14)  County Criminal Court at Law No. 14 of Harris County, Texas; and

(15)  County Criminal Court at Law No. 15 of Harris County, Texas.

(c)  Harris County has the following statutory probate courts:

(1)  Probate Court No. 1 of Harris County, Texas;

(2)  Probate Court No. 2 of Harris County, Texas;

(3)  Probate Court No. 3 of Harris County, Texas; and

(4)  Probate Court No. 4 of Harris County, Texas.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 318, Sec. 1, eff. Aug. 30, 1993.



Section  25.1032.  Harris County Civil Court At Law Provisions.

(a) A county civil court at law in Harris County has jurisdiction over all civil matters and causes, original and appellate, prescribed by law for county courts, but does not have the jurisdiction of a probate court. A county civil court at law has jurisdiction in appeals of civil cases from justice courts in Harris County.

(b)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(c)  A county civil court at law has exclusive jurisdiction in Harris County of eminent domain proceedings, both statutory and inverse, regardless of the amount in controversy. In addition to other jurisdiction provided by law, a county civil court at law has jurisdiction to:

(1)  decide the issue of title to real or personal property;

(2)  hear a suit to recover damages for slander or defamation of character;

(3)  hear a suit for the enforcement of a lien on real property;

(4)  hear a suit for the forfeiture of a corporate charter;

(5)  hear a suit for the trial of the right to property valued at $200 or more that has been levied on under a writ of execution, sequestration, or attachment; and

(6)  hear a suit for the recovery of real property.

(d)  A county civil court at law has six terms of court beginning on the first Mondays of January, March, May, July, September, and November.

(e)  The judge of a county civil court at law must have been a licensed and practicing member of the state bar for at least five years.

(f)  The judge of a county civil court at law shall be paid an annual salary that is not less than the total annual salary received by a judge of a probate court in the county.

(g)  A special judge of a county civil court at law may be appointed or elected in the manner provided by law for the appointment or election of a special county judge.

(h)  The county sheriff shall, in person or by deputy, attend a county civil court at law as required by the judge.

(i)  The official court reporter of a county civil court at law is entitled to receive the same salary as a reporter of a district court in the county.

(j)  The county clerk shall keep separate dockets for each of the county civil courts at law. The county clerk shall tax the official court reporter's fee as costs in civil actions in a county civil court at law in the same manner as the fee is taxed in civil cases in the district courts.

(k)  Practice in a county civil court at law and appeals and writs of error from a county civil court at law are as prescribed by law for county courts.

(l)  Sections 25.0006(b) and 25.0008 do not apply to a county civil court at law in Harris County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.10(a), (b), 8.11(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 445, Sec. 1, eff. June 14, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.07, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.



Section  25.1033.  Harris County Criminal Court At Law Provisions.

(a) A county criminal court at law in Harris County has the criminal jurisdiction provided by law for county courts and appellate jurisdiction in appeals of criminal cases from justice courts and municipal courts in the county.

(b)  The judge of a county criminal court at law has the same powers, rights, and privileges as to criminal matters as a county judge having criminal jurisdiction.

(c)  A county criminal court at law or its judge may issue writs of habeas corpus in criminal misdemeanor cases and all writs necessary for the enforcement of its jurisdiction.

(d)  A county criminal court at law has terms beginning on the first Mondays of February, April, June, August, October, and December.

(e)  The judge of a county criminal court at law must have been a licensed and practicing member of the state bar for at least five years before appointment or election.

(f)  The judge of a county criminal court at law may not engage in the private practice of law.

(g)  The judge of a county criminal court at law shall be paid an annual salary that is not less than $1,000 less than the total annual salary, including supplements, of a district judge in the county.

(h)  An appointee to the office of judge of a county criminal court at law serves until the next general election at which the office appears on the ballot as provided by Article XVI, Section 65, of the Texas Constitution.

(i)  A special county criminal court at law judge may be appointed or elected as provided by law for special county judges. A special judge may also be appointed to serve in a county criminal court at law as provided by Section 75.403.

(j)  The county criminal courts may establish a court manager and coordinator system as provided by Section 75.402.

(k)  The Harris County district attorney serves as prosecutor for the county criminal courts at law as provided by Section 43.180.

(l)  The district clerk serves as clerk of a county criminal court at law.

(m)  The county sheriff shall, in person or by deputy, attend a county criminal court at law as required by the judge.

(n)  The official court reporter of a county criminal court at law is entitled to the same amount of compensation as the official court reporters of the district courts in the county. The salary shall be paid in the same manner as the district court reporters are paid.

(o)  Practice, procedure, appeals, and writs of error from a county criminal court at law are as prescribed by law for county courts.

(p)  Sections 25.0006, 74.091, and 74.092 do not apply to a county criminal court at law in Harris County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 635, Sec. 1, eff. June 14, 1989; Acts 2001, 77th Leg., ch. 1205, Sec. 1, eff. Sept. 1, 2001.



Section  25.1034.  Harris County Probate Court Provisions. (a) Rep

ealed by Acts 2001, 77th Leg., ch. 635, Sec. 3(2), eff. Sept. 1, 2001.

(b)  The Probate Court No. 3 of Harris County has primary responsibility for mental illness proceedings and for all administration related to mental illness proceedings, including budget preparation, staff management, and the adoption of administrative policy. The Probate Court No. 4 of Harris County has secondary responsibility for mental illness proceedings.

(c)  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 consecutive years before appointment or election.

(d), (e) Repealed by Acts 1989, 71st Leg., ch. 1078, Sec. 2, eff. Aug. 28, 1989.

(f)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 331, Sec. 2, eff. October 1, 2007.

(g)  The judge of a statutory probate court shall be paid an annual salary that is at least equal to the total annual salary, including supplements, received by a district judge in the county.

(h)  In the case of absence, disqualification, or incapacity of a statutory probate court judge, a special judge may be appointed or elected as provided by law for a special county judge.

(i)  With the approval of the commissioners court, a judge of a statutory probate court may appoint an administrative assistant, a court coordinator, an auditor, and other staff necessary for the operation of the courts. The commissioners court, with the advice and counsel of the judges, sets the salaries of the staff.

(j)  The county clerk shall keep a separate docket for each court. The county clerk shall assign and docket at random matters and proceedings filed in the statutory probate courts according to the following percentages: Probate Court No. 1 of Harris County, 30 percent; Probate Court No. 2 of Harris County, 30 percent; Probate Court No. 3 of Harris County, 20 percent; and Probate Court No. 4 of Harris County, 20 percent.

(k)  The county sheriff shall attend a statutory probate court as required by the judge.

(l)  Practice and procedure in a statutory probate court is that prescribed by law for county courts.

(m)  Repealed by Acts 1991, 72nd Leg., ch. 394, Sec. 4, eff. Aug. 26, 1991 and Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1987, 70th Leg., ch. 466, Sec. 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1078, Sec. 1, 2, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 394, Sec. 4, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991; Acts 1999, 76th Leg., ch. 1153, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 635, Sec. 3(2), eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 331, Sec. 2, eff. October 1, 2007.



Section  25.1041.  Harrison County.

(a) Harrison County has one statutory county court, the County Court at Law of Harrison County.

(b)  The County Court at Law of Harrison County sits in Marshall.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.1042.  Harrison County Court At Law Provisions. (a) Rep

ealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(b)  A county court at law has the same terms of court as the county court.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(d)  The judge of a county court at law may not appear and plead as an attorney in a county court at law in the county or in a court with jurisdiction inferior to the county courts at law.

(e)  The judge of a county court at law shall be paid a salary that is equal to the amount paid the criminal district attorney of Harrison County. The salary shall be paid out of the county treasury on orders of the commissioners court.

(f)  If the judge of a county court at law is disqualified to try a case, a special judge 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 as the regular judge and is entitled to receive the same rate of compensation as the regular judge.

(g)  The criminal district attorney is entitled to the same fees prescribed by law for prosecutions in the county court. The commissioners court may employ as many additional deputy sheriffs and clerks as are necessary to serve a county court at law.

(h)  Practice in a county court at law is that prescribed by law for county courts.

(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 in Harrison County. 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 the other court for service and may be used as if summoned by the court to which they were transferred. If the judges agree, jurors may be summoned for service in the county court and county court at law and may be used interchangeably.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.



Section  25.1071.  Hays County.

Hays County has the following statutory county courts:

(1)  the County Court at Law No. 1 of Hays County; and

(2)  the County Court at Law No. 2 of Hays County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.12(a), eff. Aug. 28, 1989.



Section  25.1072.  Hays County At Law Provisions.

(a) In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law in Hays 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.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 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 county clerk serves as clerk of a county court at law, except that the district clerk serves as clerk of the court in family law cases and proceedings. The district clerk shall establish a separate docket for a county court at law. The commissioners court may employ as many assistant district attorneys, deputy sheriffs, and bailiffs as are necessary to serve the court.

(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 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.

(g)  The laws governing the drawing, selection, and service of jurors for county courts apply to 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 the other court.

(h)  Jurors regularly impaneled for the week by the district courts, on request of the county judge or the judge of a county court at law, may be made available and shall serve for the week in the county court or county court at law.

(i)  Section 25.0005(b) does not apply to a county court at law in Hays County.

(j)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.12(b), (c), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.08, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 26, 70, eff. Oct. 1, 1991.



Section  25.1091.  Henderson County.

Henderson County has the following statutory county courts:

(1)  the County Court at Law of Henderson County; and

(2)  the County Court at Law No. 2 of Henderson County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 377, Sec. 3(a), eff. Sept. 1, 2003.



Section  25.1092.  Henderson 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 Henderson County has concurrent jurisdiction with the district court in family law cases and proceedings.

(b)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(c)  The judge of a county court at law may set and approve sequestration bonds and replevy bonds in excess of the $50,000 jurisdictional amount in cases in which the amount of the suit is less than that amount.

(d)  The judge of a county court at law shall be paid an annual salary that is at least $40,000.

(e)  The judge of a county court at law may not engage in the private practice of law.

(f)  If the regular judge of a county court at law is absent, is disabled for more than 30 calendar days, or is disqualified from presiding, the presiding judge of the administrative judicial region in which the county is located may appoint a qualified person licensed to practice law in this state as a special judge. The special judge must have the qualifications required of the regular judge.

(g)  A special judge of a county court at law must take the oath of office required of the regular judge and has the power and jurisdiction of the court and of the regular judge for whom he is sitting. A special judge may sign orders, judgments, decrees, or other process as "Judge Presiding" when acting for the regular judge.

(h)  Repealed by Acts 1995, 74th Leg., ch. 242, Sec. 1, eff. Aug. 28, 1995.

(i)  If the regular judge is absent, disabled, or disqualified from presiding, the presiding judge of the administrative judicial region may appoint a retired judge of a district court or county court at law or a regular judge of a district court or county court at law to preside over the county court at law. The presiding judge of the judicial region with the consent of a retired judge of a district court or county court at law, or a regular judge of a district court within the presiding judge's region, may make an assignment outside the judicial region over which the judge presides with the specific authorization of the presiding judge of the judicial region in which the assignment is made.

(j)  A retired judge of a district court or county court at law may elect to be a judicial officer by filing the written election with the presiding judge of the judicial district in which the retired judge resides. A judge may not be appointed special judge or visiting judge if the judge:

(1)  appears and pleads as an attorney at law in any court of this state;

(2)  has been defeated in an election for judge of the court over which the judge formerly presided;

(3)  has been removed from office by impeachment, by the supreme court, or by the governor on address to the legislature;

(4)  has been discharged from the practice of law, whether or not reinstated; or

(5)  has resigned as judge of a court while under investigation by the State Commission on Judicial Conduct.

(k)  A visiting judge has the same authority and powers and is entitled to the same amount of compensation as provided for a special judge by this section.

(l)  The judge of a county court at law may 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 receive from county funds an annual salary set by the commissioners court. The salary shall be paid in monthly installments.

(m)  The official court reporter of a county court at law is entitled to receive the same amount of compensation, fees, and allowances as the reporter of a district court.

(n)  The county clerk serves as clerk of a county court at law, except the district judge and the judge of the county court at law, by rule, may provide that the district clerk serve as clerk of a county court at law in matters of concurrent jurisdiction with the district court.

(o)  The commissioners court shall provide the deputy clerks, bailiffs, secretaries, and other personnel necessary to operate a county court at law.

(p)  In cases of concurrent jurisdiction with the district court, the jury shall be composed of 12 members, but the parties in a case may agree to a lesser number.

(q)  Sections 25.0006 and 25.0008 do not apply to a county court at law in Henderson County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.44(4), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.09, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 27, 70, eff. Oct. 1, 1991; Acts 1995, 74th Leg., ch. 242, Sec. 1, eff. Aug. 28, 1995.



Section  25.1101.  Hidalgo County.

/p> Text of subsection effective until September 01, 2011

(a) Hidalgo County has the following statutory county courts:

(1)  County Court at Law No. 1 of Hidalgo County;

(2)  County Court at Law No. 2 of Hidalgo County;

(3)  County Court at Law No. 4 of Hidalgo County;

(4)  County Court at Law No. 5 of Hidalgo County; and

(5)  County Court at Law No. 6 of Hidalgo County.

Text of subsection effective on September 01, 2011

(a) Hidalgo County has the following statutory county courts:

(1)  County Court at Law No. 1 of Hidalgo County;

(2)  County Court at Law No. 2 of Hidalgo County;

(3)  County Court at Law No. 4 of Hidalgo County;

(4)  County Court at Law No. 5 of Hidalgo County;

(5)  County Court at Law No. 6 of Hidalgo County;

(6)  County Court at Law No. 7 of Hidalgo County; and

(7)  County Court at Law No. 8 of Hidalgo County.

(b)  Hidalgo County has one statutory probate court, the Probate Court of Hidalgo County.

(c)  The county courts at law of Hidalgo County sit in the county seat.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1135, Sec. 1, eff. Aug. 28, 1989; Acts 2001, 77th Leg., ch. 1211, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 278, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 1335, Sec. 1, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch. 860, Sec. 1, eff. September 1, 2011.

Acts 2009, 81st Leg., R.S., Ch. 1090, Sec. 1, eff. September 1, 2011.

Acts 2009, 81st Leg., R.S., Ch. 1103, Sec. 12(a), eff. September 1, 2011.



Section  25.1102.  Hidalgo 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 Hidalgo County has concurrent jurisdiction with the district court in:

(1)  family law cases and proceedings; and

(2)  civil cases in which the matter in controversy does not exceed $750,000, excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs, as alleged on the page of the petition.

(b)  The County Court at Law No. 6 of Hidalgo County shall give preference to family law cases and proceedings.

(c)  The judge of a county court at law shall be paid an annual salary that is not less than $1,000 less than the total annual salary, including supplements, received by a district judge in the county. The salary of a county court at law judge shall be paid in the same manner and from the same fund as prescribed by law for the county judge of Hidalgo County.

(d)  A special judge of a county court at law may be appointed or elected as provided by law for county judges. A special judge is entitled to the same rate of compensation as the regular judge.

(e)  The county sheriff shall, either in person or by deputy, attend the County Court at Law No. 1 or No. 2 of Hidalgo County as required by the judge. The sheriff serves the county court at law as provided by Section 25.0010(b).

(f)  The official court reporter of a county court at law is entitled to receive a salary set by the judge of the county court at law as provided by law for district court reporters. The salary shall be paid monthly by the commissioners court out of funds available for that purpose. The clerk of the court shall tax as costs in each civil, criminal, or probate case in which a record, or any part of a record, is made of the evidence a stenographer's fee of $20. The clerk collects the fees and pays them in to the county's general fund.

(g)  The official interpreter of the district courts of Hidalgo County serves as official interpreter of each county court at law. If the official interpreter is not available, the judge of a county court at law may appoint a temporary interpreter. The temporary interpreter shall be compensated at an amount not to exceed $5 a day paid out of the county's general fund on certificate of the judge. Subject to the commissioners court approval, the judge of a county court at law may appoint an official interpreter for the court as provided by law.

(h)  Practice, appeals, and writs of error in a county court at law are those prescribed by law for county courts.

(i)  The jurisdiction and authority vested by law in the county court for the drawing, selection, and service of jurors shall be exercised by a county court at law. Jurors summoned for any of the county courts at law or the county court may by order of the judge of the court in which they are summoned be transferred to any of the other courts for service and may be used as if summoned for the court to which they are transferred. On agreement of the judges of the county court and county courts at law, jurors may be summoned for service in all of the courts and used interchangeably in the courts.

(j)  Jurors regularly impaneled for the week by the district courts may, on 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 for service for the week and shall serve for the week in the county court or county courts at law.

(k)  Expired.

(l)  A judge of a county court at law may not engage in the private practice of law.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1135, Sec. 2 to 4, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 746, Sec. 28, 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 1446, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1211, Sec. 2, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 278, Sec. 2, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 1335, Sec. 2, eff. September 1, 2005.



Section  25.1103.  Hidalgo County Probate Court Provisions.

The judge of a statutory probate court must be:

(1)  a qualified voter;

(2)  a resident of the county; and

(3)  a licensed attorney in this state who has actively practiced law for at least five years before the date of election or appointment.

Added by Acts 2001, 77th Leg., ch. 1211, Sec. 3, eff. Sept. 1, 2001.



Section 25.1111.  Hill County.

Hill County has one statutory county court, the County Court at Law of Hill County.

Added by Acts 2005, 79th Leg., Ch. 959, Sec. 1, eff. September 1, 2005.



Section 25.1112.  Hill 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 Hill County has concurrent jurisdiction with the district court in felony cases and family law cases and proceedings.  A county court at law does not have jurisdiction of felony cases involving capital murder.

(b)  A county court at law in Hill County has the same terms of court as the 66th District Court.

(c)  The judge of a county court at law may not engage in the private practice of law and must meet the qualifications established by Section 25.0014.

(d)  The judge of a county court at law shall be paid as provided by Section 25.0005.  The judge's salary shall be paid out of the county treasury on order of the commissioners court. The judge is entitled to necessary office and operational expenses, including administrative and clerical personnel, in the same manner as the county judge.

(e)  The district clerk serves as the clerk of a county court at law for all criminal and civil matters except that the county clerk serves as the clerk of the county court at law in uncontested probate and guardianship matters.  The county clerk shall transfer to the district clerk any contested probate and guardianship matters filed with the county clerk.

