Texas Government Code
CHAPTER 25. STATUTORY COUNTY COURTSCode Resources
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GOVERNMENT CODE CHAPTER 25. STATUTORY COUNTY COURTS SUBCHAPTER A. GENERAL PROVISIONS § 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, § 4.01, eff. Sept. 1, 1987. § 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, § 4.01, eff. Sept. 1, 1987. § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 2, 3, eff. Oct. 1, 1991; Acts 1999, 76th Leg., ch. 431, § 2, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 265, § 6.002, eff. Sept. 1, 2005. § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 417, § 2, eff. Sept. 1, 2001. § 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 or a judge in whose court fees and costs under Sections 51.702(a) and (b) are not collected, shall be paid a total annual salary set by the commissioners court at an amount that is at least equal to the amount that is $1,000 less than the total annual salary received by a district judge in the county on August 31, 1999. 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 or in whose court fees and costs under Sections 51.702(a) and (b) are not collected. (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) A county is not required to meet the salary requirements of Subsection (a) for a particular court if: (1) not later than September 1 of the year in which the county initially begins collecting fees and costs under Sections 51.702(a) and (b), the county increases the salary of each statutory county court judge in the county to an amount that is at least $28,000 more than the salary the judge was entitled to on May 1 of the year the county initially begins collecting fees and costs under Sections 51.702(a) and (b); (2) the county pays at least the salary required by Subdivision (1); (3) the county collects the fees and costs as provided by Sections 51.702(a) and (b); (4) the court has at least the jurisdiction provided by Section 25.0003; and (5) except as provided by Subsection (f), the county uses at least 50 percent of the amount the county receives each state fiscal year under Section 25.0016 for salaries for the statutory county court judges. (f) Subsection (e)(5) does not require a county to pay a salary that exceeds the minimum salary under Subsection (a). (g) An exemption under Subsection (e) is not an exclusion for purposes of Section 25.0015(a)(3). Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 4, eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 144, § 1, eff. Aug. 30, 1993; Acts 1997, 75th Leg., ch. 80, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1119, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1572, § 1, eff. Oct. 1, 1999; Acts 2003, 78th Leg., ch. 616, § 1, eff. Sept. 1, 2003. § 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, § 4.01, eff. Sept. 1, 1987. § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 5, eff. Oct. 1, 1991. § 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, § 4.01, eff. Sept. 1, 1987. § 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, § 4.01, eff. Sept. 1, 1987. § 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, § 4.01, eff. Sept. 1, 1987. § 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, § 4.01, eff. Sept. 1, 1987. § 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, § 4.01, eff. Sept. 1, 1987. § 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, § 6, eff. Oct. 1, 1991. § 25.0015. 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 and costs under Sections 51.702(a) and (b) in an amount equal to $35,000 for each statutory county court judge in the county who: (1) does not engage in the private practice of law; (2) presides over a court with at least the jurisdiction provided by Section 25.0003; and (3) except as provided by Section 25.0005(d), is not excluded from the application of Section 25.0003 or Section 25.0005. (b) For a county that participates under Section 51.702(f) under a resolution adopted and filed with the comptroller before September 1, 2003, the amount shall be paid to the county's salary fund in equal monthly installments, and of each $35,000 paid a county, $30,000 shall be paid from funds appropriated from the judicial fund, and $5,000 shall be paid from funds appropriated from the general revenue fund. (c) For a county that participates under Section 51.702(f) under a resolution adopted or filed with the comptroller on or after September 1, 2003, the amount shall be paid to the county's salary fund in equal monthly installments from funds appropriated from the judicial fund. Added by Acts 1991, 72nd Leg., ch. 746, § 6, eff. Oct. 1, 1991. Amended by Acts 1997, 75th Leg., ch. 1119, § 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1572, § 3, eff. Oct. 1, 1999; Acts 2003, 78th Leg., ch. 616, § 2, eff. Sept. 1, 2003. § 25.0016. EXCESS CONTRIBUTIONS. (a) At the end of each state fiscal year the comptroller shall determine the amounts deposited in the judicial fund under Section 51.702 and the amounts paid to the counties under Section 25.0015. If the total amount paid under Section 51.702 by all counties exceeds the total amount paid to counties under Section 25.0015, the state shall remit the excess to the counties proportionately based on the percentage of the total paid by each county. (b) The amounts remitted under Subsection (a) shall be paid to the county's general fund to be used only for court-related purposes for the support of the judiciary as provided by Section 21.006. (c) In determining the amount deposited in the judicial fund under Section 51.702 for a county that collects fees and costs as provided by that section, the comptroller shall credit $40 of each fee deposited in the judicial fund under Section 51.701 by that county for cases assigned to a statutory county court as fees deposited under Section 51.702. Added by Acts 1991, 72nd Leg., ch. 746, § 6, eff. Oct. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 144, § 2, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 461, § 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 1119, § 3, eff. Sept. 1, 1997. § 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, § 3, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 782, § 4, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 960, § 1, eff. Sept. 1, 1999. § 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, § 3, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 782, § 4, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 960, § 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 469, § 1, eff. Sept. 1, 2001.SUBCHAPTER B. GENERAL PROVISIONS RELATING TO STATUTORY PROBATE COURTS § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 635, § 1, eff. Sept. 1, 2001. § 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, § 2, eff. Oct. