AUSTIN COUNTY STATUTORY COURT PROVISIONS

 

Sec. 25.0101.* Austin County

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

Sec. 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:

(1) civil cases in which the amount in controversy exceeds $500 and does not exceed $50,000, excluding interest and any requested attorney's fees; and

(2) 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) The judge of a county court at law must:

(1) be a licensed attorney in this state who has actively practiced law for at least four years before appointment or election;

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

(3) have resided in and actively practiced law in the county for at least two years immediately preceding appointment or election.

(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) The County Court at Law of Austin County is abolished and Section 25.0101 and this section expire December 31, 1991.

*All code references are to the Government Code

Sec. 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.

(See main volume for (b))

(c) Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff.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

(See main volume for (d) to (i))

(j) Repealed by Acts 1989, 71st Leg., ch.861, Sec. 1, eff. June 14, 1989.

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