(f)  The commissioners court may employ the assistant district attorneys, assistant county attorneys, assistant clerks, deputy sheriffs, and bailiffs necessary to serve the county court at law.

(g)  Notwithstanding Section 74.0911, the judge of the 66th District Court shall act as presiding judge between the district and county court at law and may assign to the county court at law original or appellate cases that are within the jurisdiction of the county court at law.  The assignment shall be made by docket notation.

(h)  In matters of concurrent jurisdiction, the judge of a county court at law and the judge of the 66th District Court may exchange benches, transfer cases, assign each other to hear cases in accordance with orders signed and approved by the judges involved, and otherwise manage their respective dockets under local administrative rules.

(i)  The official court reporter of a county court at law is entitled to the compensation set by the commissioners court on order of the judge of the court in an amount not to exceed 90 percent of the compensation paid to the court reporter of a district court in Hill County.

(j)  If a family law case or proceeding is tried before a jury, the jury shall be composed of 12 members.  In all other cases, except as otherwise required by law, the jury shall be composed of six members.

(k)  Jurors regularly impaneled for a week by the district court may, on request of the county judge or the judge of a county court at law, be made available and shall serve for the week in the county court or the county court at law.

Added by Acts 2005, 79th Leg., Ch. 959, Sec. 1, eff. September 1, 2005.



Section  25.1131.  Hood County.

Hood County has one statutory county court, the County Court at Law No. 1 of Hood County.

Added by Acts 2001, 77th Leg., ch. 629, Sec. 1, eff. Sept. 1, 2001.



Section  25.1132.  Hood 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 Hood County has the jurisdiction provided by this section.

(b)  A county court at law in Hood County has concurrent jurisdiction with the county court in mental health cases.

(c)  A county court at law in Hood County has concurrent jurisdiction with the district court in:

(1)  civil cases in which the matter in controversy exceeds $500 but does not exceed $250,000, excluding interest;

(2)  family law cases and related proceedings;

(3)  contested probate matters under Section 4D(a), Texas Probate Code; and

(4)  contested guardianship matters under Section 606(b), Texas Probate Code.

(d)  The county court and each county court at law and district court in Hood County has jurisdiction over juvenile matters and may be designated a juvenile court. The county court has primary jurisdiction over juvenile matters.

(e)  Except as provided by Subsection (c)(3) or (4), a county court at law does not have probate jurisdiction.

(f)  A county court at law in Hood County has the same terms of court as the County Court of Hood County.

(g)  The judge of a county court at law in Hood County must:

(1)  be a citizen of the United States;

(2)  be a resident of Hood County;

(3)  have actively practiced law in Hood County for at least the four years preceding the date of election or appointment;

(4)  be a qualified voter; and

(5)  be a licensed attorney in this state for at least the four years preceding the date of election or appointment.

(h)  The judge of a county court at law may not engage in the private practice of law.

(i)  The judge of a county court at law shall be paid an annual salary that is not less than 90 percent of the annual salary of a district judge in the county. The salary shall be paid from the county treasury 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 the county judge.

(j)  If the regular judge of a county court at law is absent, disabled, or disqualified from presiding, a special judge may be appointed in the manner provided by law for the appointment of a special judge. A special judge must have the same qualifications as the regular judge and is entitled to the same amount of daily compensation as the regular judge. The compensation paid to a special judge may not be deducted from the salary paid to the regular judge.

(k)  A special judge must take the oath of office required by law for the regular judge and has the same authority as the regular judge. A special judge may sign orders, judgments, decrees, and other processes of the court as "Judge Presiding" when acting for the regular judge. The appointment of a special judge to a county court at law does not affect the jurisdiction of the court.

(l)  The judge of a county court at law, with the approval of the commissioners court, may appoint personnel necessary for the operation of the court. The appointed personnel are entitled to compensation, fees, and allowances set by the commissioners court, or otherwise provided by law, and paid from county funds.

(m)  The commissioners court may employ as many assistant county attorneys and bailiffs as are necessary to serve a county court at law.

(n)  The official court reporter of a county court at law is entitled to compensation set by the commissioners court in an amount at least equal to the compensation paid to the court reporter of a district court in Hood County.

(o)  If a family law case or proceeding is tried before a jury in a county court at law, the jury shall be composed of 12 members. In all other cases, the jury shall be composed of six members.

(p)  A county court at law has the jurisdiction and authority vested by law in the county court for the drawing, selection, and service of jurors. Jurors summoned for service in the county court or a county court at law, by order of the judge of the court to which the jurors were summoned, may be transferred to another court for service in that court. If the judges of the county court and each county court at law agree, jurors may be summoned for service in all of the courts and used interchangeably in the courts.

Added by Acts 2001, 77th Leg., ch. 629, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 774, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1351, Sec. 12(e), eff. September 1, 2009.



Section  25.1141.  Hopkins County.

Hopkins County has one statutory county court, the County Court at Law of Hopkins County.

Added by Acts 1991, 72nd Leg., ch. 441, Sec. 1, eff. Jan. 1, 1992; Acts 1991, 72nd Leg., ch. 746, Sec. 29(a), eff. Jan. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 731, Sec. 1, eff. Jan. 1, 1996.



Section  25.1142.  Hopkins 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 Hopkins County has except as limited by Subsection (b), 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)  civil cases in which the amount in controversy exceeds $100,000, excluding interest;

(2)  felony jury trials;

(3)  suits on behalf of the state to recover penalties or escheated property;

(4)  misdemeanors involving official misconduct; or

(5)  contested elections.

(c)  The judge of a county court at law must:

(1)  be a citizen of the United States;

(2)  have resided in the county for at least two years before appointment or election; and

(3)  have been a licensed attorney in this state for at least three years before appointment or election.

(d)  The judge of a county court at law shall be paid an annual salary that does not exceed 80 percent of the annual salary that is paid by the state to a district judge in the county. The salary shall be paid from the same fund and in the same manner as other county officials 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 court, 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 1991, 72nd Leg., ch. 441, Sec. 1, eff. Jan. 1, 1992; Acts 1991, 72nd Leg., ch. 746, Sec. 29(a), eff. Jan. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 731, Sec. 2, eff. Jan. 1, 1996.



Section  25.1151.  Houston County.

Houston County has one statutory county court, the County Court at Law of Houston County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.1152.  Houston 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 Houston County has concurrent jurisdiction with the district court in family law cases and proceedings including juvenile matters.

(b)  A county court at law has terms beginning on the first Mondays in January, April, July, and October.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(d)  The salary of the judge of a county court at law shall be paid out of the county treasury on orders of the commissioners court. The judge is entitled to reasonable travel expenses and necessary office expenses, including administrative and clerical assistance.

(e)  The judge of a county court at law shall diligently discharge the duties of his office on a full-time basis and may not engage in the private practice of law.

(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 selection of a special county judge. If a judge of a county court at law is disqualified or excuses himself from a case pending in his 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 judge of a county court at law shall set the official court reporter's salary at an amount that does not exceed the salary of the court reporter for the district court. The salary shall be paid from the county treasury on order of the commissioners court.

(h)  Practice in a county court at law must conform to that prescribed by general 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.

(j)  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.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 30(a), (b), 70, eff. Oct. 1, 1991.



Section 25.1181.  Hunt County.

Hunt County has two statutory county courts:

(1)  the County Court at Law Number One of Hunt County; and

(2)  the County Court at Law Number Two of Hunt County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 197, Sec. 1, eff. September 1, 2007.



Section 25.1182.  Hunt 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 Hunt County has concurrent jurisdiction with the district court in:

(1)  felony cases to:

(A)  conduct arraignments;

(B)  conduct pretrial hearings;

(C)  accept guilty pleas; and

(D)  conduct jury trials on assignment of a district judge presiding in Hunt County and acceptance of the assignment by the judge of the county court at law;

(2)  Class A and Class B misdemeanor cases;

(3)  family law matters;

(4)  juvenile matters;

(5)  probate matters; and

(6)  appeals from the justice and municipal courts.

(b)  A county court at law's civil jurisdiction concurrent with the district court in civil cases is limited to cases in which the matter in controversy does not exceed $200,000. A county court at law does not have general supervisory control or appellate review of the commissioners court or jurisdiction of:

(1)  suits on behalf of this state to recover penalties or escheated property;

(2)  felony cases involving capital murder;

(3)  misdemeanors involving official misconduct; or

(4)  contested elections.

(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 a total annual salary set by the commissioners court at an amount that is not less than $1,000 less than the total annual salary received by a district judge in the county.  A district judge's or statutory county court judge's total annual salary does not include contributions and supplements paid by a county.

(e)  The judge of a county court at law may not engage in the private practice of law.

(f)  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 matters.  Each clerk shall establish a separate docket for a county court at law.

(g)  The official court reporter of a county court at law is entitled to receive a salary set by the judge of the county court at law with the approval of the commissioners court.

(h)  Jurors summoned for 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, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.10, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1103, Sec. 13(a), eff. September 1, 2009.



Section  25.1251.  Jefferson County.

(a) Jefferson County has the following statutory county courts:

(1)  County Court of Jefferson County at Law No. 1;

(2)  County Court of Jefferson County at Law No. 2; and

(3)  County Court of Jefferson County at Law No. 3.

(b)  The county courts at law of Jefferson County sit in Beaumont.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.1252.  Jefferson County Court At Law Provisions. (a) Rep

ealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(b)  The County Court of Jefferson County at Law No. 3 shall give preference to criminal cases.

(c)  A county court at law has terms beginning on the first Mondays in January, April, July, and October.

(d)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(e)  The judge of a county court at law shall be paid an annual salary that is at least equal to the amount that is $1,000 less than the total annual salary, including supplements, received by a district judge in the county. The salary shall be paid out of the county treasury on order of the commissioners court.

(f)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(g)  A special judge of a county court at law in Jefferson County may be appointed or elected in the manner provided by law for the appointment or election of a special district or county judge. A special judge is entitled to the same rate of compensation as the regular judge. The compensation of the special judge shall be paid out of a general fund of the county treasury and may not be deducted from the salary of the regular judge.

(h)  In addition to the lawful fees for transcribing testimony and preparing statements of facts, the official shorthand reporter of the County Court of Jefferson County at Law No. 3 receives the same salary as the official shorthand reporter of the County Court of Jefferson County at Law No. 1. The salary shall be paid monthly out of the county treasury on order of the commissioners court.

(i)  The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.

(j)  A county court at law may exercise the jurisdiction vested in the district court for the drawing, selection, and service of jurors. A panel not exceeding 24 jurors shall be drawn for any one week of a court, and the juries selected may not exceed six.

(k)  For each court, the county clerk shall appoint a deputy acceptable to the judge to attend the sessions of court and attend to all matters pertaining to the court. The deputy assigned to the County Court of Jefferson County at Law No. 1 is entitled to receive a salary not to exceed the maximum salary paid other deputies in the county clerk's office with the rating of a head of a department. The salary shall be paid out of the county's general fund on order of the commissioners court.

(l)  An appeal from the justice courts or municipal courts in Jefferson County must be made directly to any of the county courts at law in Jefferson County.

(m)  Sections 25.0006 and 25.0007 do not apply to the county courts at law of Jefferson County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.



Section  25.1281.  Johnson County.

Johnson County has the following statutory county courts:

(1)  the County Court at Law No. 1 of Johnson County; and

(2)  the County Court at Law No. 2 of Johnson County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 529, Sec. 1, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 31(a), eff. Oct. 1, 1991.



Section  25.1282.  Johnson 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 Johnson County has concurrent jurisdiction with the district court in family law cases and proceedings.

(b)  A county court at law has the same terms as the County Court of Johnson County.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 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 equal to 90 percent of the annual salary paid by the state to a district judge in the county. The salary shall be paid in the same manner and from the same fund as the salary of the county judge.

(f)  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. A special judge must have the same qualifications as the regular judge and is entitled to the same rate of compensation as the regular judge for each day served.

(g)  The county attorney or district attorney serves as prosecuting attorney for a county court at law.

(h)  Practice in a county court at law in Johnson County is that prescribed by law for county courts.

(i)  The laws governing the drawing, selection, and service of jurors for county courts apply to a county court at law.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1076, Sec. 1, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 746, Sec. 32, 70, eff. Oct. 1, 1991.



Section 25.1311.  Kaufman County.

Kaufman County has the following statutory county courts:

(1)  the County Court at Law of Kaufman County; and

(2)  the County Court at Law No. 2 of Kaufman County.

Added by Acts 1993, 73rd Leg., ch. 197, Sec. 1, eff. Jan. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch. 776, Sec. 1, eff. September 1, 2005.



Section  25.1312.  Kaufman County Court At Law Provisions.

(a) In addition to the jurisdiction provided by Section 25.0003 and other law, a statutory county court in Kaufman County has, except as limited by Subsections (b) and (b-1), the jurisdiction provided by the constitution and general law for district courts.

(b)  A statutory county court in Kaufman County does not have general supervisory control or appellate review of the commissioners court or jurisdiction of:

(1)  felony cases involving capital murder;

(2)  suits on behalf of the state to recover penalties or escheated property;

(3)  misdemeanors involving official misconduct; or

(4)  contested elections.

(b-1)  The County Court at Law No. 2 of Kaufman County does not have jurisdiction of civil cases in which the amount in controversy exceeds the limit prescribed by Section 25.0003(c)(1).

(c)  The district clerk serves as clerk of a statutory county court except that the county clerk serves as clerk of the statutory county court in matters of mental health, probate, juvenile and criminal misdemeanor docket, and all civil matters in which the statutory county court does not have concurrent jurisdiction with the district court.

(d)  Jurors regularly impaneled for the week by the district courts may, at the request of a statutory county court judge, be made available by the district judge in the numbers requested and shall serve for the week or until released in the statutory county court.

(e)  A statutory county court may summon jurors through the county clerk for service in the statutory county court in the manner provided by the laws governing the drawing, selection, and service of jurors for county courts. Jurors summoned shall be paid in the same manner and at the same rate as jurors for district courts in Kaufman County. By order of the judge of a statutory county court, jurors summoned to the statutory county court may be transferred to the district court for service in noncapital felony cases.

(f)  Notwithstanding Sections 74.091 and 74.0911, a district judge serves as the local administrative judge for the district and statutory county courts in Kaufman County. The judges of district courts shall elect a district judge as local administrative judge for a term of not more than two years. The local administrative judge may not be elected on the basis of rotation or seniority.

(g)  When administering a case for the statutory county court, the district clerk shall charge civil fees and court costs as if the case had been filed in the district court. In a case of concurrent jurisdiction, the case shall be assigned to either the district court or statutory county court in accordance with local administrative rules established by the local administrative judge.

(h)  The judge of the statutory county court shall appoint an official court reporter for the court and shall set the official court reporter's annual salary, subject to approval by the county commissioners court. The official court reporter of the statutory county court shall take an oath or affirmation as an officer of the court, holds office at the pleasure of the judge of the court, and shall be provided a private office in close proximity to the court. The official court reporter is entitled to all rights and benefits afforded all other county employees.

(i)  With the approval of the county commissioners court and through the county budget process, the judge of the statutory county court shall hire a staff. The staff of the judge of the statutory county court consists of a court coordinator and a bailiff. Court personnel employed under this subsection are entitled to receive a salary set by the commissioners court and other employment benefits received by county employees.

(j)  Not later than one year after the date of appointment, the bailiff of a statutory county court must have received a peace officer license under Chapter 415 from the Commission on Law Enforcement Officer Standards and Education. The sheriff of Kaufman County shall deputize the bailiff of a statutory county court. The bailiff of a statutory county court is subject to the training and continuing education requirements of a sheriff's deputy of the county. The sheriff shall remove from office a bailiff who does not receive a peace officer license within one year of appointment as required by this subsection.

(k)  The judge of a statutory county court must be a United States citizen at the time of appointment or election.

(l)  The judge of a statutory county court shall diligently discharge the duties of the office on a full-time basis and may not engage in the private practice of law.

(m)  In matters of concurrent jurisdiction, the judge of a statutory county court and the district judge may exchange benches, transfer cases, subject to acceptance, assign each other to hear cases, and otherwise manage their respective dockets under local administrative rules.

(n)  The judge of a statutory county court has the same judicial immunity as a district judge.

Added by Acts 1993, 73rd Leg., ch. 197, Sec. 1, eff. Jan. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch. 776, Sec. 2, eff. September 1, 2005.



Section  25.1321.  Kendall County.

Kendall County has one statutory county court, the County Court at Law of Kendall County.

Added by Acts 1999, 76th Leg., ch. 897, Sec. 1, eff. Aug. 30, 1999.



Section  25.1322.  Kendall 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 of Kendall County has concurrent jurisdiction with the district court.

(b)  A county court at law does not have jurisdiction of:

(1)  felony cases, except as otherwise provided by law;

(2)  misdemeanors involving official misconduct; or

(3)  contested elections.

(c)  A county court at law may not issue a writ of habeas corpus in a felony case over which the court has jurisdiction.

(d)  The commissioners court by order entered of record shall set at least two terms of court each year for each county court at law.

(e)  A judge of a county court at law may not engage in the private practice of law.

(f)  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.

(g)  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. The district clerk shall establish a separate docket for each county court at law.

(h)  A judge of a county court at law shall be paid an annual salary that is at least equal to the amount that is $4,000 less than the total annual salary, including supplements, received by a district judge in the county.

(i)  The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.

(j)  On request of a county court at law judge, jurors regularly impaneled for a week by the district courts may be made available and shall serve for the week in the county court at law.

(k)  If any cause or proceeding is lodged with the district clerk and the district clerk files, dockets, or assigns the cause or proceeding in or to a county court at law and the county court at law does not have subject matter jurisdiction over the cause or proceeding, then the filing, docketing, or assignment of the cause or proceeding in or to a county court at law is considered a clerical error and that clerical error shall be corrected by a judgment or order nunc pro tunc. The cause or proceeding is considered filed, docketed, or assigned to the district court of the local administrative judge in the first instance rather than to a county court at law of Kendall County. The judge of a county court at law of Kendall County who acts in the cause or proceeding is considered assigned to the district court of the local administrative judge for that purpose and has all the powers of the judge of that district court under the assignment.