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1443, § 1, eff. June 17, 2001. § 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 amounts paid to the counties under Section 25.00211. If the total amount paid under Section 51.704 by all counties exceeds the total amount paid to counties under Section 25.00211, the state shall remit the excess to the counties proportionately based on the percentage of the total paid by each county. (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, § 2, eff. Oct. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1263, § 7, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1443, § 2, eff. June 17, 2001. § 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. (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, § 3, eff. June 17, 2001. § 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; and (8) compare local rules of court to achieve uniformity of rules to the extent practical and consistent with local conditions. (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 salary and expenses are 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) A judge or a former or retired judge of a statutory probate court may be assigned to hold court in a statutory probate court, 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) a motion to recuse the judge of a statutory probate court has been filed; (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 5, 5A, 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; and (2) certify under oath to the presiding judge, on a form prescribed by the state board of regional judges, that the judge did not resign from office after having received notice that formal proceedings by the State Commission on Judicial Conduct had been instituted as provided in Section 33.022 and before the final disposition of the proceedings. (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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.03(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1101, § 1, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 691, § 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 298, § 1, 7, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1064, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1435, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 65, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 440, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 468, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 820, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, § 9.002, eff. Sept. 1, 2003. § 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, § 3, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 469, § 2, 3, eff. Sept. 1, 2001. § 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, § 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 64, § 1, eff. Sept. 1, 2001. Renumbered from V.T.C.A., Government Code § 25.00221 by Acts 2003, 78th Leg., ch. 1275, § 2(55), eff. Sept. 1, 2003. § 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) The salary shall be paid in equal monthly installments. Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 426, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, § 9.0025, eff. Sept. 1, 2003. § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 597, § 68, eff. Sept. 1, 1991; Acts 1999, 76th Leg., ch. 410, § 1, eff. Sept. 1, 1999. § 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, § 72, eff. Sept. 1, 1995. Added by Acts 1993, 73rd Leg., ch. 905, § 2, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 1039, § 72, eff. Sept. 1, 1995. § 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 himself; or (2) request that the presiding judge of the statutory probate courts assign a judge to hear the motion. (g) A judge who recuses himself: (1) shall enter an order of recusal and request that the presiding judge of the statutory probate courts assign a judge to hear the motion for recusal or disqualification; and (2) may not take other action in the case except for good cause stated in the order in which the action is taken. (h) A judge who does not recuse himself: (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 (g) or (h), the presiding judge of the statutory probate courts shall: (1) immediately set a hearing before himself or a judge designated by the presiding judge; (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. (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 or the judge assigned by the presiding judge to hear the motion for recusal may approve a motion for sanctions authorized by Rule 215.2(b), Texas Rules of Civil Procedure. Added by Acts 1997, 75th Leg., ch. 1435, § 2, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1420, § 9.0011, eff. Sept. 1, 2001. § 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, § 2, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, § 7, eff. Oct. 1, 1991. § 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, § 2, eff. Aug. 26, 1991. § 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, § 2, eff. Aug. 26, 1991. § 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, § 2, eff. Aug. 26, 1991. § 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, § 2, eff. Aug. 26, 1991.SUBCHAPTER C. PROVISIONS RELATING TO PARTICULAR COUNTIES § 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, § 4.01, eff. Sept. 1, 1987. Renumbered from V.T.C.A., Government Code § 25.0031 by Acts 2001, 77th Leg., ch. 1420, § 9.001(c), eff. Sept. 1, 2001. § 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, § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1987, 70th Leg., 2nd C.S. ch. 38, § 3, eff. Oct. 20, 1987; Acts 1989, 71st Leg., ch. 2, § 8.04(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.02, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 9, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 525, § 1, eff. May 31, 1997. Renumbered from V.T.C.A., Government Code § 25.0032 by Acts 2001, 77th Leg., ch. 1420, § 9.001(c). § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 614, § 1, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, § 10(a), eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 745, § 1, eff. Aug. 30, 1993. § 25.0052. ANGELINA COUNTY COURT AT LAW PROVISIONS.Text of subsec. (a) as amended by Acts 1991, 72nd Leg., ch. 614, § 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, § 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, § 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, § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 614, § 2, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, § 10(b), eff. Oct. 1, 1991. § 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, § 1, eff. June 13, 2001. § 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, § 1, eff. June 13, 2001. Amended by Acts 2003, 78th Leg., ch. 998, § 1, eff. Sept. 1, 2003. § 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, § 4.01, eff. Sept. 1, 1987. § 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, § 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, § 1, eff. June 14, 1989. Added by Acts 1987, 70th