CHAPTER 25. STATUTORY COUNTY COURTS
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE A. COURTS
CHAPTER 25. STATUTORY COUNTY COURTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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).
Sec. 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.
Sec. 25.0052. ANGELINA COUNTY COURT AT LAW PROVISIONS.
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, e