Added by Acts 1999, 76th Leg., ch. 897, Sec. 1, eff. Aug. 30, 1999.



Section  25.1351.  Kerr County.

Kerr County has one statutory county court, the County Court at Law of Kerr County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.1352.  Kerr County Court At Law Provisions. (a) Rep

ealed by Acts 1993, 73rd Leg., ch. 72, Sec. 2, eff. Sept. 1, 1993.

(b)  In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law in Kerr County has:

(1)  concurrent jurisdiction with the district court in proceedings under the Family Code; and

(2)  concurrent with the county court, the jurisdiction of a probate court in proceedings under Chapter 462, Health and Safety Code, and Subtitle C, Title 7, Health and Safety Code.

(c)  Repealed by Acts 1993, 73rd Leg., ch. 72, Sec. 2, eff. Sept. 1, 1993.

(d)  A county court at law has a term of court that begins January 1 and ends December 31 of each year.

(e)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(f), (g) Repealed by Acts 1993, 73rd Leg., ch. 72, Sec. 2, eff. Sept. 1, 1993.

(h)  The judge of a county court at law may not engage in the private practice of law.

(i)  to (j) Repealed by Acts 1993, 73rd Leg., ch. 72, Sec. 2, eff. Sept. 1, 1993.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 76, Sec. 11, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 33, 70, eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 72, Sec. 1, 2, eff. Sept. 1, 1993.



Section  25.1391.  Kleberg County.

(a) Kleberg County has one statutory county court, the County Court at Law of Kleberg County.

(b)  The county court at law sits in the county seat of Kleberg County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.1392.  Kleberg 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 Kleberg 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)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(c)  A bond is not required of a judge of a county court at law.

(d)  A judge of a county court at law shall be paid an annual salary that is at least $32,000 but not more than $1,000 less than the salary paid by the state to a district judge. A county court at law judge is entitled to travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as the county judge.

(e)  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. A special judge must have the same qualifications as the regular judge and is entitled to the same rate of compensation.

(f)  The district clerk serves as clerk of each county court at law in cases enumerated in Subsection (a)(2), 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.

(g)  The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve each county court at law.

(h)  The jury in all civil or criminal matters is composed of 12 members, except that in misdemeanor criminal cases and any other case in which the court has concurrent jurisdiction with the county court the jury is composed of six members.

(i)  The laws that govern the drawing, selection, and service of jurors for county courts apply to the county courts at law. Jurors regularly impaneled for the week by the district court may, at the request of either the judge of the county court or a judge of a county court at law, be made available by the district judge in the numbers requested and serve for the week in the county court or a county court at law.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.13(a), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 746, Sec. 34, 70, eff. Oct. 1, 1991.



Section  25.1411.  Lamar County.

Lamar County has one statutory county court, the County Court at Law of Lamar County.

Added by Acts 1997, 75th Leg., ch. 100, Sec. 1, eff. Sept. 1, 1997.



Section  25.1412.  Lamar 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 Lamar County has:

(1)  concurrent jurisdiction with the district court in:

(A)  probate matters and proceedings, including will contests;

(B)  family law cases and proceedings; and

(C)  felony cases to conduct arraignments and pretrial hearings and to accept guilty pleas; and

(2)  concurrent jurisdiction with the county and district courts over all suits arising under the Family Code.

(b)  The judge of a county court at law must:

(1)  be a qualified voter in Lamar County;

(2)  have resided in Lamar County for at least two years; and

(3)  be a licensed attorney in this state who has actively practiced law or been a judge of a court in this state, or both combined, for at least five years before appointment or election.

(c)  The judge of a county court at law:

(1)  may not engage in the private practice of law; and

(2)  must comply with Canon 4 of the Code of Judicial Conduct.

(d)  The judge is entitled to travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as the county judge. The judge of a county court at law shall be paid an annual salary of at least $50,000. The salary shall be paid from the county treasury on order of the commissioners court.

(e)  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.

(f)  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 the court in all other matters. Each clerk shall establish a separate docket for a county court at law.

(g)  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.

(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 cases under the Family Code or Section 23.001 are governed by this section and the laws and rules pertaining to district courts and 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 the judge of a county court at law, be made available and shall serve for the week in a county court at law.

(j)  An appeal in a civil case from a judgment or order of a county court at law is to the court of appeals as provided for an appeal from a district or county court. An appeal in a criminal case is to the court of appeals as provided for an appeal from a county court. A case appealed from a justice court or other inferior court in Lamar County must be made directly to a county court at law, unless otherwise provided by law.

(k)  The judge of a county court at law has the same immunity as a district judge.

Added by Acts 1997, 75th Leg., ch. 100, Sec. 2, eff. Sept. 1, 1997.



Section  25.1481.  Liberty County.

(a) Liberty County has one statutory county court, the County Court at Law of Liberty County.

(b)  The County Court at Law of Liberty County sits in Liberty.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.1482.  Liberty 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 Liberty County has concurrent jurisdiction with the district court in family law cases and proceedings.

(b)  This section does not affect the right of appeal to a county court at law from a justice court in cases in which the right of appeal to the county court exists by law.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(d)  The judge of a county court at law may not engage in the private practice of law.

(e)  A bond is not required of a judge of a county court at law.

(f)  The official court reporter of a county court at law is entitled to receive the same compensation, fees, and allowances as the reporters of the district courts in Liberty County.

(g)  With the approval of the commissioners court, the judge of a county court at law may appoint a court coordinator or administrative assistant for the court. The 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.

(h)  The commissioners court shall provide the deputy clerks, bailiffs, and other personnel necessary to operate a county court at law.

(i)  If the regular judge of the county court at law is absent, disabled, or disqualified from presiding, the presiding judge of the administrative judicial region in which the county is located may appoint a retired district judge or a person licensed to practice law in this state to sit as a special judge.

(j)  A special judge must have the same qualifications as the regular judge, except that the only residency requirement for a person who is a retired judge is that the retired judge must reside in the administrative judicial region. A retired judge must have voluntarily retired from office and have certified his willingness to serve.

(k)  A special judge must take the oath of office required by law for the regular judge and has all the power and jurisdiction of the court and of the regular judge for whom he is sitting. A special judge may sign orders, judgments, decrees, or other process of any kind as "Judge Presiding" when acting for the regular judge.

(l)  A special judge is entitled to receive for the services actually performed the same amount of compensation as the regular judge. The compensation shall be paid out of county funds on certification by the presiding judge of the administrative judicial region that the special judge has rendered the services and is entitled to receive the compensation. The amount of compensation paid to a special judge may not be deducted or paid out of the salary of the regular judge.

(m)  The criminal district attorney or county attorney and county sheriff shall attend the county court at law as required by the judge.

(n)  Sections 25.0006(b) and 25.0008 do not apply to a county court at law in Liberty County.

(o)  A judge of a county court at law may provide that any criminal proceeding in the county court at law be recorded by a good quality electronic recording device instead of by a court reporter, unless the defendant requests that a court reporter be present upon written motion filed with the court not later than 10 days prior to trial. If a recording device is used, the court reporter need not be present at the proceeding to certify the statement of facts.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.44(5), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.11, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 35, 70, eff. Oct. 1, 1991; Acts 1995, 74th Leg., ch. 1059, Sec. 1, eff. Aug. 28, 1995.



Section  25.1541.  Lubbock County.

(a) Lubbock County has the following statutory county courts:

(1)  County Court at Law No. 1 of Lubbock County;

(2)  County Court at Law No. 2 of Lubbock County; and

(3)  County Court at Law No. 3 of Lubbock County.

(b)  County Court at Law No. 1 of Lubbock County and County Court at Law No. 2 of Lubbock County sit in Lubbock.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.14(a), eff. Aug. 28, 1989.



Section  25.1542.  Lubbock 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 Lubbock County has concurrent jurisdiction with the district court in family law cases and proceedings.

(b)  A county court at law has original concurrent jurisdiction with the justice courts in all matters prescribed by law for justice courts.

(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 appellate or original concurrent jurisdiction with the justice court; and

(2)  the judgment or amount in controversy does not exceed $100, excluding interest and costs.

(d)  This section does not deny the return of an appeal to a county court at law where the return of appeals to the county court exists by law.

(e)  Appeals from the justice court and other inferior courts in the county must be made directly to a county court at law under provisions governing appeals to county courts.

(f)  In family law cases and proceedings, a county court at law has the same terms of court as a district court in the county. In all other matters, a county court at law has terms that begin on the first Mondays in January and July.

(g)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(h)  The judge of a county court at law shall be paid an annual salary that is at least 90 percent of the total annual salary, including supplements other than the juvenile board supplement, paid to the judge of the 99th District Court. The salary shall be paid out of the county general fund on order of the commissioners court.

(i)  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. A special judge is entitled to receive $15 for each day served, to be paid out of the county general fund by the commissioners court.

(j)  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 matters.

(k)  The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.

(l)  The official court reporter of a county court at law is entitled to the same amount of fees and salary and shall perform the same duties as a district court reporter in the county. The salary shall be paid in the same manner as the salary of a district court reporter.

(m)  Practice and procedure and rules of evidence governing trials in and appeals from a county court apply to a county court at law, 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 involving family law cases and proceedings shall be governed by this section and the laws and rules pertaining to district courts as well as county courts. In family law cases, juries shall be composed of 12 members.

(n)  The laws governing the drawing, selection, and service of jurors in county courts apply to a county court at law. Jurors summoned for service in 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 and may be used as if summoned to the court to which they are transferred.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.14(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.12, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 36, 70, eff. Oct. 1, 1991.



Section  25.1571.  Mclennan County.

McLennan County has the following statutory county courts:

(1)  County Court at Law of McLennan County; and

(2)  County Court at Law No. 2 of McLennan County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.1572.  Mclennan 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 McLennan County has jurisdiction in third degree felony cases and jurisdiction to conduct arraignments, conduct pretrial hearings, accept guilty pleas, and conduct probation revocation hearings in felony cases.

(b)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(d)  A judge of a county court at law shall be paid an annual salary of not more than $20,000. Each judge receives the same amount as salary. The salary shall be paid out of the county treasury by the commissioners court.

(e)  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. A special judge is entitled to receive $10 a day for each day served, to be paid out of the county's general fund by the commissioners court.

(f)  The practice and procedure in a county court at law must conform to that prescribed by law for county courts.

(g)  The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.

(h)  An official court reporter is not required to take testimony in a case unless the judge or a party demands that testimony be taken. In cases in which the court reporter is required to take testimony, the clerk shall assess a $3 fee as costs in the case. The clerk shall collect the fee and deposit it in the county treasury. The court reporter shall be available for matters being considered in the county court if the parties before the court request a court reporter and the request is approved by the judge of a county court at law.

(i)  The court reporter is entitled to receive the same compensation and to be paid in the same manner as the court reporters of the district courts in McLennan County.

(j)  Sections 25.0006(b) and 25.0007 do not apply to a county court at law in McLennan County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.15(a), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 746, Sec. 37, 70, eff. Oct. 1, 1991.



Section  25.1651.  Medina County.

Medina County has one statutory county court, the County Court at Law of Medina County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.1652.  Medina 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 Medina County has concurrent jurisdiction with the district court in family law cases and proceedings.

(b)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(c)  The judge of a county court at law shall be paid an annual salary that does not exceed 90 percent of the amount paid a district judge in the county. The salary 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.

(d)  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.

(e)  The district clerk serves as clerk of a county court at law in family law cases and proceedings 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.

(f)  The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve a county court at law.

(g)  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 involving family law matters and proceedings shall be governed by this section and the laws and rules pertaining to district courts. If a family law case is tried before a jury, the jury shall be composed of 12 members.

(h)  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 county judge or the judge of a county court at law, be made available and shall serve for the week in the county court or a county court at law.

(i)  The fees assessed in cases in which the court has concurrent civil jurisdiction with the district court shall be the same as in the district court.

(j)  A judge of a county court at law may provide that any criminal proceeding in the county court at law be recorded by a good quality electronic recording device instead of by a court reporter unless, on written motion filed with the court not later than the 10th day before the trial, the defendant requests that a court reporter be present. If a recording device is used, the court reporter need not be present at the proceeding to certify the statement of facts.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 130, Sec. 1, 2, eff. May 17, 1989; Acts 1991, 72nd Leg., ch. 746, Sec. 38, 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 545, Sec. 1, eff. May 31, 1997.



Section  25.1671.  Midland County.

Midland County has the following statutory county courts:

(1)  County Court at Law of Midland County; and

(2)  County Court at Law No. 2 of Midland County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.1672.  Midland 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 Midland County has concurrent jurisdiction with the district court in:

(1)  family law cases and proceedings; and

(2)  civil cases in which the matter in controversy exceeds $500 but does not exceed $500,000, excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs, as alleged on the face of the petition.

(b)  A county court at law has the same terms of court as the County Court of Midland County.

(c)  In matters of concurrent jurisdiction, judges of the county courts at law and district courts in the county may exchange benches and courtrooms and may transfer cases between their dockets in the same manner that district court judges exchange benches and transfer cases under Section 24.303.

(d)  The judge of a county court at law shall be paid an annual salary that is at least equal to the amount that is $1,000 less than the total annual salary, including supplements, of a district judge in the county and is entitled to receive travel, educational, and necessary office expenses, including administrative and clerical assistance, in at least the same manner and amount as the county judge. The bailiffs and official court reporters of the county courts at law shall receive the same compensation, paid in the same manner, as the bailiffs and official court reporters of the district courts in the county.

(e)  The fees assessed in a case in which a county court at law has concurrent civil jurisdiction with the district court are the same as the fees that would be assessed in the district court for that case.

(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. A special judge is entitled to the same rate of compensation as the regular judge.

(g)  The district clerk serves as clerk of the county courts at law in cases enumerated in Subsection (a) and Section 25.0003(c), and the county clerk serves as clerk of the county courts at law in all other cases.

(h)  to (j) Repealed by Acts 1995, 74th Leg., ch. 466, Sec. 5, eff. Sept. 1, 1995.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.13, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 39, 70, eff. Oct. 1, 1991; Acts 1995, 74th Leg., ch. 466, Sec. 1 to 5, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1136, Sec. 1, eff. September 1, 2007.



Section 25.1721.  Montgomery County.

Montgomery County has the following statutory county courts:

(1)  County Court at Law No. 1 of Montgomery County;

(2)  County Court at Law No. 2 of Montgomery County;

(3)  County Court at Law No. 3 of Montgomery County;

(4)  County Court at Law No. 4 of Montgomery County; and

(5)  County Court at Law No. 5 of Montgomery County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 686, Sec. 1, eff. Jan. 1, 2002.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 284, Sec. 1, eff. September 1, 2007.



Section  25.1722.  Montgomery 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 Montgomery County has concurrent jurisdiction with the district court in:

(1)  family law cases and proceedings;

(2)  cases and proceedings involving justiciable controversies and differences between spouses, or between parents, or between parent and child, or between any of these and third persons, corporations, trustees, or other legal entities; and

(3)  matters involving an inter vivos trust.

(b)  The commissioners court shall prescribe at least four terms each year for a county court at law in Montgomery County.

(c)  The judge of a county court at law may not engage in the private practice of law.

(d)  The judge of a county court at law shall be paid an annual salary that is not less than $1,000 less than the total annual salary, including supplements, of any district judge in the county. The salary shall be paid by the county treasurer on order of the commissioners court. The judge of a county court at law is entitled to receive travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as the county judge.

(e)  The district clerk of Montgomery County serves as clerk of the county courts at law in cases of concurrent jurisdiction between the district courts and the county courts at law and shall establish separate dockets for the county courts at law. The county clerk serves as clerk of the county courts at law in all other cases. The commissioners court may employ as many assistant county attorneys, deputy sheriffs, and clerks as are necessary to serve the county courts at law.

(f)  Except as otherwise provided by this subsection, juries in a county court at law shall be composed of six members. Juries in family law cases and proceedings shall be composed of 12 members, unless the parties agree to a six-member jury.

(g)  The laws governing the drawing, selection, service, and pay of jurors for county courts apply to the county courts at law. Jurors may be summoned for service in the county court, a county court at law, or a district court in Montgomery County and used interchangeably in the courts.

(h)  Appeals in all 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.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 419, Sec. 1 to 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 746, Sec. 40, 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 165, Sec. 7.27, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 686, Sec. 2, eff. Jan. 1, 2002.



Section  25.1731.  Moore County.

(a) Moore County has one statutory county court, the County Court at Law of Moore County.

(b)  The County Court at Law of Moore County sits in Dumas.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.1732.  Moore 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 Moore County has concurrent civil jurisdiction with the district court in family law cases and proceedings.

(b)  This section does not affect the right of appeal to a county court at law from the justice courts in cases in which the right of appeal to the county court exists by law.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(d)  The judge of a county court at law may not engage in the private practice of law.

(e)  If the regular judge of a county court at law is absent, disabled, or disqualified from presiding, the presiding judge of the administrative judicial region in which the county is located may appoint a retired district judge or a person licensed to practice in this state to sit as a special judge.

(f)  A special judge must have the qualifications required of the regular judge, except that the only residency requirement for a retired judge is that the retired judge be a resident of the administrative judicial region. A retired judge must have voluntarily retired from office and have certified his willingness to serve. A special judge must take the oath of office required of a regular judge.

(g)  A special judge has all the power and jurisdiction of the court and of the regular judge for whom he is sitting. A special judge may sign orders, judgments, decrees, or other processes of any kind as "Judge Presiding" when acting for the regular judge.

(h)  A special judge is entitled to receive for the services performed the same amount of compensation that the regular judge is entitled to receive for the services. The compensation shall be paid out of county funds on certification by the presiding judge of the administrative judicial region that the special judge has rendered the services and is entitled to receive the compensation. None of the amount paid to a special judge for sitting for the regular judge may be deducted or paid out of the salary of the regular judge.

(i)  With the approval of the commissioners court, the judge of a county court at law may 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.

(j)  The county attorney, criminal district attorney, and district attorney of Moore County serve as county attorney, criminal district attorney, and district attorney for a county court at law in Moore County. The district clerk serves as clerk of a county court at law in the cases enumerated in Subsection (a)(2) and shall establish a separate docket for the county court at law. The commissioners court shall provide the deputy clerks, bailiffs, and other personnel necessary to operate a county court at law.

