CHAPTER 25. STATUTORY COUNTY COURTS

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GOVERNMENT CODE

TITLE 2. JUDICIAL BRANCH

SUBTITLE A. COURTS

CHAPTER 25. STATUTORY COUNTY COURTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 25.0001. APPLICATION OF SUBCHAPTER. (a) This subchapter

applies to each statutory county court in this state. If a

provision of this subchapter conflicts with a specific provision

for a particular court or county, the specific provision

controls.

(b) A statement in Subchapter C that a general provision of this

subchapter does not apply to a specific statutory court or the

statutory courts of a specific county does not affect the

application of other laws on the same subject that may affect the

court or courts.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1,

1987.

Sec. 25.0002. DEFINITION. In this chapter, "family law cases

and proceedings" includes cases and proceedings involving

adoptions, birth records, or removal of disability of minority or

coverture; change of names of persons; child welfare, custody,

support and reciprocal support, dependency, neglect, or

delinquency; paternity; termination of parental rights; divorce

and marriage annulment, including the adjustment of property

rights, custody and support of minor children involved therein,

temporary support pending final hearing, and every other matter

incident to divorce or annulment proceedings; independent actions

involving child support, custody of minors, and wife or child

desertion; and independent actions involving controversies

between parent and child, between parents, and between spouses.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1,

1987.

Sec. 25.0003. JURISDICTION. (a) A statutory county court has

jurisdiction over all causes and proceedings, civil and criminal,

original and appellate, prescribed by law for county courts.

(b) A statutory county court does not have jurisdiction over

causes and proceedings concerning roads, bridges, and public

highways and the general administration of county business that

is within the jurisdiction of the commissioners court of each

county.

statutory county court exercising civil jurisdiction concurrent

with the constitutional jurisdiction of the county court has

concurrent jurisdiction with the district court in:

(1) civil cases in which the matter in controversy exceeds $500

but does not exceed $100,000, excluding interest, statutory or

punitive damages and penalties, and attorney's fees and costs, as

alleged on the face of the petition; and

(2) appeals of final rulings and decisions of the division of

workers' compensation of the Texas Department of Insurance

regarding workers' compensation claims, regardless of the amount

in controversy.

(d) Except as provided by Subsection (e), a statutory county

court has, concurrent with the county court, the probate

jurisdiction provided by general law for county courts.

(e) In a county that has a statutory probate court, a statutory

probate court is the only county court created by statute with

probate jurisdiction.

(f) A statutory county court does not have the jurisdiction of a

statutory probate court granted statutory probate courts by the

Texas Probate Code.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1,

1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 2, 3, eff.

Oct. 1, 1991; Acts 1999, 76th Leg., ch. 431, Sec. 2, eff. Sept.

1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

265, Sec. 6.002, eff. September 1, 2005.

Sec. 25.0004. POWERS AND DUTIES. (a) A statutory county court

or its judge may issue writs of injunction, mandamus,

sequestration, attachment, garnishment, certiorari, supersedeas,

and all writs necessary for the enforcement of the jurisdiction

of the court. It may issue writs of habeas corpus in cases where

the offense charged is within the jurisdiction of the court or

any court of inferior jurisdiction in the county.

(b) A statutory county court or its judge may punish for

contempt as prescribed by general law.

duties, immunities, and privileges provided by law for county

court judges.

(d) Except as provided by Subsection (e), the judge of a

statutory county court has no authority over the county's

administrative business that is performed by the county judge.

(e) The judge of a statutory county court may be delegated

authority to hear an application under Section 25.052, 26.07, or

61.312, Alcoholic Beverage Code.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1,

1987. Amended by Acts 2001, 77th Leg., ch. 417, Sec. 2, eff.

Sept. 1, 2001.

Sec. 25.0005. JUDGE'S SALARY. (a) A statutory county court

judge, other than a statutory county court judge who engages in

the private practice of law, shall be paid a total annual salary

set by the commissioners court at an amount that is not less than

$1,000 less than the total annual salary received by a district

judge in the county. A district judge's or statutory county

court judge's total annual salary includes contributions and

supplements, paid by the state or a county, other than

contributions received as compensation under Section 74.051.

