Texas § GV.25.1572 - MCLENNAN COUNTY COURT AT LAW PROVISIONS

§ GV.25.1572. MCLENNAN COUNTY COURT AT LAW PROVISIONS

MCLENNAN 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 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. (b) On request of a district judge presiding in McLennan County, the regional presiding judge may assign a judge of a county court at law in McLennan County to the requesting judge's court under Chapter 74 . A county court at law judge assigned to a district court may hear any matter pending in the requesting judge's court. (c) A county court at law does not have jurisdiction in: (1) suits on behalf of the state to recover penalties or escheated property; (2) misdemeanors involving official misconduct; or (3) contested elections. (d) A judge of a county court at law shall be paid a total annual salary set by the commissioners court in an amount not less than $1,000 less than the annual salary received by a district judge with equivalent years of service as a judge, as provided under Section 25.0005 , to be paid out of the county treasury by the commissioners court. (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 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. (f) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(63), eff. January 1, 2012. (g) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(63), eff. January 1, 2012. (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. 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 official court reporter of a county court at law is entitled to receive a salary set by the judge of a county court at law with the approval of the commissioners court. (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. Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79 ), Sec. 4.50(a)(63), eff. January 1, 2012. Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346 ), Sec. 4.10, eff. January 1, 2020. Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41 ), Sec. 2.09, eff. January 1, 2022. Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774 ), Sec. 2.06(b), eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474 ), Sec. 2.013, eff. September 1, 2023.