(k)  Section 25.0008 does not apply to a county court at law in Moore County.

(l)  A jury in a county court at law is composed of six persons.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.16(a), 8.44(6), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.14, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 41, 70, eff. Oct. 1, 1991.



Section  25.1761.  Nacogdoches County.

Nacogdoches County has one statutory county court, the County Court at Law of Nacogdoches County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.1762.  Nacogdoches 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 Nacogdoches County has concurrent jurisdiction with the district court in family law cases and proceedings.

(b)  A county court at law has terms that begin on the first Mondays of January, April, July, and October.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(d)  A judge of a county court at law shall be paid an annual salary that is at least $15,000 but not more than 90 percent of the total annual salary paid to the judge of the 145th Judicial District. The salary shall be paid out of the county treasury on orders from the commissioners court. A county court at law judge is entitled to reasonable travel expenses and necessary office expenses, including administrative and clerical assistance.

(e)  A judge of a county court at law shall diligently discharge the duties of office on a full-time basis. The judge may not engage in the private practice of law.

(f)  A special judge of the county court at law with the same qualifications as the regular judge may be appointed in the manner provided by law for the appointment of a special county judge. If a judge of a county court at law is disqualified from trying, or recuses himself from trying, a case pending in his 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.

(f-1)  The district clerk serves as clerk of a county court at law in cases enumerated in Subsections (a)(2)(B) and (C), and the county clerk serves as clerk of a county court at law in all other cases.

(g)  The official reporter of a county court at law is entitled to receive a salary that does not exceed the salary of the official reporter of the district court. The judge of the county court at law sets the salary. The salary shall be paid out of the county treasury on order of the commissioners court.

(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 a district court may, at the request of 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 at law. In matters of concurrent jurisdiction with the district court, if a party to a suit files a written request for a 12-member jury with the clerk of the county court at law at a reasonable time that is not later than 30 days before the date the suit is set for trial, the jury shall be composed of 12 members.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 11, Sec. 1 to 5, eff. Sept. 1, 1990; Acts 1991, 72nd Leg., ch. 746, Sec. 42, 70, eff. Oct. 1, 1991.



Section 25.1771.  Navarro County.

Navarro County has one statutory county court, the County Court at Law of Navarro County.

Added by Acts 2009, 81st Leg., R.S., Ch. 391, Sec. 1, eff. September 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch. 1103, Sec. 14(a), eff. September 1, 2009.



Section 25.1772.  Navarro 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 Navarro County has concurrent jurisdiction with the district court in:

(1)  felony cases to:

(A)  conduct arraignments;

(B)  conduct pretrial hearings;

(C)  accept guilty pleas; and

(D)  conduct jury trials on assignment of a district judge presiding in Navarro County and acceptance of the assignment by the judge of the county court at law;

(2)  Class A and Class B misdemeanor cases;

(3)  family law matters;

(4)  juvenile matters;

(5)  probate matters; and

(6)  appeals from the justice and municipal courts.

(b)  A county court at law does not have general supervisory control or appellate review of the commissioners court or jurisdiction of:

(1)  suits on behalf of this state to recover penalties or escheated property;

(2)  felony cases involving capital murder;

(3)  misdemeanors involving official misconduct; or

(4)  contested elections.

(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 a total annual salary set by the commissioners court at an amount that is not less than $1,000 less than the total annual salary received by a district judge in the county.  A district judge's or statutory county court judge's total annual salary does not include contributions and supplements paid by a county.

(e)  The judge of a county court at law may not engage in the private practice of law.

(f)  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 matters.  Each clerk shall establish a separate docket for a county court at law.

(g)  The official court reporter of a county court at law is entitled to receive a salary set by the judge of the county court at law with the approval of the commissioners court.

(h)  Jurors summoned for 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 2009, 81st Leg., R.S., Ch. 391, Sec. 1, eff. September 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch. 1103, Sec. 14(a), eff. September 1, 2009.



Section  25.1791.  Nolan County.

Nolan County has one statutory county court, the County Court at Law of Nolan County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.1792.  Nolan 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 Nolan County has concurrent jurisdiction with the district court in family law cases and proceedings.

(b)  A county court at law has concurrent jurisdiction with the justice court in criminal matters prescribed by law for justice courts. This section 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)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(d)  The judge of a county court at law shall be paid an annual salary that is at least equal to 75 percent of, but does not exceed, the total annual salary paid by the state to a district judge in the county.

(e)  The judge may not receive from a law firm any money other than money earned before taking office. The judge may not engage in the private practice of law.

(f)  If the regular judge of a county court at law is absent, disabled, or disqualified from presiding, the presiding judge of the administrative judicial region in which the county is located may appoint a person to sit as a special judge. The person appointed must have the same qualifications as the regular judge except the only residency requirement for a retired district court or county court at law judge is that the judge reside in the administrative judicial region.

(g)  A special judge must take the oath of office required by law for a regular judge and has all the power and jurisdiction of the court and of the regular judge for whom he is sitting. A special judge may sign orders, judgments, decrees, or other process as "Judge Presiding" when acting for the regular judge.

(h)  A special judge is entitled to the same rate of compensation as the regular judge. The compensation shall be paid out of the county funds on certification by the presiding judge of the administrative judicial region that the special judge has rendered the services and is entitled to receive the compensation. The compensation paid the special judge may not be deducted from the salary of the regular judge.

(i)  The county attorney and county sheriff shall attend a county court at law as required by the judge.

(j)  The judge of a county court at law may appoint a court coordinator or administrative assistant. 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 provided by law.

(k)  An official court reporter of a county court at law is entitled to receive a salary set by the commissioners court to be paid out of the county treasury, either by salary or by contract as set by the commissioners court. The clerk of the court shall tax as costs, in each civil, criminal, and probate case in which a record of any part of the evidence in the case is made by the reporter, a stenographer's fee of $25. The fee shall be paid in the same manner as other costs in the case. The clerk collects the fee and pays it into the general fund of the county.

(l)  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. The commissioners court shall provide the deputy clerks, bailiffs, and other personnel necessary to operate a county court at law.

(m)  If a jury trial is requested in a case enumerated in Subsection (a), the jury shall be composed of six members unless the constitution requires a 12-member jury. Unless a person objects not later than the 10th day after the day the case is set for trial, the person waives the right to a 12-member jury.

(n)  Sections 25.0006, 25.0008, and 74.054(b) do not apply to a county court at law in Nolan County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.44(7), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 203, Sec. 1, eff. Aug. 2, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.15, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 43, 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 1151, Sec. 1, eff. Sept. 1, 1997.



Section  25.1801.  Nueces County.

(a) Nueces County has the following statutory county courts:

(1)  County Court at Law No. 1 of Nueces County;

(2)  County Court at Law No. 2 of Nueces County;

(3)  County Court at Law No. 3 of Nueces County;

(4)  County Court at Law No. 4 of Nueces County; and

(5)  County Court at Law No. 5 of Nueces County.

(b)  The County Court at Law No. 1 of Nueces County and the County Court at Law No. 2 of Nueces County sit in Corpus Christi.

(c)  The County Court at Law No. 5 of Nueces County shall give preference to:

(1)  any proceeding involving an order relating to a child in the possession or custody of the Department of Protective and Regulatory Services or for whom the court has appointed a temporary or permanent managing conservator;

(2)  proceedings under Title 3, Family Code; and

(3)  mental health matters over which the court has jurisdiction under Section 25.1802(a)(4).

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 1134, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 679, Sec. 1, eff. June 20, 2003.



Section  25.1802.  Nueces 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 (d), a county court at law in Nueces County has:

(1)  the jurisdiction provided by the constitution and by general law for district courts;

(2)  concurrent jurisdiction with the district court in disputes ancillary to probate, eminent domain, condemnation, or landlord and tenant matters relating to the adjudication and determination of land titles and trusts, whether testamentary, inter vivos, constructive, resulting, or any other class or type of trust, regardless of the amount in controversy or the remedy sought;

(3)  concurrent jurisdiction with the district court over civil forfeitures, including surety bond forfeitures without minimum or maximum limitation as to the amount in controversy or remedy sought;

(4)  jurisdiction in mental health matters, original or appellate, provided by law for constitutional county courts, statutory county courts, or district courts with mental health jurisdiction, including proceedings under:

(A)  Subtitle C, Title 7, Health and Safety Code;

(B)  Chapter 462, Health and Safety Code; and

(C)  Subtitle D, Title 7, Health and Safety Code;

(5)  jurisdiction over the collection and management of estates of minors, mentally disabled persons, and deceased persons;

(6)  concurrent jurisdiction with the district court in all actions by or against a personal representative, in all actions involving an inter vivos trust, in all actions involving a charitable trust, and in all actions involving a testamentary trust, whether the matter is appertaining to or incident to an estate; and

(7)  jurisdiction in all cases assigned, transferred, or heard under Sections 74.054, 74.059, and 74.094, Government Code.

(b)  A county court at law has original concurrent jurisdiction with the justice courts in all civil and criminal matters prescribed by law for justice courts. Appeals from justice courts and other courts of inferior jurisdiction in Nueces County must be made directly to a county court at law.

(c)  A county court at law has four terms beginning on the first Mondays in January, April, July, and October of each year.

(d)  A county court at law does not have jurisdiction of:

(1)  felony cases, except as otherwise provided by law;

(2)  misdemeanors involving official misconduct unless assigned under Sections 74.054 and 74.059, Government Code;

(3)  contested elections; or

(4)  except as provided by Subsection (r), family law cases.

(e)  The judges of the county courts at law in Nueces County shall each be paid an annual salary equal to the amount that is $1,000 less than the salary paid by the state to a district judge in the county.  The salaries shall be paid in the same manner and from the same fund as prescribed by law for the county judge.

(f)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1121, Sec. 2, eff. June 15, 2007.

(g)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1121, Sec. 2, eff. June 15, 2007.

(h)  The county sheriff shall, in person or by deputy, attend the County Court at Law No. 1 or 2 of Nueces County as required by the judge. The county sheriff serves the county courts at law as provided by Section 25.0010(b).

(i)  The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve the County Courts at Law Nos. 3, 4, and 5 of Nueces County.

(j)  Practice in a county court at law is that prescribed by law for county courts.

(k)  The laws governing the drawing, selection, service, and pay of jurors prescribed by law for county courts apply to a county court at law. Juries 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 another court for service and may be used as if summoned for the court to which they were transferred.

(l)  A county court at law does not have general supervisory control over the commissioners court.

(m)  A county court at law may not issue writs of habeas corpus in felony cases.

(n)  The district clerk serves as clerk of a county court at law in cases enumerated in Subsection (a). The district clerk shall establish a separate docket for each county court at law. In matters of concurrent jurisdiction with the district court, the district clerk shall charge the same fees as are allowed in district court cases, except that in cases enumerated in Subsections (a)(2) and (a)(4) and in misdemeanor cases other than those involving official misconduct, the clerk may not charge higher fees than the fees charged by county clerks for similar cases.

(o)  If a jury trial is requested in a case that is in a county court at law's jurisdiction, the jury shall be composed of six members unless the constitution requires a 12-member jury. Failure to object before a six-member jury is seated and sworn constitutes a waiver of a 12-member jury.

(p)  If any cause or proceeding is lodged with the district clerk and the district clerk files, dockets, or assigns the cause or proceeding in or to a county court at law and the county court at law does not have subject matter jurisdiction over the cause or proceeding, then the filing, docketing, or assignment of the cause or proceeding in or to a county court at law is considered a clerical error and that clerical error shall be corrected by a judgment or order nunc pro tunc. The cause or proceeding is considered filed, docketed, or assigned to the district court of the local administrative judge in the first instance rather than to a county court at law of Nueces County. The judge of a county court at law of Nueces County who acts in the cause or proceeding is considered assigned to the district court of the local administrative judge for that purpose and has all the powers of the judge of that district court under the assignment.

(q)  The judges of the county courts at law of Nueces County have the same judicial immunity as a district judge.

(r)  In addition to the jurisdiction provided by this section for statutory county courts of Nueces County, the County Court at Law No. 5 of Nueces County has jurisdiction of:

(1)  proceedings under Title 3, Family Code; and

(2)  any proceeding involving an order relating to a child in the possession or custody of the Department of Protective and Regulatory Services or for whom the court has appointed a temporary or permanent managing conservator.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991; Acts 1995, 74th Leg., ch. 796, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 549, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 431, Sec. 3, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1134, Sec. 2, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 679, Sec. 2, eff. June 20, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1121, Sec. 1, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1121, Sec. 2, eff. June 15, 2007.



Section  25.1831.  Orange County.

(a) Orange County has the following statutory county courts:

(1)  the County Court at Law of Orange County; and

(2)  the County Court at Law No. 2 of Orange County.

(b)  A county court at law in Orange County sits at the county seat.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 377, Sec. 4(a), eff. Sept. 1, 2003.



Section  25.1832.  Orange 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 Orange County has concurrent jurisdiction with the district court in:

(1)  family law cases and proceedings; and

(2)  cases and proceedings involving justiciable controversies and differences between spouses, between parents, between parent and child, or between any of these and third persons.

(b)  A county court at law has the same terms of court as a district court in Orange County.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(d)  The judge of a county court at law may not appear and plead as an attorney at law in any court of record in the state. The judge may not appear and practice as an attorney at law in any court over which he has original or appellate jurisdiction.

(e)  The judge of a county court at law shall be paid an annual salary in an amount that is at least the amount the judge of the County Court at Law of Orange County was paid June 15, 1971, but not more than the amount paid a district judge by the state. The salary shall be paid out of the county treasury on order of the commissioners court.

(f)  If the judge of a county court at law is disqualified, ill, or for any reason unable to hold court on any matters pending in the county court at law, the fact shall be brought to the attention of a district judge in the county by any attorney, and the district judge shall dispose of the matters requiring attention in the district courts of the county. If a special judge is necessary, he may be selected in the manner provided by law for the selection of a special district court judge.

(g)  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 the court in all other matters. The commissioners court may employ as many additional assistant county attorneys, deputy sheriffs, and clerks as are necessary to serve a county court at law.

(h)  The probation department, welfare agencies, sheriff, constables, and other law enforcement agencies of the state, county, and city shall furnish a county court at law with services in the line of their respective duties as are required by a county court at law. All sheriffs and constables within the state shall render the same services with reference to process and writs from the district court, county court, and probate court.

(i)  Except as otherwise required by law, a jury in a county court at law is composed of six members.

(j)  Jurors regularly impaneled for the week by the district court may, at the request of the judge of a county court at law or the county judge, be made available by the district judge in the numbers requested and shall serve for the week in the county court, county court at law, or both courts.

(k)  Appeals in all cases from judgments and orders of the court shall be to the court of appeals as provided by law for appeals from district and county courts.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 44, 70, eff. Oct. 1, 1991; Acts 2003, 78th Leg., ch. 377, Sec. 4(b), eff. Sept. 1, 2003.



Section  25.1851.  Panola County.

Panola County has one statutory county court, the County Court at Law of Panola County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.1852.  Panola County Court At Law Provisions.

(a) In addition to the jurisdiction provided by Section 25.0003 and other law, and notwithstanding any law granting exclusive jurisdiction to the district court, a county court at law in Panola County has concurrent jurisdiction with the district court.

(b)  A county court at law has concurrent jurisdiction with the justice court in all criminal matters prescribed by law for justice courts. This section 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)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(d)  The judge of a county court at law shall be paid an annual salary that is at least equal to the amount that is $1,000 less than the total annual salary, including supplements, received by a district judge in the county.

(e)  The judge may not receive any money from a law firm, except money earned before taking office. The judge of a county court at law may not engage in the private practice of law.

(f)  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.

(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 shall serve as clerk of the county courts 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.

(h)  The criminal district attorney or county attorney and the county sheriff shall attend a county court at law as required by the judge.

(i)  If the regular judge of a county court at law is absent or disqualified from presiding, the presiding judge of the administrative judicial region in which the county is located may appoint a person with the same qualifications as the regular judge to sit as special judge. A retired district or county court at law judge may be appointed as a special judge. The only residency requirement for a retired judge is that the judge reside in the administrative judicial region. A special judge must take the oath of office required by law for the regular judge and has the power and jurisdiction of the court and of the regular judge. A special judge may sign orders, judgments, decrees, or other process of any kind as "Judge Presiding" when acting for the regular judge. A special judge receives the same rate of compensation as the regular judge. The compensation shall be paid out of the county funds on certification by the presiding judge of the administrative judicial region that the special judge has rendered the services and is entitled to receive the compensation. The amount paid to the special judge may not be deducted from the salary of the regular judge.

(j)  Section 21.002, Property Code, does not affect the jurisdiction of a county court at law in Panola County.

(k)  Sections 25.0006 and 25.0008 do not apply to a county court at law in Panola County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.44(8), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.16, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 564, Sec. 1, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 45, 70, eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 601, Sec. 1, eff. Sept. 1, 1993.



Section 25.1861.  Parker County.

(a) Parker County has the following statutory county courts:

(1)  the County Court at Law No. 1 of Parker County;  and

(2)  the County Court at Law No. 2 of Parker County.

(b)  The statutory county courts in Parker County sit in Weatherford.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 377, Sec. 6(a), eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 947, Sec. 1, eff. October 1, 2007.



Section  25.1862.  Parker 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 Parker County has the jurisdiction provided by the constitution and by general law for district courts.

(b)  A county court at law does not have jurisdiction of felony cases, except as otherwise provided by law.

(c)  A county court at law does not have general supervisory control over the commissioners court.

(d)  A county court at law may not issue writs of habeas corpus in felony cases.

(e)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 947, Sec. 3, eff. October 1, 2007.

(f)  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.

(g)  A special judge must take the oath of office required by law for the regular judge and has all the power and jurisdiction of the court and of the regular judge. A special judge may sign orders, judgments, decrees, or other process as "Judge Presiding" when acting for the regular judge.

(h)  A special judge is entitled to receive for each day served the same amount of daily compensation that the regular judge receives for services. The amount paid a special judge for sitting for a regular judge may not be deducted or paid out of the salary of the regular judge.

(i)  The district attorney or county attorney and the county sheriff, in person or by deputy, shall attend a county court at law as required by the judge.