(b) Subject to any salary requirements otherwise imposed by this

chapter for a particular court or county, the commissioners court

sets the salary of each statutory county court judge who engages

in the private practice of law.

(d) Notwithstanding Section 25.0001(a), this section prevails

over any other law that limits a particular statutory county

court judge to an annual salary of less than the amount provided

by Subsection (a), but does not affect a salary minimum set by

other law that equals or exceeds the amount provided by

Subsection (a).

(e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1301, Sec.

13(1), eff. October 1, 2007.

(f) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1301, Sec.

13(1), eff. October 1, 2007.

(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1301, Sec.

13(1), eff. October 1, 2007.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1,

1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 4, eff. Oct.

1, 1991; Acts 1993, 73rd Leg., ch. 144, Sec. 1, eff. Aug. 30,

1993; Acts 1997, 75th Leg., ch. 80, Sec. 1, eff. Sept. 1, 1997;

Acts 1997, 75th Leg., ch. 1119, Sec. 1, eff. Sept. 1, 1997; Acts

1999, 76th Leg., ch. 1572, Sec. 1, eff. Oct. 1, 1999; Acts 2003,

78th Leg., ch. 616, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1301, Sec. 1, eff. October 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1301, Sec. 13(1), eff. October 1, 2007.

Sec. 25.0006. BOND; REMOVAL. (a) The judge of a statutory

county court must execute a bond as prescribed by law for county

judges.

(b) The judge of a statutory county court may be removed from

office in the same manner and for the same reasons as a county

judge.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1,

1987.

Sec. 25.0007. JURIES; PRACTICE AND PROCEDURE. The drawing of

jury panels, selection of jurors, and practice in the statutory

county courts must conform to that prescribed by law for county

courts, except that practice, procedure, rules of evidence,

issuance of process and writs, and all other matters pertaining

to the conduct of trials and hearings in the statutory county

courts, other than the number of jurors, that involve those

matters of concurrent jurisdiction with district courts are

governed by the laws and rules pertaining to district courts.

This section does not affect local rules of administration

adopted under Section 74.093.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1,

1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 5, eff. Oct.

1, 1991.

Sec. 25.0008. FEES. A judge of a statutory county court shall

assess the same fees as are prescribed by law relating to county

judges' fees. The clerk of the court shall collect the fees and

pay them into the county treasury on collection. A fee may not be

paid to the judge.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1,

1987.

Sec. 25.0009. VACANCY. (a) The commissioners court of each

county shall appoint a person to fill a vacancy in the office of

judge of a statutory county court.

(b) The appointee holds office until the next general election

and until the successor is elected and has qualified.

the office of judge.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1,

1987.

Sec. 25.0010. FACILITIES; PERSONNEL. (a) The commissioners

court of each county shall provide the physical facilities

necessary to operate the statutory county court in each county.

(b) The county attorney or criminal district attorney and

sheriff shall serve each statutory county court. The county clerk

shall serve as clerk of each statutory county court. The court

officials shall perform the duties and responsibilities of their

offices and are entitled to the compensation, fees, and

allowances prescribed by law for those offices.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1,

1987.

Sec. 25.0011. SEAL. The seal of each statutory county court is

the same as that provided by law for a county court except that

the seal must contain the name of the statutory county court as

it appears in this chapter.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1,

1987.

Sec. 25.0012. EXCHANGE OF JUDGES IN CERTAIN COUNTY COURTS AT LAW

AND COUNTY CRIMINAL COURTS. In any county with a population of

more than 300,000, the judge of a county criminal court and the

judge of a county court at law may hold court for or with one

another. The county criminal court has the necessary civil

jurisdiction to hold court for the county court at law.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1,

1987.

Sec. 25.0014. QUALIFICATIONS OF JUDGE. The judge of a statutory

county court must:

(1) be at least 25 years of age;

(2) have resided in the county for at least two years before

election or appointment; and

(3) be a licensed attorney in this state who has practiced law

or served as a judge of a court in this state, or both combined,

for the four years preceding election or appointment, unless

otherwise provided for by law.

Added by Acts 1991, 72nd Leg., ch. 746, Sec. 6, eff. Oct. 1,

1991.

