Bill Text: TX HB5378 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the jurisdiction and operation of the county courts at law in McLennan County.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-04-17 - Referred to Judiciary & Civil Jurisprudence [HB5378 Detail]

Download: Texas-2023-HB5378-Introduced.html

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88R12484 AMF-F
By: Anderson H.B. No. 5378

A BILL TO BE ENTITLED
AN ACT
relating to the jurisdiction and operation of the county courts at
law in McLennan County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 25.1572(a), (d), and (e), Government
Code, are amended to read as follows:
(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 McLennan County has:
(1) concurrent jurisdiction with the district courts
in state jail, third degree, and second degree felony cases and
family law cases on assignment from a district judge presiding in
McLennan County and acceptance of the assignment by the judge of the
county court at law to:
(A) conduct arraignments;
(B) conduct pretrial hearings;
(C) accept guilty pleas and conduct sentencing;
(D) conduct jury trials and nonjury trials;
(E) conduct probation revocation hearings;
(F) conduct post-trial proceedings; and
(G) conduct family law cases and proceedings; and
(2) jurisdiction in:
(A) Class A and Class B misdemeanor cases;
(B) probate proceedings;
(C) eminent domain;
(D) appeals from the justice and municipal
courts; and
(E) 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 [to conduct arraignments, conduct
pretrial hearings, accept guilty pleas, and conduct probation
revocation hearings in felony cases].
(d) A judge of a county court at law shall be paid a total
[an] annual [base] salary set by the commissioners court in an
amount not less than $1,000 less than the annual [base] salary
received by [the state pays to] a district judge [as set by the
General Appropriations Act in accordance with Section 659.012] with
equivalent years of service as a [the] judge, as provided under
Section 25.0005, to be paid out of the county treasury by the
commissioners court. [A county court at law judge's and a district
judge's annual base salaries do not include contributions and
supplements paid by the county.]
(e) The district clerk serves as clerk of a county court at
law in cases instituted in the district courts in which the county
courts at law have [matters of] concurrent jurisdiction with the
district court. The county clerk serves as the clerk of a county
court at law in all other matters. Each clerk shall establish a
separate docket for a county court at law.
SECTION 2. This Act takes effect September 1, 2023.