(j)  The commissioners court shall provide the deputy clerks, bailiffs, and other personnel necessary to operate a county court at law.

(k)  If a jury trial is requested in a case that is in a county court at law's jurisdiction as provided by Subsection (a), the jury shall be composed of six members unless the constitution requires a 12-member jury. Failure to object before a six-member jury is seated and sworn constitutes a waiver of a 12-member jury.

(l)  The official court reporter's fee shall be taxed as costs in civil actions in the same manner as that fee is taxed in civil cases in the district courts.

(m)  On request of a county court at law judge, jurors regularly impaneled for a week by the district courts may be made available and shall serve for the week in the county court at law.

(n)  A county court at law of Parker County may summon jurors for service in the court in the manner provided by law for county courts. Juries summoned for the County Court of Parker County or a county court at law of Parker County may, by order of the judge of the court in which they are summoned, be transferred to the other court for service.

(o)  The judge of a county court at law shall be paid an annual salary that is at least equal to the amount that is $1,000 less than the total annual salary, including supplements, received by a district judge in the county.

(p)  A vacancy in the office of judge of a county court at law is filled by appointment by the commissioners court.

(q)  The judges of the county courts at law may divide each term of court into as many sessions as they consider necessary for the disposition of business and may extend a particular term of court if practicable for the efficient and justiciable disposition of individual proceedings and matters.

(r)  The official court reporter of a county court at law must be well skilled in the court reporter's profession. 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 at least the same amount as compensation as the official court reporters in the district courts in the county. The compensation shall be paid in the same manner that the district court reporters are paid.

(s)  If any cause or proceeding is lodged with the district clerk and the district clerk files, dockets, or assigns the cause or proceeding in or to a county court at law and the county court at law does not have subject matter jurisdiction over the cause or proceeding, then the filing, docketing, or assignment of the cause or proceeding in or to a county court at law is considered a clerical error and that clerical error shall be corrected by a judgment or order nunc pro tunc. The cause or proceeding is considered filed, docketed, or assigned to the district court of the local administrative judge in the first instance rather than to a county court at law. The judge of a county court at law who acts in the cause or proceeding is considered assigned to the district court of the local administrative judge for that purpose and has all the powers of the judge of that district court under the assignment.

(t)  A county court at law judge has jurisdiction to grant an order permitting a marriage ceremony to take place during a 72-hour period immediately following the issuance of a marriage license in Parker County.

(u)  The judges of the county courts at law have the same judicial immunity as a district judge.

(v)  In matters of concurrent jurisdiction, a judge of a county court at law and a judge of a district court or another county court at law may transfer cases between the courts in the same manner judges of district courts transfer cases under Section 24.303.

(w)  A judge of a county court at law and a judge of a district court may exchange benches and may sit and act for each other in any matter pending before the court.

(x)  The judges of the county courts at law may from time to time transfer criminal misdemeanor cases to other county courts at law to equalize the criminal misdemeanor dockets of the county courts at law for the efficient operation of the court system and the effective administration of justice.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.17, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 46, 70, eff. Oct. 1, 1991; Acts 1999, 76th Leg., ch. 1056, Sec. 1, eff. June 18, 1999; Acts 2003, 78th Leg., ch. 377, Sec. 6(b), eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 947, Sec. 3, eff. October 1, 2007.



Section  25.1863.  Probate Jurisdiction: Contested Cases.

(a) Except as provided by Subsection (b), a county court at law in Parker County does not have the jurisdiction of a probate court.

(b)  A county court at law has concurrent jurisdiction with the district court over contested probate matters.  Notwithstanding the requirement in Section 4D(a), Texas Probate Code, that the judge of the constitutional county court transfer a contested probate proceeding to the district court, the judge of the constitutional county court shall transfer the proceeding under that section to either a county court at law in Parker County or a district court in Parker County.  A county court at law has the jurisdiction, powers, and duties that a district court has under Section 4D(a), Texas Probate Code, for the transferred proceeding, and the county clerk acts as clerk for the proceeding.  The contested proceeding may be transferred between a county court at law in Parker County and a district court in Parker County as provided by local rules of administration.

Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.17(a), eff. Aug. 28, 1989. Amended by Acts 2003, 78th Leg., ch. 377, Sec. 6(c), eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 947, Sec. 2, eff. October 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1351, Sec. 12(f), eff. September 1, 2009.



Section  25.1891.  Polk County.

Polk County has one statutory county court, the County Court at Law of Polk County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.1892.  Polk 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 Polk County has concurrent civil jurisdiction with the district court in:

(1)  cases and proceedings involving the collection of delinquent taxes, penalties, interest, and costs and the foreclosure of tax liens; and

(2)  family law cases and proceedings.

(b)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(c)  The judge of a county court at law shall be paid an annual salary in an amount that is at least equal to 80 percent of the annual salary, including supplements, paid the district judges in the county. The salary shall be paid by the county treasurer on order of the commissioners court.

(d)  The judge may not engage in the private practice of law.

(e)  The county attorney or district attorney serves a county court at law as required by the judge. The district clerk serves as clerk of a county court at law in cases enumerated in Subsection (a)(2), and the county clerk serves as clerk 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 additional assistant county attorneys, deputy sheriffs, and clerks as are necessary to serve a county court at law.

(f)  The jury in all civil or criminal matters shall be composed of 12 members, except that in misdemeanor criminal cases and any other cases in which the court has concurrent jurisdiction with the county court the jury shall be composed of six members.

(g)  Appeals in all cases from judgments and orders of the county court at law are to the court of appeals as provided for appeals from district and county courts.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.18, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 47, 70, eff. Oct. 1, 1991.



Section  25.1901.  Potter County.

(a) Potter County has the following statutory county courts:

(1)  County Court at Law No. 1 of Potter County; and

(2)  County Court at Law No. 2 of Potter County.

(b)  The county courts at law of Potter County sit in Amarillo.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.18(a), eff. Aug. 28, 1989.



Section  25.1902.  Potter 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 Potter County has concurrent jurisdiction with the justice courts in civil matters prescribed by law for justice courts. A county court at law or its judge does not have jurisdiction to act as coroner or to preside at inquests in Potter County. A county court at law does not have jurisdiction over claims within the jurisdiction of the small claims court.

(b)  The County Court at Law No. 2 of Potter County also has concurrent jurisdiction with the district court in family law cases and proceedings.

(c)  An appeal or writ of error may not be taken to the court of appeals from a final judgment of a county court at law if:

(1)  the judgment or amount in controversy does not exceed $100, exclusive of interest and costs; and

(2)  the case is a civil case over which the court has appellate or original concurrent jurisdiction with the justice court.

(d)  This section does not affect the right of appeal to a county court at law from a justice court in cases in which the right of appeal to the county court exists.

(e)  The commissioners court sets the terms of a county court at law in the same manner provided by law for setting terms of court for county courts.

(f)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(g)  The judge of a county court at law may not engage in the private practice of law.

(h)  Repealed by Acts 1995, 74th Leg., ch. 242, Sec. 1, eff. Aug. 28, 1995.

(i)  A special judge of a county court at law may be appointed or elected as provided by law for county judges. 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. A special judge of the County Court at Law of Potter County is entitled to receive $30 a day for each day served. The commissioners court shall pay a special judge out of the county's general fund.

(j)  The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.

(k)  The jurisdiction and authority vested in the County Court of Potter County for the drawing, selection, and service of jurors shall also be exercised by a county court at law of Potter County. Jurors summoned for any court may by order of the judge of the court in which they are summoned be transferred to another court and may be used as if summoned by the court to which they were transferred. On concurrence by the judges of the county court and county courts at law jurors may be summoned for service in any court and may be used interchangeably in the courts.

(l)  Sections 25.0005(b) and 25.0007 do not apply to a county court at law in Potter County.

(m)  The district clerk serves as clerk of a county court at law in matters enumerated in Subsections (b)(1), (b)(2), and (b)(3); the county clerk serves as clerk of the court in all other matters.

(n)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.18(b) to (g), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1100, Sec. 4.02(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.19, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 16, Sec. 8.01, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 48, 70, eff. Oct. 1, 1991; Acts 1995, 74th Leg., ch. 242, Sec. 1, eff. Aug. 28, 1995.



Section  25.1931.  Randall County.

(a) Randall County has two statutory county courts:

(1)  the County Court at Law No. 1 of Randall County; and

(2)  the County Court at Law No. 2 of Randall County.

(b)  A county court at law of Randall County sits in the county seat or at another location in the county as assigned by the local administrative statutory county court judge.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.19(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 1st C.S., ch. 29, Sec. 1, eff. Oct. 18, 1989; Acts 2003, 78th Leg., ch. 1298, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 51, Sec. 1, eff. September 1, 2005.



Section  25.1932.  Randall 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 Randall County has concurrent jurisdiction with the district court in:

(1)  family law cases and proceedings;

(2)  cases and proceedings involving justiciable controversies and differences between spouses, or between parents, or between parent and child, or between any of these and third persons;

(3)  civil cases in which the amount in controversy is within the limits prescribed by Section 25.0003(c)(1); and

(4)  felony cases to conduct arraignments, conduct pretrial hearings, and accept pleas in uncontested matters.

(a-1)  to (a-3) Repealed by Acts 1989, 71st Leg., 1st C.S., ch. 29, Sec. 4, eff. Oct. 18, 1989.

(b)  A county court at law has terms beginning on the first Mondays of January and July of each year.

(b-1)  Repealed by Acts 1989, 71st Leg., 1st C.S., ch. 29, Sec. 4, eff. Oct. 18, 1989.

(c)  The judge of a county court at law may not engage in the private practice of law.

(d)  The salary paid the judge of a county court at law shall be paid out of the county treasury by the commissioners court, except as otherwise provided by law.

(e)  The judge of a county court at law 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 cases of concurrent jurisdiction with the district court, and the county clerk serves as clerk of the court in all other cases.

(h)  The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve a county court at law.

(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 in the court's concurrent jurisdiction with the district court shall be governed by this section and the laws and rules pertaining to district courts as well as county courts. If a case in the court's concurrent jurisdiction with the district court 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 a district court may, on request of the county judge or the judge of a county court at law, be made available and shall serve for the week in the county court or a county court at law.

(k)  Notwithstanding Section 74.121(b)(1), in matters of concurrent jurisdiction, the judge of a county court at law and the judges of the district courts in the county may exchange benches and courtrooms and may transfer cases between their dockets in the same manner that judges of district courts exchange benches and transfer cases under Section 24.303.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.19(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 1st C.S., ch. 29, Sec. 2 to 4, eff. Oct. 18, 1989; Acts 1991, 72nd Leg., ch. 746, Sec. 49, 70, eff. Oct. 1, 1991; Acts 2003, 78th Leg., ch. 1298, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 181, Sec. 1, eff. May 27, 2005.



Section  25.1971.  Reeves County.

(a) Reeves County has one statutory county court, the County Court at Law of Reeves County.

(b)  The County Court at Law of Reeves County sits in Pecos.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.1972.  Reeves 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 Reeves 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 a district court in Reeves County.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(d)  The judge of a county court at law may not engage in the private practice of law in a court in this state.

(e)  The judge of a county court at law shall be paid an annual salary that does not exceed 90 percent of the total salary paid the district judge. The salary shall be paid out of the county treasury on order of the commissioners court. The judge is entitled to travel expenses and necessary office expenses, including administrative and clerical assistance.

(f)  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 to try the case. A special judge is entitled to receive for each day served compensation in an amount equal to 1/365 of the annual salary of the regular judge, to be paid out of the county's general fund by the commissioners court.

(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 matters.

(h)  The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.

(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 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 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 a 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)  All cases appealed from the justice courts and other courts of inferior jurisdiction in the county shall be appealed to a county court at law under the provisions governing appeals to county courts.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 50, 70, eff. Oct. 1, 1991.



Section  25.2011.  Rockwall County.

Rockwall County has one statutory county court, the County Court at Law of Rockwall County.

Added by Acts 2003, 78th Leg., ch. 377, Sec. 5(a), eff. Sept. 1, 2003.



Section  25.2012.  Rockwall 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 Rockwall County has, concurrent with the district court, the jurisdiction provided by the constitution and 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 involving capital murder;

(2)  suits on behalf of the state to recover penalties or escheated property;

(3)  misdemeanors involving official misconduct; or

(4)  contested elections.

(c)  The district clerk serves as clerk of a county court at law except that the county clerk serves as clerk of the county court at law in matters of mental health, the probate and criminal misdemeanor docket, and all civil matters in which the county court at law does not have concurrent jurisdiction with the district court.

(d)  Jurors regularly impaneled for the week by the district courts may, at the request of 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 or until released in the county court at law.

(e)  A county court at law may summon jurors through the county clerk for service in the county court at law in the manner provided by the laws governing the drawing, selection, and service of jurors for county courts. Jurors summoned shall be paid in the same manner and at the same rate as jurors for district courts in Rockwall County. By order of the judge of a county court at law, jurors summoned to the county court at law may be transferred to the district court for service in noncapital felony cases.

(f)  Notwithstanding Sections 74.091 and 74.0911, a district judge serves as the local administrative judge for the district and statutory county courts in Rockwall County. The judges of district courts shall elect a district judge as local administrative judge for a term of not more than two years. The local administrative judge may not be elected on the basis of rotation or seniority.

(g)  When administering a case for the county court at law, the district clerk shall charge civil fees and court costs as if the case had been filed in the district court. In a case of concurrent jurisdiction, the case shall be assigned to either the district court or the county court at law in accordance with local administrative rules established by the local administrative judge.

(h)  The judge of the county court at law shall appoint an official court reporter for the court and shall set the official court reporter's annual salary, subject to approval by the county commissioners court. The official court reporter of the county court at law shall take an oath or affirmation as an officer of the court. The official court reporter holds office at the pleasure of the judge of the court and shall be provided a private office in close proximity to the court. The official court reporter is entitled to all rights and benefits afforded all other county employees.

(i)  With the approval of the county commissioners court and through the county budget process, the judge of the county court at law shall hire a staff. The staff of the judge of the county court at law consists of a court coordinator and a bailiff. Court personnel employed under this subsection are entitled to receive a salary set by the commissioners court and other employment benefits received by county employees.

(j)  Not later than one year after the date of appointment, the bailiff of a county court at law must obtain a peace officer license under Chapter 1701, Occupations Code, from the Commission on Law Enforcement Officer Standards and Education. The sheriff of Rockwall County shall deputize the bailiff of a county court at law. The bailiff of a county court at law is subject to the training and continuing education requirements of a sheriff's deputy of the county. The sheriff shall remove from office a bailiff who does not receive a peace officer license within one year of appointment as required by this subsection.

(k)  The judge of a county court at law must be a United States citizen at the time of appointment or election.

(l)  The judge of a county court at law shall diligently discharge the duties of the office on a full-time basis and may not engage in the private practice of law.

(m)  In matters of concurrent jurisdiction, the judge of a county court at law and the district judge may exchange benches, transfer cases subject to acceptance, assign each other to hear cases, and otherwise manage their respective dockets under local administrative rules.

(n)  The judge of a county court at law has the same judicial immunity as a district judge.

Added by Acts 2003, 78th Leg., ch. 377, Sec. 5(a), eff. Sept. 1, 2003.



Section  25.2031.  Rusk County.

Rusk County has one statutory county court, the County Court at Law of Rusk County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.2032.  Rusk 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 Rusk County has concurrent jurisdiction with the district court in:

(1)  family law cases and proceedings; and

(2)  civil cases.

(b)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(c)  The judge of a county court at law may not engage in the private practice of law after appointment or election.

(d)  The judge of a county court at law shall be paid an annual salary that is at least equal to the amount that is 90 percent of the total annual salary, including supplements, received by a district judge in the county. The commissioners court may provide travel expenses and office expenses, including administrative and clerical assistance, in addition to the judge's salary, as it considers necessary.

(e)  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.

(f)  The district clerk serves as clerk of the county courts at law in matters of concurrent jurisdiction with the district court and the county clerk serves as clerk of the county courts at law in all other cases. The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve a court.

(g)  The judge of a county court at law, with the consent of the commissioners court, may employ a secretary. The secretary is entitled to a salary as determined by the commissioners court.

(h)  Practice in a county court at law shall conform to that prescribed by general law for county courts. 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 or courts may, on request of either the county judge or the judge of a county court at law, be made available and shall serve for the week in either the county court or county court at law.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 540, Sec. 1, eff. June 14, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.20, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 51, 70, eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 582, Sec. 1, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1143, Sec. 1, eff. June 19, 1997.



Section  25.2071.  San Patricio County.

(a) San Patricio County has one statutory county court, the County Court at Law of San Patricio County.

(b)  A county court at law sits in Sinton.

Added by Acts 1989, 71st Leg., ch. 659, Sec. 1, eff. Sept. 1, 1989.



Section  25.2072.  San Patricio 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 San Patricio County has concurrent jurisdiction with the district court in matters involving the juvenile and child welfare law of this state.

(b)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(c)  The judge of a county court at law may not engage in the private practice of law.

(d)  The judge of a county court at law shall be paid an annual salary in an amount of not less than $43,000. The judge of a county court at law is entitled to receive travel and necessary office expenses, including administrative and clerical assistance.

(e)  The terms of a county court at law are the same as those for the County Court of San Patricio County.

(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. The amount paid to the special judge may not be deducted or paid out of the salary of the regular judge.

(g)  The judge of a county court at law shall appoint an official shorthand reporter for the court. The reporter must have the qualifications required by law for official shorthand reporters. The reporter shall be a sworn officer of the court and shall hold office at the pleasure of the court. The reporter must take the oath required of official court reporters. The official court reporter of a county court at law is entitled to a salary set by the commissioners court. The salary shall be paid out of the county treasury in equal monthly installments.

(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 county court at law.

(j)  The judge of a county court and the judge of a county court at law may transfer cases to and from the dockets of their respective courts in matters within their jurisdiction in order that the business may be distributed between them. However, a case may not be transferred from one court to another without the consent of the judge of the court to which it is transferred, unless it is within the jurisdiction of the court to which it is transferred.