Sec. 25.0015. STATE CONTRIBUTION. (a) Beginning on the first

day of the state fiscal year, the state shall annually compensate

each county in an amount equal to 60 percent of the state salary

of a district court judge in the county for each statutory county

court judge in the county who:

(1) does not engage in the private practice of law; and

(2) presides over a court with at least the jurisdiction

provided by Section 25.0003.

(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1301, Sec.

13(2), eff. October 1, 2007.

Added by Acts 1991, 72nd Leg., ch. 746, Sec. 6, eff. Oct. 1,

1991. Amended by Acts 1997, 75th Leg., ch. 1119, Sec. 2, eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1572, Sec. 3, eff. Oct.

1, 1999; Acts 2003, 78th Leg., ch. 616, Sec. 2, eff. Sept. 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1301, Sec. 2, eff. October 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1301, Sec. 13(2), eff. October 1, 2007.

Sec. 25.0017. VISITING JUDGE TO TAKE OATH. (a) A person who is

a retired or former judge shall, before accepting an assignment

as a visiting judge of a statutory county court, take the oath of

office required by the constitution and file the oath with the

regional presiding judge.

(b) A regional presiding judge shall maintain a file containing

the oaths of office filed with the judge under Subsection (a).

judge of a statutory county court only if the judge has filed

with the regional presiding judge an oath of office as required

by this section.

Added by Acts 1995, 74th Leg., ch. 456, Sec. 3, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 782, Sec. 4, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 960, Sec. 1, eff. Sept. 1,

1999.

Sec. 25.0018. RECORD. (a) When a retired or former judge is

appointed as a visiting judge, the clerk shall enter in the

administrative file as a part of the proceedings in the cause a

record that gives the visiting judge's name and shows that:

(1) the judge of the court was disqualified, absent, or disabled

to try the cause;

(2) the visiting judge was appointed; and

(3) the oath of office prescribed by law for a retired or former

judge who is appointed as a visiting judge was duly administered

to the visiting judge and filed with the regional presiding

judge.

(b) "Administrative file" means a file kept by the court clerk

for the court's administrative orders and assigned a cause

number.

Added by Acts 1995, 74th Leg., ch. 456, Sec. 3, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 782, Sec. 4, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 960, Sec. 2, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 469, Sec. 1, eff. Sept. 1, 2001.

Sec. 25.0019. LOCATION OF PROCEEDINGS FOLLOWING CERTAIN

DISASTERS. (a) In this section, "first tier coastal county" and

"second tier coastal county" have the meanings assigned by

Section 2210.003, Insurance Code.

(b) Notwithstanding any other law, including a specific

provision in this chapter for a particular court or county that

requires a statutory county court to conduct its proceedings at

the county seat, if a disaster, as defined by Section 418.004,

occurs in a first tier coastal county or a second tier coastal

county that precludes a statutory county court in that county

from conducting its proceedings at the county seat, the presiding

judge of the administrative judicial region, with the approval of

the judge of the affected statutory county court, may designate

an alternate location in the county at which the court may

conduct its proceedings.

Added by Acts 2007, 80th Leg., R.S., Ch.

1076, Sec. 2, eff. June 15, 2007.

Sec. 25.0020. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS. (a)

On a written application of any party to an eviction suit, the

county court or county court at law in which an appeal of the

suit is filed may appoint any qualified attorney who is willing

to provide pro bono services in the matter or counsel from a list

provided by a pro bono legal services program of counsel willing

to be appointed to handle appeals under this section to attend to

the cause of a party who:

(1) was in possession of the residence at the time the eviction

suit was filed in the justice court; and

(2) has perfected the appeal on a pauper's affidavit approved in

accordance with Rule 749a, Texas Rules of Civil Procedure.

(b) The appointed counsel shall represent the individual in the

proceedings of the suit in the county court or county court at

law. At the conclusion of those proceedings, the appointment

terminates.

section for cause.

(d) Appointed counsel may not receive attorney's fees unless the

recovery of attorney's fees is provided for by contract, statute,

common law, court rules, or other regulations. The county is not

responsible for payment of attorney's fees to appointed counsel.

(e) The court shall provide for a method of service of written

notice on the parties to an eviction suit of the right to request

an appointment of counsel on perfection of appeal on approval of

a pauper's affidavit.