Leg., ch. 148, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 861, § 1, eff. June 14, 1989; Acts 1991, 72nd Leg., ch. 746, § 11, eff. Oct. 1, 1991. § 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, § 4.01, eff. Sept. 1, 1987. § 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, § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 12, 70, eff. Oct. 1, 1991. § 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, § 1, eff. Aug. 28, 1995. § 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, § 1, eff. Aug. 28, 1995. § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 366, § 1, eff. Aug. 28, 1995. § 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, § 70, eff. Oct. 1, 1991. (d) Repealed by Acts 1991, 72nd Leg., ch. 746, § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1995, 74th Leg., ch. 366, § 2, eff. Aug. 28, 1995. § 25.0171. BEXAR COUNTY. (a) Repealed by Acts 1999, 76th Leg., ch. 42, § 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; and (12) County Court at Law No. 12 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 410, § 1, eff. Sept. 1, 1989; Acts 1999, 76th Leg., ch. 42, § 1, 4, eff. Sept. 1, 1999. § 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. (d) The County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 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, § 70, eff. Oct. 1, 1991. (f) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (g) Repealed by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. (h) Repealed by Acts 1991, 72nd Leg., ch. 746, § 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, or 12 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, or 12 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, or 12 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, and 12 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, and 12 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, and 12 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.05(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 410, § 2, 3, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1066, § 1, eff. June 14, 1989; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1999, 76th Leg., ch. 42, § 2, eff. Sept. 1, 1999. § 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, § 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) A bond is not required of a judge of a statutory probate court. (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, § 4, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 410, § 4, 5, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 394, § 4, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1999, 76th Leg., ch. 42, § 3, 4, eff. Sept. 1, 1999. § 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, § 1, eff. Jan. 1, 2001. § 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, § 1, eff. Jan. 1, 2001. § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 2005, 79th Leg., ch. 229, § 1, eff. Sept. 1, 2005. § 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, § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., 2nd C.S., ch. 1, § 15.03, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 394, § 4, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 726, § 1, 2, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 746, § 13, eff. Oct. 1, 1991; Acts 2005, 79th Leg., ch. 265, § 6.003, eff. Sept. 1, 2005. § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.06(a), eff. Aug. 28, 1989. § 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, § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 14, 70, eff. Oct. 1, 1991. § 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, § 1, eff. Aug. 27, 2001. § 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, § 1, eff. Aug. 27, 2001. § 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, § 1, eff. Sept. 1, 1997. § 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 or in whose court fees and costs under Sections 51.702(a) and (b) are not collected. (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, § 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 582, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 616, § 3, eff. Sept. 1, 2003. § 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, § 4.01, eff. Sept. 1, 1987. § 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, § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 15, 70, eff. Oct. 1, 1991. § 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, § 4.01, eff. Sept. 1, 1987. § 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, § 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, § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.07(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1134, § 1 to 8, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991. § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1444, § 1, eff. Sept. 1, 1997. § 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, § 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, § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 688, § 1, eff. June 16, 1991; Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 1444, § 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 777, § 1, eff. Sept. 1, 1999. § 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, § 1, eff. May 3, 2005. § 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) The clerk of a county court at law in Cass County shall collect the additional fees and costs required under Section 51.702. (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, § 1, eff. May 3, 2005. § 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, § 4.01, eff. Sept. 1, 1987. § 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, § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 16, 70, eff. Oct. 1, 1991. § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 504, § 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 45, § 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 692, § 1, eff. Jan. 1, 2003; Acts 2003, 78th Leg., ch. 377, § 1(a), eff. Jan. 1, 2005. § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 70, eff. Oct. 1, 1991; Acts 1995, 74th Leg., ch. 504, § 2, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 692, § 2, eff. Sept. 1, 2001. § 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, § 3, eff. Sept. 1, 2001. § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 377, § 2(a), eff. Sept. 1, 2003. § 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, § 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, § 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, § 17, 70, eff. Oct. 1, 1991. § 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, § 1, eff. Dec. 1, 2001. § 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, § 1, eff. Dec. 1, 2001. § 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, § 4.01, eff. Sept. 1, 1987. § 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, § 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 Sectio