(k)  In all cases transferred to a county court at law and in all cases transferred to the county court by order of the judge of the other court, all processes, writs, bonds, recognizances, or other obligations issued or made in the cases shall be returned to and filed in the court to which the transfer is made. All bonds executed and recognizances entered into in those cases shall bind the parties for their appearance or to fulfill the obligations on the bonds or recognizances at the terms of court to which the cases are transferred as are fixed by law. All processes issued or returned before transfer of the cases as well as all bonds and recognizances taken in the case are valid and binding as though originally issued out of the court to which the transfer is made.

(l)  The county judge and the judge of a county court at law may freely exchange benches and the courtroom with each other in matters within their jurisdiction, so that if one is ill, disqualified, or otherwise absent, the other may hold court for him without the necessity of transferring the case involved. However, the judge of one court may not assume the bench of the other court without the consent of the judge of the other court set forth by order recorded in the minutes of the other court. Either judge may hear all or any part of a case pending in the county court or a county court at law, but only in matters within his jurisdiction, and may rule and enter orders on and continue, determine, or render judgment on all or any part of the case without the necessity of transferring it to his own docket. Each judgment and order shall be entered in the minutes of the court in which the case is pending. The provisions for the exchange of benches by and between the judges are in addition to the provisions in this section for the selection and appointment of a special judge of a court at law.

(m)  The judge of the county court and the judge of a county court at law may agree on a plan governing the filing, numbering, and docketing of cases within the concurrent jurisdiction of their courts and the assignment of those cases for trial. The plan may provide for the centralized institution and filing of all such cases with one court, clerk, or coordinator designated by the plan and for the systemized assignment of those cases to the courts participating in the plan, and the provisions of the plan for the centralized filing and assignment of cases shall control notwithstanding any other provisions of this section. If the judges of the county court and the county court at law are unable to agree on a filing, docketing, and assignment of cases plan, the presiding judge of the 36th Judicial District shall design a plan for both courts.

(n)  The county clerk shall establish a separate docket for the court created by this section from among pending matters filed originally in the County Court of San Patricio County and shall transfer those matters to the docket of the court created by this section.

Added by Acts 1989, 71st Leg., ch. 659, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 52, 70, eff. Oct. 1, 1991.



Section  25.2141.  Smith County.

(a) Smith County has the following statutory courts:

(1)  County Court at Law of Smith County;

(2)  County Court at Law No. 2 of Smith County; and

(3)  County Court at Law No. 3 of Smith County.

(b)  The county courts at law of Smith County sit in Tyler.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 102, Sec. 1, eff. May 15, 1997.



Section  25.2142.  Smith 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 (a-1), a county court at law in Smith County has the jurisdiction provided by the constitution and by general law for district courts.

(a-1)  A county court at law does not have jurisdiction of:

(1)  capital felony cases or felonies of the first or second degree;

(2)  suits on behalf of the state to recover penalties, forfeiture, or escheat;

(3)  misdemeanors involving official misconduct; or

(4)  contested elections.

(b)  A county court at law has concurrent jurisdiction with the county court in mental illness matters and proceedings under Subtitle C, Title 7, Health and Safety Code.

(c)  The terms of a county court at law are the same as the terms of the County Court of Smith County and may be changed as provided by law for changing the terms of the county court.

(d)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 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 commissioners court may, by an issued and signed order, require the judge of a county court at law to execute a bond in an amount set by the commissioners court. The commissioners court may require a bond of any special judge or visiting judge assigned to a county court at law. If the commissioners court requires a bond, the commissioners court must pay the appropriate fee for the bond from county funds.

(g)  The judge of a county court at law may be paid an annual salary that is equal to the amount that is $1,000 less than the total annual salary, including supplements, paid a district judge in the county. The salary shall be paid to the judge in equal installments at the established county pay periods. The salary shall be paid out of the general fund of the county by warrants drawn on the county treasury on order of the commissioners court. The judge of a county court at law shall assess the fees prescribed by law relating to county judges and district judges according to the nature of the matter brought before the judge.

(h)  If the office of judge of a county court at law is vacant, if the regular judge is absent, disabled, or disqualified from presiding, or if the regular judge of a county court at law certifies that the orderly administration of justice in the court requires the temporary assistance of a special judge or visiting judge, the presiding judge of the administrative judicial region in which the county is located may appoint a person to sit as a special or visiting judge.

(i)  A special judge of a county court at law must:

(1)  be a citizen of the United States;

(2)  have resided in the county for at least one year before appointment; and

(3)  be a licensed attorney in this state and have actively practiced law for at least five years before appointment.

(j)  A special judge of a county court at law must take the constitutional oath of office.

(k)  A visiting judge of a county court at law must:

(1)  be a former judge of a district court or statutory county court, or an active judge of a district court or county court at law;

(2)  not appear and plead as an attorney at law in any court of this state while serving as a visiting judge;

(3)  have been a successful candidate for election in at least two general elections for judge of a district court or statutory county court;

(4)  not have been removed from office by impeachment, the supreme court, the governor on address of the legislature, or by the State Commission on Judicial Conduct; and

(5)  not have resigned as judge of a court while under investigation by the State Commission on Judicial Conduct.

(l)  A special judge or visiting judge of a county court at law may sign orders, judgments, decrees, or any other process authorized by law as "Judge Presiding" when acting for the regular judge.

(m)  In appointing a visiting judge, preference shall be given to the appointment of a former judge of a statutory county court. If a judge of a statutory county court is not available, the presiding judge of the judicial district may appoint a former judge of a district court or an active judge of a district court or county court at law.

(n)  A special judge of a county court at law is entitled to receive for services actually performed the same amount of compensation as the regular judge. A former judge sitting as a visiting judge of a county court at law is entitled to receive for services performed the same amount of compensation that the regular judge receives, less an amount equal to the pro rata annuity received from any state, district, or county retirement fund. An active judge sitting as a visiting judge of a county court at law is entitled to receive for services performed the same amount of compensation that the regular judge receives, less an amount equal to the pro rata compensation received from state or county funds as salary, including supplements.

(o)  A visiting judge of a county court at law is entitled to receive reimbursement for food and lodging expenses incurred, in an amount not to exceed the sum paid visiting judges of district courts in the state, and for actual travel expenses between the residence of the visiting judge and the county court at law.

(p)  The compensation, including authorized expenses, for a county court at law judge, special judge, or visiting judge shall be paid by the commissioners court. Payment to a special judge or visiting judge shall be made on certification by the presiding judge of the administrative judicial region that the special judge or visiting judge has rendered the service and is entitled to receive the compensation. The amount paid to a special judge or visiting judge may not be deducted from the salary or allowable expenses of the regular judge.

(q)  A special or visiting judge of a county court at law has all the powers, jurisdiction, authority, duties, immunities, and privilege provided by law for the county court at law or its judge, except those powers and that authority associated with the appointment or assignment of court personnel.

(r)  The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.

(s)  The official court reporter of a county is entitled to receive a salary set by the commissioners court. If possible, the commissioners court shall set the salary at an amount equal to the amount of compensation, fees, and allowances received by the court reporters of the district courts in Smith County. The official court reporter shall perform any reasonable court-related duties required by the judge of the court.

(t)  The judge of a county court at law may appoint a court coordinator or administrative assistant. A court coordinator or administrative assistant performs the duties prescribed by the judge and cooperates with the administrative judges and state agencies for uniform and efficient operation of the court and the administration of justice. The court coordinator or administrative assistant is entitled to be paid from county funds the compensations, fees, and allowances set by the commissioners court. The court coordinator or administrative assistant serves the judge of the court and holds office at the pleasure of the judge. If possible, the commissioners court shall set the salary of the court coordinator or administrative assistant at an amount equal to the amount paid the court coordinator or administrative assistant of the district courts of Smith County.

(u)  A county court at law may draw jurors from the central jury panel summoned through the district clerk's office in Smith County for jurors to serve in district court, county court, county courts at law, and other courts in the county. The laws governing the drawing, selection, and service of jurors for county courts apply to a county court at law. Jurors summoned for the county court or the county courts at law may by order of the judge of the court in 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. If the judges of the county court and county courts at law agree, jurors may be summoned for service in the judges' courts and used interchangeably in the courts.

(v)  Except as otherwise provided by this section, juries in a county court at law shall be composed of six members. In matters of concurrent jurisdiction with the district court, if a party to the suit requests a 12-member jury, the jury shall be composed of 12 members. In a civil case tried in a county court at law, the parties may, by mutual agreement and with the consent of the judge, agree to try the case with any number of jurors and agree to have a verdict rendered and returned by the vote of any number of jurors less than all those hearing the case.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 21, Sec. 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, Sec. 8.44(9), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.21, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 76, Sec. 12, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 53, 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 449, Sec. 1, eff. Sept. 1, 1997.



Section  25.2161.  Starr County.

Starr County has one statutory county court, the County Court at Law of Starr County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.2162.  Starr 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 Starr County has concurrent jurisdiction with the district court in:

(1)  family law cases and proceedings; and

(2)  controversies involving title to real property.

(b)  This section does not affect the right of appeal to a county court at law from the justice court in cases in which the right of appeal to the county courts exists by law.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(d)  The judge of a county court at law may engage in the private practice of law but may not appear and plead as an attorney in any court of record in this state or in any court over which the judge has appellate jurisdiction.

(e)  The judge of a county court at law shall be paid an annual salary that is at least equal to the salary paid the county judge but not more than $1,000 less than the total annual salary, including supplements, paid a district judge in the county.

(f)   If the regular judge of a county court at law is absent, disabled, or disqualified from presiding, the presiding judge of the administrative judicial region in which the county is located may appoint a person with the same qualifications as the regular judge to sit as a special judge.

(g)   A special judge must take the oath of office required by law for the regular judge and has all the power and jurisdiction of the court and the regular judge. A special judge may sign orders, judgments, decrees, or any other process as "Judge Presiding" when acting for the regular judge.

(h)   A special judge is entitled to receive for services actually performed the same amount of compensation that the regular judge receives for those services. The compensation shall be paid out of county funds on certification by the presiding judge of the administrative judicial region that the special judge has rendered the services and is entitled to receive the compensation. The amount paid to a special judge may not be deducted or paid out of the salary of the regular judge.

(i)   The district clerk serves as clerk of a county court at law in matters of concurrent jurisdiction with the district court and shall establish a separate docket for the county court at law. The county clerk serves as clerk of the court in all other matters.

(j)   The commissioners court shall provide the assistant county attorneys, deputy sheriffs, deputy clerks, bailiffs, and other personnel necessary to operate a county court at law.

(k)   With the approval of the commissioners court, the judge of a county court at law may 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 set by the commissioners court or as otherwise provided by law.

(l)   Section 25.0008 does not apply to a county court at law in Starr County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.44(10), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 1st C.S., ch. 30, Sec. 1, eff. Aug. 2, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.22, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 31, Sec. 1, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 54, 70, eff. Oct. 1, 1991.



Section  25.2221.  Tarrant County.

(a) Tarrant County has the following county courts at law:

(1)  County Court at Law No. 1 of Tarrant County;

(2)  County Court at Law No. 2 of Tarrant County; and

(3)  County Court at Law No. 3 of Tarrant County.

(b)  Tarrant County has the following county criminal courts:

(1)  County Criminal Court No. 1 of Tarrant County;

(2)  County Criminal Court No. 2 of Tarrant County;

(3)  County Criminal Court No. 3 of Tarrant County;

(4)  County Criminal Court No. 4 of Tarrant County;

(5)  County Criminal Court No. 5 of Tarrant County;

(6)  County Criminal Court No. 6 of Tarrant County;

(7)  County Criminal Court No. 7 of Tarrant County;

(8)  County Criminal Court No. 8 of Tarrant County;

(9)  County Criminal Court No. 9 of Tarrant County; and

(10)  County Criminal Court No. 10 of Tarrant County.

(c)  Tarrant County has the following statutory probate courts:

(1)  Probate Court No. 1 of Tarrant County; and

(2)  Probate Court No. 2 of Tarrant County.

(d)  Repealed by Acts 1997, 75th Leg., ch. 317, Sec. 3, eff. Sept. 1, 1997.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 38, Sec. 1, eff. Oct. 20, 1987; Acts 1989, 71st Leg., ch. 2, Sec. 8.20(a), eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 354, Sec. 1, 2, eff. Jan. 1, 1995; Acts 1997, 75th Leg., ch. 317, Sec. 1, 3, eff. Sept. 1, 1997.



Section  25.2222.  Tarrant County Court At Law Provisions.

(a) A county court at law in Tarrant County has jurisdiction over all civil matters and causes, original and appellate, prescribed by law for county courts. The County Court at Law No. 1 of Tarrant County also has jurisdiction over all criminal matters and causes, original and appellate, prescribed by law for county courts. The County Courts at Law Nos. 2 and 3 of Tarrant County do not have criminal jurisdiction.

 

Text of subsec. (b) as amended by Acts 1991, 72nd Leg., ch. 746, Sec. 55

 

(b)  A county court at law has concurrent jurisdiction with the district court in nonjury family law cases and proceedings.

 

Text of subsec. (b) as amended by Acts 1991, 72nd Leg., ch. 22, Sec. 1 and Acts 2005, 79th Leg., Ch. 265, Sec. 6.005, eff. September 1, 2005.

 

(b)  A county court at law has concurrent jurisdiction with the district court in:

(1)  civil cases in which the matter in controversy exceeds $500 and does not exceed $100,000, excluding mandatory damages and penalties, attorney's fees, interest, and costs;

(2)  nonjury family law cases and proceedings;

(3)  final rulings and decisions of the division of workers' compensation of the Texas Department of Insurance regarding workers' compensation claims, regardless of the amount in controversy;

(4)  eminent domain proceedings, both statutory and inverse, regardless of the amount in controversy;

(5)  suits to decide the issue of title to real or personal property;

(6)  suits to recover damages for slander or defamation of character;

(7)  suits for the enforcement of a lien on real property;

(8)  suits for the forfeiture of a corporate charter;

(9)  suits for the trial of the right to property valued at $200 or more that has been levied on under a writ of execution, sequestration, or attachment; and

(10)  suits for the recovery of real property.

(c)  A county court at law has at least four terms of court each year. The terms of court shall be set by the commissioners court in the manner provided by law for setting terms of county courts. The county courts at law must have the same terms.

(d)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(e)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(f)  The judge of a county court at law shall be paid an annual salary in an amount that is not less than $1,000 less than the total annual salary, including supplements and salary increases, paid any district judge in the county.

(g)  A vacancy in the office of judge of the County Court at Law No. 1 of Tarrant County shall be filled by appointment by the governor until the next general election.

(h)  The judge of the County Court at Law No. 2 or 3 of Tarrant County may not engage in the private practice of law.

(i)  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.

(j)  The county clerk serves as clerk of a county court at law except that the district clerk serves as clerk of the court for family law cases and proceedings. The district clerk may establish a separate docket for family law cases and proceedings filed originally in the district courts of Tarrant County.

(k)  The county sheriff shall, in person or by deputy, attend the County Court at Law No. 1 or 2 of Tarrant County as required by the judge.

(l)  The official court reporter for the County Court at Law No. 2 of Tarrant County and the official court reporter for the County Court at Law No. 3 of Tarrant County are each entitled to the same fees and salaries and shall perform the duties and take the oath of office as provided by law for district court reporters.

(m)  Practice and procedure, appeals, and writs of error in a county court at law are as prescribed by law for county courts, except that:

(1)  practice and procedure, rules of evidence, 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 the laws and rules pertaining to district courts; and

(2)  practice and procedure, rules of evidence, and all other matters pertaining to the conduct of trials and hearings in the County Court at Law No. 3 of Tarrant County involving eminent domain cases and cases enumerated in Section 25.2222(b) are governed by the laws and rules pertaining to district courts.

(n)  The jurisdiction and authority vested by law in the county court for the selection and service of jurors may also be exercised by a county court at law.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.20(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 934, Sec. 1, eff. June 14, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.23, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 22, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 55, 70, eff. Oct. 1, 1991; Acts 2003, 78th Leg., ch. 62, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 265, Sec. 6.005, eff. September 1, 2005.



Section  25.2223.  Tarrant County Criminal Court Provisions.

(a) A county criminal court in Tarrant County has jurisdiction over all criminal matters and causes, original and appellate, prescribed by law for county courts, but does not have civil jurisdiction. The County Criminal Courts Nos. 5 and 10 of Tarrant County also have concurrent jurisdiction within the county of all appeals from criminal convictions under the laws of this state and the municipal ordinances of the municipalities located in Tarrant County that are appealed from the justice courts and municipal courts in the county. The County Criminal Courts Nos. 5, 7, 8, 9, and 10 of Tarrant County also have concurrent jurisdiction with the district court in felony cases to conduct arraignments, conduct pretrial hearings, and accept guilty pleas.

(b)  A county criminal court or its judge may issue writs of injunction 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 of a court of inferior jurisdiction in the county. A county criminal court or its judge may punish for contempt as prescribed by law for county courts.

(c)  A county criminal court in Tarrant County has at least four terms of court each year. The terms of court shall be set by the commissioners court in the manner provided by law for setting terms of county courts.

(d)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(e)  A judge of the County Criminal Court No. 1 or 2 of Tarrant County shall devote his entire time to the duties of the office of judge and may not engage in the private practice of law. A judge of the County Criminal Court No. 3, 4, 5, 6, 7, 8, 9, or 10 of Tarrant County may not engage in the practice of law.

(f)  The judge of a county criminal court shall be paid an annual salary in an amount that is not less than $1,000 less than the total annual salary, including supplements and salary increases, paid any district judge in the county.

(g)  A special judge of a county criminal court may be appointed or elected in the manner provided by law for the appointment or election of a special county judge.

(h)  The county sheriff shall, in person or by deputy, attend a county criminal court as required by the judge.

(i)  The official court reporter of a county criminal court is entitled to the same fees and salary as a district court reporter and shall perform the same duties and take the oath of office as provided by law for district court reporters. The official court reporter for the County Criminal Court No. 1 or 3 of Tarrant County is not required to take testimony in cases in which neither a party nor the judge demands it. In cases in which testimony is taken, a fee of $3 shall be taxed as costs in the case. The clerk collects the fee and pays it into the county treasury.