Added by Acts 2009, 81st Leg., R.S., Ch.

1183, Sec. 6, eff. September 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch.

1351, Sec. 4, eff. September 1, 2009.

SUBCHAPTER B. GENERAL PROVISIONS RELATING TO STATUTORY PROBATE

COURTS

Sec. 25.0021. JURISDICTION. (a) If this section conflicts with

a specific provision for a particular statutory probate court or

county, the specific provision controls, except that this section

controls over a specific provision for a particular court or

county if the specific provision attempts to create jurisdiction

in a statutory probate court other than jurisdiction over

probate, guardianship, mental health, or eminent domain

proceedings.

(b) A statutory probate court as that term is defined in Section

3(ii), Texas Probate Code, has:

(1) the general jurisdiction of a probate court as provided by

the Texas Probate Code; and

(2) the jurisdiction provided by law for a county court to hear

and determine actions, cases, matters, or proceedings instituted

under:

(A) Section 166.046, 192.027, 193.007, 552.015, 552.019,

711.004, or 714.003, Health and Safety Code;

(B) Chapter 462, Health and Safety Code; or

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1,

1987. Amended by Acts 2001, 77th Leg., ch. 635, Sec. 1, eff.

Sept. 1, 2001.

Sec. 25.00211. STATE CONTRIBUTION. (a) Beginning on the first

day of the state fiscal year, the state shall annually compensate

each county that collects the additional fees under Section

51.704 in an amount equal to $40,000 for each statutory probate

court judge in the county.

(b) The amount shall be paid to the county treasury for deposit

in the contributions fund created under Section 25.00213 in equal

monthly installments from funds appropriated from the judicial

fund.

Added by Acts 1999, 76th Leg., ch. 1572, Sec. 2, eff. Oct. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1443, Sec. 1, eff.

June 17, 2001.

Sec. 25.00212. EXCESS CONTRIBUTIONS. (a) At the end of each

state fiscal year, the comptroller shall determine the amounts

deposited in the judicial fund under Section 51.704 and the sum

of the amount paid under Section 25.0022(e) and the total amounts

paid to the counties under Section 25.00211. If the total amount

deposited under Section 51.704 by all counties exceeds that sum,

the state shall remit the excess proportionately to each county

that deposited a greater amount in the judicial fund under

Section 51.704 than the amount the county was paid under Section

25.00211, as adjusted in an equitable manner to reflect the

differences in the total amounts paid to the counties under

Section 25.00211.

(b) The amounts remitted under Subsection (a) shall be paid to

the county treasury for deposit in the contributions fund created

under Section 25.00213.

Added by Acts 1999, 76th Leg., ch. 1572, Sec. 2, eff. Oct. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1263, Sec. 7, eff.

Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1443, Sec. 2, eff. June

17, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

718, Sec. 1, eff. September 1, 2007.

Sec. 25.00213. CONTRIBUTIONS FUND. (a) A contributions fund is

created in the county treasury of each county that collects the

additional fees under Section 51.704.

(b) Money in a contributions fund created under this section may

be used only for court-related purposes for the support of the

statutory probate courts in the county, including for the payment

of the compensation of a statutory probate court associate judge

in accordance with Section 54.605.

support of the statutory probate courts in the county because of

the availability of funds from the county's contributions fund.

Added by Acts 2001, 77th Leg., ch. 1443, Sec. 3, eff. June 17,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

400, Sec. 1, eff. June 15, 2007.

Sec. 25.0022. ADMINISTRATION OF STATUTORY PROBATE COURTS. (a)

"Statutory probate court" has the meaning assigned by Section 3,

Texas Probate Code.

(b) The judges of the statutory probate courts shall elect from

their number a presiding judge of the statutory probate courts.

The presiding judge serves a four-year term from the date of

qualification as the presiding judge.

out this section and to improve the management of the statutory

probate courts and the administration of justice.