(j)  At least two bailiffs shall be assigned regularly to the County Criminal Court No. 1 of Tarrant County and the County Criminal Court No. 2 of Tarrant County. The judges of the County Criminal Courts Nos. 1 and 2 of Tarrant County shall each appoint one officer to act as bailiff of the judge's court, and the sheriff of Tarrant County shall appoint a bailiff for each court as prescribed by law. The bailiffs serve at the pleasure of the court and shall perform the duties required by the judge of the court to which the bailiffs are assigned.

(k)  Section 25.0007 does not apply to a county criminal court in Tarrant County.

(l)  The County Criminal Court No. 5 of Tarrant County shall give preference to cases brought under Title 5, Penal Code, involving family violence as defined by Section 71.004, Family Code, and cases brought under Sections 25.07 and 42.072, Penal Code.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 38, Sec. 2, eff. Oct. 20, 1987; Acts 1989, 71st Leg., ch. 5, Sec. 2(c), eff. March 22, 1989; Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 317, Sec. 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 131, Sec. 1, eff. May 16, 2001; Acts 2003, 78th Leg., ch. 62, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(n), 9.001(b), eff. Sept. 1, 2003.



Section  25.2224.  Tarrant County Probate Court Provisions. (a) Rep

ealed by Acts 2001, 77th Leg., ch. 635, Sec. 3(2), eff. Sept. 1, 2001.

(b)  The judge of the Probate Court No. 1 of Tarrant County must:

(1)  be well informed in the laws of this state; and

(2)  have been a licensed and practicing member of the state bar for at least five consecutive years before election.

(c)  The judge of the Probate Court No. 2 of Tarrant County must:

(1)  be well informed in the laws of this state; and

(2)  have been a licensed and practicing member of the state bar for at least five consecutive years before election or appointment.

(d)  The salaries of the statutory probate court judges shall be paid out of the county treasury by the commissioners court and shall be set at equal amounts.

(e)  In case of the absence, disqualification, or incapacity of the county judge or the judge of the Probate Court No. 1 of Tarrant County, or for any other reason, the judges may sit and act for each other in any probate matter or proceeding. The judge may hear and determine, in either courtroom, any matter or proceeding pending in either court. The judge may enter any orders in the matters or proceedings that the judge of the other court may enter.

(f)  A special judge of a statutory probate court may be appointed or elected in the manner provided by law for the appointment or election of a special county judge.

(g)  The county sheriff shall, in person or by deputy, attend a statutory probate court as required by the judge.

(h)  The commissioners court shall provide a secretary and chief clerk for each judge of a statutory probate court. The secretary and chief clerk serve at the pleasure of the judge of a statutory probate court. The commissioners court may also provide additional clerical assistance necessary to operate a statutory probate court.

(i)  Practice and procedure in a statutory probate court is that provided by law for county courts. Rules of court relating to proceedings in a county court, or to reviews or appeals from a county court, apply to a statutory probate court.

(j)  The laws governing the drawing, selection, service, and pay of jurors for county courts apply to the Probate Court No. 2 of Tarrant County.

(k)  Repealed by Acts 1991, 72nd Leg., ch. 394, Sec. 4, eff. Aug. 26, 1991, and Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 394, Sec. 4, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.



Section  25.2231.  Taylor County.

Taylor County has the following statutory county courts:

(1)  County Court at Law of Taylor County; and

(2)  County Court at Law No. 2 of Taylor County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.2232.  Taylor 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 Taylor County has:

(1)  concurrent jurisdiction with the county court in the trial of cases involving insanity and approval of applications for admission to state hospitals and special schools if admission is by application; and

(2)  concurrent jurisdiction with the district court in civil cases in which the matter in controversy exceeds $500 but does not exceed $100,000, excluding interest.

(b)  A county court at law has terms of court beginning on the third Mondays in February, April, June, August, October, and December.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(d)  The judge of a county court at law shall be paid an annual salary that is not less than the salary paid the county judge. The salary shall be paid out of the county treasury.

(e)  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. The special judge is entitled to reasonable compensation determined by the commissioners court for each day served, to be paid out of the general county fund by the commissioners court.

(f)  The county sheriff shall, in person or by deputy, attend a county court at law, as required by the judge.

(g)  Practice and procedure and appeals and writs of error prescribed by law for county courts apply to a county court at law.

(h)  On authorization by the commissioners court, the judge of a county court at law may appoint a secretary for the court. The secretary is entitled to receive the same compensation allowed the secretary of the county judge, to be paid out of the county treasury in equal monthly installments as other county officials are paid. The secretary serves at the pleasure of the judge.

(i)  Section 25.0006(b) does not apply to a county court at law in Taylor County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991; Acts 1991, 72nd Leg., ch. 760, Sec. 1, eff. Aug. 26, 1991.



Section  25.2281.  Tom Green County.

Tom Green County has the following statutory county courts:

(1)  County Court at Law of Tom Green County; and

(2)  County Court at Law No. 2 of Tom Green County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 703, Sec. 1, eff. Aug. 28, 1995.



Section  25.2282.  Tom Green County Court At Law Provisions.

(a) A judge of County Court at Law No. 2 of Tom Green 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.

(b)  A county court at law has the same terms as the county court.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(d)  The judge of a county court at law shall devote his entire time to the duties of his office. The judge may not engage in the private practice of law.

(e)  The salary of a judge of a county court at law shall be paid out of the county treasury by the commissioners court. The judge of a county court at law is entitled to travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as the county judge.

(f)  If the judge of a county court at law is disqualified, 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 meet the same qualifications as the regular judge and is entitled to the same rate of compensation as the regular judge.

(g)  The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve a county court at law.

(h)  With the approval of the judge of a county court at law, the official court reporter of a county court at law shall be available for matters being considered in the county court and the district courts in the county.

(i)  Practice in a county court at law must conform to that prescribed by law for county courts.

(j)  The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a county court at law. A general panel of jurors, or jurors impaneled for a week by a district court, may be made available to serve for the week in a county court at law.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991; Acts 1995, 74th Leg., ch. 703, Sec. 2, eff. Aug. 28, 1995.



Section  25.2291.  Travis County.

(a) Travis County has the following statutory county courts:

(1)  County Court at Law No. 1 of Travis County, Texas;

(2)  County Court at Law No. 2 of Travis County, Texas;

(3)  County Court at Law No. 3 of Travis County, Texas;

(4)  County Court at Law Number 4 of Travis County;

(5)  County Court at Law Number 5 of Travis County;

(6)  The County Court at Law Number 6 of Travis County;

(7)  The County Court at Law Number 7 of Travis County; and

(8)  The County Court at Law Number 8 of Travis County.

(b)  The county courts at law of Travis County sit in Austin.

(c)  Travis County has one statutory probate court, the Probate Court No. 1 of Travis County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.21(a), eff. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 578, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 514, Sec. 1, eff. January 1, 2008.



Section  25.2292.  Travis 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 Travis County has concurrent jurisdiction with the district court in civil cases in which the matter in controversy exceeds $500 but does not exceed $250,000, excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs, as alleged on the face of the petition.

(b)  A county court at law has six terms beginning on the first Mondays in January, March, May, July, September, and November.

(c)  In addition to the jurisdiction provided by Section 25.0003 and other law, the County Court at Law Number 4 of Travis County has concurrent jurisdiction with the district court in state jail felony and third degree felony cases involving family violence, as defined by Section 71.004, Family Code. The court shall give preference to cases in which family violence is alleged, including cases under Title 4, Family Code.

(d)  In civil cases, the jury is composed of six members unless:

(1)  the amount in controversy exceeds $100,000; and

(2)  a party to the case files a written request for a 12-member jury not later than the 30th day before the date of the trial.

(e)  A judge of a county court at law may not engage in the private practice of law.

(f)  The judge of a county court at law shall be paid an annual salary that is at least equal to the salary paid district judges from the general revenue fund of the state, but not more than $1,000 less than the annual salary, including supplements, received by district judges in the county. For purposes of determining the annual salary of a judge of a county court at law under this section, the total annual salary received by a district judge in the county does not include compensation paid to the presiding criminal judge of Travis County under Section 75.016.

(g)  The salary shall be paid out of the county general fund by warrants drawn on the county treasury on orders of the commissioners court.

(h)  Repealed by Acts 1989, 71st Leg., ch. 1131, Sec. 3, eff. Sept. 1, 1989.

(i)  The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.

(j)  All cases from justice courts or other inferior courts must be appealed directly to a county court at law.

(k)  The jurisdiction and authority vested by law in the county court for the drawing, selection, and service of jurors shall be exercised by the statutory county courts. Juries summoned for any county court at law or statutory probate court may, by order of the judge of the court in which they are summoned, be transferred to any of the other courts to serve and may be used as if summoned for the court to which they are transferred.

(l)  Practice in the courts at law is that prescribed by law for county courts.

(m)  Section 25.0007 does not apply to a county court at law in Travis County.

(n)  The County Court at Law Number 8 of Travis County shall give preference to criminal cases.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.21(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1131, Sec. 1, 3, eff. Sept. 1, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.24, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 578, Sec. 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1079, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1203, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 514, Sec. 2, eff. January 1, 2008.

Acts 2009, 81st Leg., R.S., Ch. 959, Sec. 1, eff. September 1, 2009.



Section  25.2293.  Travis County Probate Court Provisions. (a) Rep

ealed by Acts 2001, 77th Leg., ch. 635, Sec. 3(2), eff. Sept. 1, 2001.

(b)  Repealed by Acts 2003, 78th Leg., ch. 1276, Sec. 9.003.

(c)  A statutory probate court has eminent domain jurisdiction. All actions, cases, matters, or proceedings of eminent domain arising under Chapter 21, Property Code, or under Section 251.101, Transportation Code , shall be filed and docketed in Probate Court No. 1 of Travis County. A statutory probate court may transfer an eminent domain proceeding to a county court at law in the county.

(d)  Repealed by Acts 2001, 77th Leg., ch. 635, Sec. 3(2) and Acts 2001, 77th Leg., ch. 677, Sec. 2, eff. Sept. 1, 2001.

(e)  The terms of a statutory probate court begin on the first Mondays in January and July. Each term of court continues until the next succeeding term begins.

(f)  The judge of a statutory probate court must be:

(1)  a qualified voter in the county;

(2)  a resident of the county; and

(3)  a licensed attorney in this state who has actively practiced law for at least the five years before appointment or election.

(g)  The judge of a statutory probate court may not engage in the private practice of law.

(h)  Repealed by Acts 2001, 77th Leg., ch. 426, Sec. 7, eff. Sept. 1, 2001.

(i)  The official court reporter of a statutory probate court is entitled to the same amount of compensation paid to the official court reporters in the district courts in the county. The reporter's salary shall be paid in the same manner as the compensation of the official court reporters of the district courts.

(j)  The judge of a statutory probate court may appoint an administrative assistant and an auditor to aid the judge in the performance of his duties. The judge sets the salary of the administrative assistant and the salary of the auditor by an order entered in the minutes of the court. The appointments and the salaries may be changed only by order of the judge. The salaries of the auditor and the administrative assistant shall be paid monthly out of the county's general fund or any other fund available for that purpose.

(k)  The jurisdiction and authority vested by law in the county court for the drawing, selection, and service of jurors shall be exercised by the statutory county courts. Juries summoned for any statutory probate court or county court at law may, by order of the judge of the court in which they are summoned, be transferred to any of the other courts to serve and may be used as if summoned for the court to which they are transferred.

(l)  Practice in a statutory probate court is that prescribed by law for county courts.

(m)  For purposes of determining the annual salary of a judge of a statutory probate court as provided by Section 25.0023, the total annual salary received by a district judge in the county does not include compensation paid to the presiding criminal judge of Travis County under Section 75.016.

Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.21(c), eff. Aug. 28, 1989. Amended by Acts 1989, 71st Leg., ch. 1131, Sec. 2, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 76, Sec. 13, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 394, Sec. 4, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1991; Acts 1997, 75th Leg., ch. 165, Sec. 30.185, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 426, Sec. 7, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 635, Sec. 3(2), eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 677, Sec. 1, 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 9.003, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 959, Sec. 2, eff. September 1, 2009.



Section  25.2351.  Val Verde County.

(a) Val Verde County has one statutory county court, the County Court at Law of Val Verde County.

(b)  The County Court at Law of Val Verde County sits in Del Rio.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.2352.  Val Verde 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 Val Verde County has concurrent jurisdiction with the district court in family law cases and proceedings.

(b)  A county court at law has the same terms as a district court in Val Verde County.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 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 $20,000 but not more than 90 percent of the total compensation paid the district judge. 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 assistance.

(f)  A special judge of a county court at law may be appointed or elected in the manner provided by law for special county judges. 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 to try the case. A special judge is entitled to receive for each day served compensation equal to 1/365 of the annual salary of the regular judge, to be paid out of the county's general fund by the commissioners court.

(g)  The county sheriff shall, in person or by deputy, attend a county court at law as required by the judge.

(h)  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 matters.

(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 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 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.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 56, 70, eff. Oct. 1, 1991.



Section 25.2361.  Van Zandt County.

Van Zandt County has one statutory county court, the County Court at Law of Van Zandt County.

Added by Acts 2007, 80th Leg., R.S., Ch. 969, Sec. 1, eff. January 1, 2011.



Section 25.2362.  Van Zandt 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 Van Zandt County has concurrent jurisdiction with the district court in:

(1)  felony cases to:

(A)  conduct arraignments;

(B)  conduct pretrial hearings;

(C)  accept guilty pleas; and

(D)  conduct jury trials on assignment of a district judge presiding in Van Zandt County and acceptance of the assignment by the judge of the county court at law;

(2)  Class A and Class B misdemeanor cases;

(3)  family law matters;

(4)  juvenile matters;

(5)  probate matters; and

(6)  appeals from the justice and municipal courts.

(b)  A county court at law's civil jurisdiction concurrent with the district court in civil cases is limited to cases in which the matter in controversy does not exceed $200,000.  A county court at law does not have general supervisory control or appellate review of the commissioners court or jurisdiction of:

(1)  suits on behalf of this state to recover penalties or escheated property;

(2)  felony cases involving capital murder;

(3)  misdemeanors involving official misconduct; or

(4)  contested elections.

(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 a total annual salary set by the commissioners court at an amount that is not less than $1,000 less than the total annual salary received by a district judge in the county.  A district judge's or statutory county court judge's total annual salary does not include contributions and supplements paid by a county.

(e)  The judge of a county court at law may not engage in the private practice of law.

(f)  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 matters.  Each clerk shall establish a separate docket for a county court at law.

(g)  The official court reporter of a county court at law is entitled to receive a salary set by the judge of the county court at law with the approval of the commissioners court.

(h)  Jurors summoned for 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 2009, 81st Leg., R.S., Ch. 1103, Sec. 15(a), eff. January 1, 2011.



Section  25.2371.  Victoria County.

Victoria County has the following statutory county courts:

(1)  County Court at Law No. 1 of Victoria County; and

(2)  County Court at Law No. 2 of Victoria County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.22(a), eff. Aug. 28, 1989.



Section  25.2372.  Victoria County Court At Law Provisions. (a) Rep

ealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(b)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(c)  The terms of a county court at law are the same as those of the County Court of Victoria County.

(d)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(e)  The judge of the County Court at Law No. 1 of Victoria County shall be paid the same amount in salary, from the same fund and in the same manner, as the county judge. The judge of the County Court at Law No. 2 of Victoria County shall be paid a salary that does not exceed 90 percent of the amount paid a district court judge in the county. The commissioners court may provide travel expenses and necessary office expenses, including clerical and administrative assistance, for the county courts at law.

(f)  A special judge of a county court at law with the same qualifications as the regular judge may be appointed as provided by law for the appointment of a special county judge. If a judge of a county court at law is disqualified to try a case pending in his 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)  Practice in a county court at law must conform to that prescribed by law for the county court.

(h)  The laws that govern the drawing, selection, service, and pay of jurors for county courts apply to a county court at law.

(i)  Jurors regularly impaneled for a week by the district court may, on request of either the county judge or a judge of a county court at law, be made available and shall serve for the week in either the county court or the county court at law.

(j)  Section 25.0008 does not apply to the county courts at law in Victoria County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.22(b), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.



Section  25.2381.  Walker County.

(a) Walker County has one statutory county court, the County Court at Law of Walker County.

(b)  The County Court at Law of Walker County sits in Huntsville.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.2382.  Walker 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 Walker County has concurrent jurisdiction with the district court in:

(1)  family law cases and proceedings; and

(2)  cases and proceedings involving justiciable controversies and differences between spouses, between parents, or between parent and child, or between any of these and third persons.

(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, Sec. 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 83 percent of the annual salary of a district judge in the county. The salary shall be paid by the county treasurer by order of 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 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 a county court at law in the cases enumerated in Subsections (a)(2)(B) and (C), and the county clerk serves as clerk of the court in all other matters. The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve a county court at law.

(h)  The judge of a county court at law may, instead of appointing an official court reporter, 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 matters enumerated in Subsection (a)(2)(B) or (C) shall be governed by this section and the laws and rules pertaining to district courts. If a case in Subsection (a)(2)(B) or (C) 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)  All cases appealed from the justice courts and other courts of inferior jurisdiction in the county shall be made direct to a county court at law, unless otherwise provided by law.

(l)  Appeals in all cases from judgments and orders of the county court at law shall be to the court of appeals as provided by law for county and district courts.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 57, 70, eff. Oct. 1, 1991.



Section  25.2391.  Waller County.

(a) Waller County has one statutory county court, the County Court at Law of Waller County.

(b)  The County Court at Law of Waller County sits in Hempstead.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.2392.  Waller 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 Waller County has concurrent jurisdiction with the district court in family law cases and proceedings.

(b)  A county court at law has four terms of court beginning on the first Mondays of January, April, July, and October of each year.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 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 85 percent of the amount paid by the state to a district judge. The salary shall be paid by the county treasurer on order of the commissioners court. The judge of a county court at law 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 family law cases and proceedings, and the county clerk serves as clerk of the court in all other cases and proceedings. 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 service of a court reporter under guidelines established by the commissioners court.

(i)  If a case enumerated in Subsection (a)(2) 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 civil and criminal cases from judgments and orders of the county court at law are to the court of appeals as provided for appeals from district and county courts. All cases appealed from the justice courts and other inferior courts in the county are to a county court at law, unless otherwise provided by law.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 58, 70, eff. Oct. 1, 1991.



Section  25.2411.  Washington County.

Washington County has one statutory county court, the County Court at Law of Washington County.

Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.23(a), eff. Aug. 28, 1989.



Section  25.2412.  Washington 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 Washington 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 January, April, July, and October.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 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 not less than 65 percent of the amount appropriated by the state for the annual salary of each district judge. The salary shall be paid from the county treasury 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 the county judge.

(f)  A special judge for a county court at law with the same qualifications as the regular judge may be appointed or elected as provided by law for the appointment or election of a special county judge. If the 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 for family law cases and proceedings, and the county clerk serves as clerk for 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, in lieu of appointing an official court reporter, contract for the services of a court reporter under guidelines established by the commissioners court.

(i)  The jurisdiction and authority vested by law in county courts for the drawing, selection, service, and pay of jurors apply to a county court at law.

(j)  If a case or proceeding in which a county court at law has concurrent jurisdiction with a district court 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.

(k)  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.

(l)  Appeals in all cases from judgments and orders of the county court at law are to the court of appeals as provided for appeals from district and county courts. All cases appealed from the justice courts and other inferior courts in the county are to a county court at law, unless otherwise provided by law.

Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.23(a), eff. Aug. 28, 1989. Amended by Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.25, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 59, 70, eff. Oct. 1, 1991.



Section  25.2421.  Webb County.

(a) Webb County has the following statutory county courts:

(1)   the County Court at Law No. 1 of Webb County; and

(2)  the County Court at Law No. 2 of Webb County.

(b)  The county courts at law of Webb County sit in Laredo.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 23, Sec. 1, eff. Aug. 26, 1991.



Section  25.2422.  Webb 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 Webb County has concurrent jurisdiction with the district court in:

(1)  family law cases and proceedings;

(2)  cases and proceedings involving justiciable controversies and differences between spouses, or between parents, or between parent and child, or between any of these and third persons; and

(3)  proceedings to expunge a criminal arrest record under Chapter 55, Code of Criminal Procedure.

(b)  A county court at law has six terms of court beginning on the first Mondays in January, March, May, July, September, and November of each year. Each term continues until the court has disposed of its business, but a term may not continue past the beginning of the next term unless the court enters an order in the minutes extending the term for a specific cause.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(d)  A judge of a county court at law may not engage in the private practice of law.

(e)  A judge of a county court at law shall be paid an annual salary that is at least $20,000, but not more than the salary, including any supplements, paid to a district judge in the county. The salary shall be paid out of the county treasury by order of the commissioners court. A judge of a county court at law is entitled to receive 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 of a county court at law is disqualified to try a case pending in his 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 attorney of the 49th Judicial District serves as district attorney of a county court at law, except that the county attorney of Webb County prosecutes all juvenile, child welfare, mental health, and other civil cases in which the state is a party. The district clerk serves as clerk of a county court at law in the cases enumerated in Subsection (a)(2), and the county clerk serves as clerk of a county court at law in all other cases. The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve the court.

(h)  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 those matters of concurrent jurisdiction enumerated in Subsection (a)(2)(B) or (C) are governed by this section and the laws and rules pertaining to district courts, as well as county courts. If a case enumerated in Subsection (a)(2)(B) or (C) is tried before a jury, the jury shall be composed of 12 members.

(i)  The laws that govern the drawing, selection, service, and pay of jurors for county courts apply to a county court at law.

(j)  Jurors regularly impaneled for a week by the district court or courts may, on request of either the county judge or the judge of a county court at law, be made available and shall serve for the week in either the county court or county court at law.

(k)  A meeting of district judges in Webb County held under Section 62.016(a) to determine the number of prospective jurors that are necessary for each week of the year may include the county court at law judges. The judges may designate a county court at law judge to be the judge to whom the general jury panels report for jury service under Section 62.016(c).

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.11(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 944, Sec. 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.26, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 60, 70, eff. Oct. 1, 1991; Acts 1995, 74th Leg., ch. 105, Sec. 1, eff. Aug. 28, 1995.



Section  25.2451.  Wichita County.

Wichita County has the following statutory county courts:

(1)  County Court at Law No. 1 of Wichita County; and

(2)  County Court at Law No. 2 of Wichita County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.24(a), eff. Aug. 28, 1989.



Section  25.2452.  Wichita County Court At Law Provisions.

(a) In addition to the jurisdiction provided by Section 25.0003 and other law, including the general jurisdiction provided for a county court at law by the Texas Probate Code, a county court at law in Wichita County has concurrent jurisdiction with the county court in:

(1)  appeals from municipal courts of record in Wichita County as provided by Subchapter D, Chapter 30;

(2)  misdemeanor cases; and

(3)  probate and mental health matters.

(b)  All misdemeanor cases, probate and mental health matters, and appeals from municipal courts of record shall be filed in the county court at law. A county court at law may transfer a case or an appeal described by this subsection to the county court with the consent of the county judge.

(c)  Except as provided by Section 25.0003 and Subsection (d), a county court at law has concurrent jurisdiction with the district court in:

(1)  family law cases and proceedings under the Family Code; and

(2)  civil cases.

(d)  A county court at law does not have jurisdiction of:

(1)  a case under:

(A)  the Alcoholic Beverage Code;

(B)  the Election Code; or

(C)  the Tax Code;

(2)  a matter over which the district court has exclusive jurisdiction; or

(3)  a civil case, other than a case under the Family Code or the Texas Probate Code, in which the amount in controversy is:

(A)  less than the maximum amount in controversy allowed the justice court in Wichita County; or

(B)  more than $100,000, exclusive of punitive or exemplary damages, penalties, interest, costs, and attorney's fees.

(e)  On the motion of any party, a county court at law may transfer a civil case originally filed in a county court at law that exceeds the maximum amount in controversy described by Subsection (d)(3)(B) to the district court in Wichita County, except that an announcement of ready for trial by all parties before a motion to transfer the case to the district court is filed confers original jurisdiction on the county court at law. A case that is transferred to the district court shall be completed under the same cause number and in the same manner as if the case were originally filed in the district court.

(f)  The judge of a county court at law may not engage in the private practice of law.

(g)  The judge of a county court at law shall be paid an annual salary that is $1,000 less than the total annual salary received by a district judge in the county. The salary shall be paid out of the county treasury by the commissioners court. The judge shall be paid in installments in the same manner as other county employees. The judge is also entitled to receive travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as the county judge.

(h)  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 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 must have the qualifications of the regular judge. A special judge is entitled to the same rate of compensation as the regular judge.

(i)  The district clerk of Wichita County serves as the clerk of the county courts at law in Wichita County in all civil cases except probate and mental health matters. The county clerk serves as clerk in cases involving criminal, probate, or mental health matters.

(j)  The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve the court.

(k)  Except as otherwise required by law, if a case is tried before a jury, the jury shall be composed of six members and may render verdicts by a five to one margin in civil cases and a unanimous verdict in criminal cases. The laws governing the drawing, selection, service, and pay of jurors for county courts apply to the county courts at law. Jurors regularly impaneled for a week by a district court may, on request of the county judge exercising the jurisdiction provided by this section or a county court at law judge, be made available and shall serve for the week in the county court or county court at law.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.24(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.27, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 61, 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 165, Sec. 7.28, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 687, Sec. 1, eff. Sept. 1, 2001.



Section  25.2461.  Wilbarger County.

Wilbarger County has one statutory county court, the County Court at Law of Wilbarger County.

Added by Acts 1993, 73rd Leg., ch. 681, Sec. 1, eff. Aug. 30, 1993.



Section  25.2462.  Wilbarger 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 Wilbarger County has concurrent jurisdiction with the district court in family law cases and proceedings.

(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 deny the right of appeal to a county court at law from a justice court in cases in which the right of appeal to the county court exists.

(c)  The judge of a county court at law may not engage in the private practice of law.

(d)  If the regular judge of a county court at law is absent, disabled, or disqualified from presiding, the presiding judge of the administrative judicial region in which the county is located may appoint a person licensed to practice law in this state to sit as a special judge.

(e)  The special judge must have the same qualifications as the regular judge, except that the only residency requirement for a person who is a retired district court or county court at law judge is that the retired judge reside in the administrative judicial region.

(f)  A special judge must take the oath of office required by law of the regular judge. A special judge has all the powers and jurisdiction of the court and of the regular judge. A special judge may sign orders, decrees, judgments, or other process as "Judge Presiding" when acting for the regular judge.

(g)  A special judge is entitled to receive for services actually performed the same amount of compensation that the regular judge receives for the services. The compensation shall be paid out of county funds on certification by the presiding judge of the administrative judicial region that the special judge has rendered the services and is entitled to receive the compensation. The amount paid to a special judge may not be deducted or paid out of the salary of the regular judge.

(h)  The county attorney and the county sheriff shall attend a county court at law as required by the judge. 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.

(i)  The judge of a county court at law may appoint a court coordinator or administrative assistant. 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.

(j)  The commissioners court shall provide the deputy clerks, bailiffs, and other personnel necessary to operate a county court at law.

(k)  A jury in a county court at law shall be composed of six members.

Added by Acts 1993, 73rd Leg., ch. 681, Sec. 2, eff. Aug. 30, 1993.



Section 25.2481.  Williamson County.

Williamson County has the following statutory county courts:

(1)  County Court at Law No. 1 of Williamson County;

(2)  County Court at Law No. 2 of Williamson County;

(3)  County Court at Law No. 3 of Williamson County; and

(4)  County Court at Law No. 4 of Williamson County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.25(a), eff. Aug. 28, 1989; Acts 1999, 76th Leg., ch. 55, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 100, Sec. 1, eff. September 1, 2005.



Section  25.2482.  Williamson 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 Williamson County has concurrent jurisdiction with the district court in family law cases and proceedings.

(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 deny the right of appeal to a county court at law from a justice court in cases in which the right of appeal to the county court exists.

(c)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(d)  The judge of a county court at law may not engage in the private practice of law.

(e)  If the regular judge of a county court at law is absent, disabled, or disqualified from presiding, the presiding judge of the administrative judicial region in which the county is located may appoint a person licensed to practice law in this state to sit as a special judge.

(f)  The special judge must have the same qualifications as the regular judge, except that the only residency requirement for a person who is a retired district court or county court at law judge is that the retired judge reside in the administrative judicial region.

(g)  A special judge must take the oath of office required by law of the regular judge. A special judge has all the powers and jurisdiction of the court and of the regular judge. A special judge may sign orders, decrees, judgments, or other process as "Judge Presiding" when acting for the regular judge.

(h)  A special judge is entitled to receive for services actually performed the same amount of compensation that the regular judge receives for the services. The compensation shall be paid out of county funds on certification by the presiding judge of the administrative judicial region that the special judge has rendered the services and is entitled to receive the compensation. The amount paid to a special judge may not be deducted or paid out of the salary of the regular judge.

(i)  The county attorney and the county sheriff shall attend a county court at law as required by the judge. 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.

(j)  The judge of a county court at law may appoint a court coordinator or administrative assistant. 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.

(k)  The commissioners court shall provide the deputy clerks, bailiffs, and other personnel necessary to operate a county court at law.

(l)  A jury in a county court at law shall be composed of six members.

(m)  Sections 25.0006 and 25.0008 do not apply to a county court at law in Williamson County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 27, Sec. 2, eff. Oct. 20, 1987; Acts 1989, 71st Leg., ch. 2, Sec. 8.25(b), 8.44(11), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.28, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 62, 70, eff. Oct. 1, 1991.



Section  25.2511.  Wise County.

(a) Wise County has one statutory county court, the County Court at Law of Wise County.

(b)  The County Court at Law of Wise County sits in Decatur.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.



Section  25.2512.  Wise County Court At Law Provisions.  

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Text of subsec. (a) as amended by Acts 1991, 72nd Leg., ch. 518, Sec. 1

 

(a)  In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law in Wise 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)  eminent domain cases;

(B)  civil cases in which the amount in controversy exceeds $500, but does not exceed $100,000, excluding interest and attorney's fees; and

(C)  family law cases and proceedings.

 

Text of subsec. (a) as amended by Acts 1991, 72nd Leg., ch. 746, Sec. 63

 

(a)  In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law in Wise County has concurrent jurisdiction with the district court in:

(1)  eminent domain cases; and

(2)  family law cases and proceedings.

(b)  A county court at law has one term of court beginning on January 1.

(c)  Repealed as subsec. (d) by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(d)  The judge of a county court at law shall be paid an annual salary in an amount that is not more than 90 percent of the salary paid by the state out of the general revenue fund to a district judge in the county. The salary shall be paid out of the county treasury on orders from the commissioners court. The judge is also entitled to reasonable travel expenses and necessary office expenses, including administrative and clerical assistance.

(e)  A special judge of a county court at law with the same qualifications as the regular judge may be appointed in the manner provided by law for the appointment of a special county judge. A special judge is entitled to the same rate of compensation as the regular judge.

(f)  The official court reporter of a county court at law is entitled to receive a salary set by the judge of the county court at law and paid out of the county treasury on order of the commissioners court. The salary may not exceed the amount paid the official court reporter of a district court in Wise County.

(g)  The district clerk serves as clerk of a county court at law for family law cases and proceedings, and the county clerk serves as clerk for 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 the judge of a county court at law, be made available and shall serve for the week in a county court at law.

(j)  Repealed by Acts 2001, 77th Leg., ch. 1420, Sec. 9.001.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 27, Sec. 1, eff. Oct. 20, 1987; Acts 1991, 72nd Leg., ch. 518, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 63, 70, eff. Oct. 1, 1991; Acts 2001, 77th Leg., ch. 1420, Sec. 9.001, eff. Sept. 1, 2001.



Subchapter D. Multicounty Statutory County Courts

Section  25.2601.  A

PPLICATION OF

Subchapter

. (a) This subchapter applies only to statutory county courts composed of more than one county.

(b)  Except for Sections 25.0009, 25.0010(b), and 25.0011, Subchapter A applies to a statutory county court composed of more than one county.

Added by Acts 1991, 72nd Leg., ch. 746, Sec. 64, eff. Oct. 1, 1991.



Section  25.2602.  Judge. (

a) The judge is elected by the qualified voters of the counties at the election at which other statutory county court judges are elected.

(b)  The judge must be:

(1)  at least 25 years of age;

(2)  a resident of one of the counties; and

(3)  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.

(c)  The judge is entitled to be paid an annual salary set by a vote of a majority of the total number of county judges and commissioners of the commissioners courts of the counties. The salary shall be apportioned among the counties according to the ratio a county's population bears to the total population of the counties comprising the court.

Added by Acts 1991, 72nd Leg., ch. 746, Sec. 64, eff. Oct. 1, 1991.



Section  25.2603.  Vacancy. (

a) A vacancy in the office of judge is filled by a joint appointment by the commissioners courts of the counties composing the court. An appointment must be approved by a vote of a majority of the total number of county judges and commissioners of the commissioners courts of the counties.

(b)  An 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 1991, 72nd Leg., ch. 746, Sec. 64, eff. Oct. 1, 1991.



Section  25.2604.  Personnel.

(a) The county clerk of a particular county serves as clerk in that county.

(b)  The prosecuting attorney representing the state in county court in a particular county serves as prosecutor in that county.

(c)  The sheriff and the other court officials in a county shall serve in the manner required by law for their offices and are entitled to the compensation, fees, and allowances prescribed by law for their offices.

Added by Acts 1991, 72nd Leg., ch. 746, Sec. 64, eff. Oct. 1, 1991.



Section  25.2605.  Seal.

The seal is the same as that provided by law for a county court except that the seal must contain the name of the court as designated by statute.

Added by Acts 1991, 72nd Leg., ch. 746, Sec. 64, eff. Oct. 1, 1991.



Section  25.2606.  General Law.

Unless this subchapter contains a conflicting provision, the general law relating to county courts and statutory county courts applies.

Added by Acts 1991, 72nd Leg., ch. 746, Sec. 64, eff. Oct. 1, 1991.



Subchapter E. Multicounty Statutory Probate Courts

Section  25.2651. 

 APPLICATION OF

Subchapter

. (a) This subchapter applies only to statutory probate courts composed of more than one county.

(b)  Except for Sections 25.0009, 25.0010(b), 25.0011, 25.0030(b), and 25.0031, Subchapters A and B apply to a statutory probate court composed of more than one county.

Added by Acts 1999, 76th Leg., ch. 409, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 426, Sec. 5, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 9.001(f), eff. Sept. 1, 2001.



Section  25.2652.  Judge.

(a) The judge is elected by the qualified voters of the counties at the election at which other statutory probate court judges are elected.

(b)  The judge must be:

(1)  at least 25 years of age;

(2)  a resident of one of the counties; and

(3)  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.

(c)  The judge is entitled to be paid an annual salary set by a vote of a majority of the total number of the county judges and commissioners of the commissioners courts of the counties. The salary shall be apportioned among the counties according to the ratio a county's population bears to the total population of the counties composing the court.

Added by Acts 1999, 76th Leg., ch. 409, Sec. 1, eff. Sept. 1, 1999.



Section  25.2653.  Vacancy.

(a) A vacancy in the office of judge is filled by a joint appointment by the commissioners courts of the counties composing the court. An appointment must be approved by a vote of a majority of the total number of the county judges and commissioners of the commissioners courts of the counties.

(b)  An 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 1999, 76th Leg., ch. 409, Sec. 1, eff. Sept. 1, 1999.



Section  25.2654.  Personnel.

(a) The county clerk of a particular county serves as clerk in that county.

(b)  The prosecuting attorney representing the state in a statutory probate court in a particular county serves as prosecutor in that county.

(c)  The sheriff and the other court officials in a county shall serve in the manner required by law for their offices and are entitled to the compensation, fees, and allowances prescribed by law for their offices.

Added by Acts 1999, 76th Leg., ch. 409, Sec. 1, eff. Sept. 1, 1999.



Section  25.2655.  Seal.

The seal is the same as that provided by law for a statutory probate court except that the seal must contain the name of the court as designated by statute.

Added by Acts 1999, 76th Leg., ch. 409, Sec. 1, eff. Sept. 1, 1999.



Section  25.2656.  General Law.

Unless this subchapter contains a conflicting provision, the general law relating to statutory probate courts applies.

Added by Acts 1999, 76th Leg., ch. 409, Sec. 1, eff. Sept. 1, 1999.


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