(d) The presiding judge shall:

(1) ensure the promulgation of local rules of administration in

accordance with policies and guidelines set by the supreme court;

(2) advise local statutory probate court judges on case flow

management practices and auxiliary court services;

(3) perform a duty of a local administrative statutory probate

court judge if the local administrative judge does not perform

that duty;

(4) appoint an assistant presiding judge of the statutory

probate courts;

(5) call and preside over annual meetings of the judges of the

statutory probate courts at a time and place in the state as

designated by the presiding judge;

(6) call and convene other meetings of the judges of the

statutory probate courts as considered necessary by the presiding

judge to promote the orderly and efficient administration of

justice in the statutory probate courts;

(7) study available statistics reflecting the condition of the

dockets of the probate courts in the state to determine the need

for the assignment of judges under this section;

(8) compare local rules of court to achieve uniformity of rules

to the extent practical and consistent with local conditions; and

(9) assign a judge or former or retired judge of a statutory

probate court to hear a case under the circumstances described by

Section 25.002201(b).

(e) In addition to all other compensation, expenses, and

perquisites authorized by law, the presiding judge shall be paid

for performing the duties of a presiding judge an annual salary

equal to the maximum salary authorized by Section 74.051(b) for a

presiding judge of an administrative judicial region. The

presiding judge is entitled to receive reasonable expenses

incurred in administering those duties. The state shall pay

$5,000 of the salary in equal monthly installments from amounts

deposited in the judicial fund under Section 51.704 and

appropriated for that purpose, and the remainder of the salary

and expenses is paid by the counties that have statutory probate

courts, apportioned according to the number of statutory probate

courts in the county.

(f) Each county pays annually to the presiding judge, from fees

collected pursuant to Section 118.052(2)(A)(vi), Local Government

Code, the amount of the salary apportioned to it as provided by

this section and the other expenses authorized by this section.

The presiding judge shall place each county's payment of salary

and other expenses in an administrative fund, from which the

salary and other expenses are paid. The salary shall be paid in

equal monthly installments.

(g) The assistant presiding judge may assign probate judges as

provided by this section and perform the office of presiding

judge:

(1) on the death or resignation of the presiding judge and until

a successor presiding judge is elected; or

(2) when the presiding judge is unable to perform the duties of

the office because of absence, disqualification, disabling

illness, or other incapacity.

(h) Subject to Section 25.002201, a judge or a former or retired

judge of a statutory probate court may be assigned by the

presiding judge of the statutory probate courts to hold court in

a statutory probate court, a county court, or any statutory court

exercising probate jurisdiction when:

(1) a statutory probate judge requests assignment of another

judge to the judge's court;

(2) a statutory probate judge is absent, disabled, or

disqualified for any reason;

(3) a statutory probate judge is present or is trying cases as

authorized by the constitution and laws of this state and the

condition of the court's docket makes it necessary to appoint an

additional judge;

(4) the office of a statutory probate judge is vacant;

(5) the presiding judge of an administrative judicial district

requests the assignment of a statutory probate judge to hear a

probate matter in a county court or statutory county court;

(6) the presiding judge of the administrative judicial district

fails to timely assign a judge to replace a recused or

disqualified statutory probate court judge as described by

Section 25.002201(b);

(7) a county court judge requests the assignment of a statutory

probate judge to hear a probate matter in the county court; or

(8) a local administrative statutory probate court judge

requests the assignment of a statutory probate judge to hear a

matter in a statutory probate court.

(i) A judge assigned under this section has the jurisdiction,

powers, and duties given by Sections 4A, 4C, 4F, 4G, 4H, 5B, 606,

607, and 608, Texas Probate Code, to statutory probate court

judges by general law.

(j) Except as otherwise provided by this section, the salary,

compensation, and expenses of a judge assigned under this section

are paid in accordance with state law.

(k) The daily compensation of a former or retired judge for

purposes of this section is set at an amount equal to the daily

compensation of a judge of a statutory probate court in the

county in which the former or retired judge is assigned. A former

or retired judge assigned to a county that does not have a

statutory probate court shall be paid an amount equal to the

daily compensation of a judge of a statutory probate court in the

county where the assigned judge was last elected.

(l) An assigned judge is entitled to receive reasonable and

necessary expenses for travel, lodging, and food. The assigned

judge shall furnish the presiding judge, for certification, an

accounting of those expenses with a statement of the number of

days the judge served.

(m) The presiding judge shall certify to the county judge in the

county in which the assigned judge served:

(1) the expenses approved under Subsection (l); and

(2) a determination of the assigned judge's salary.

(n) A judge who has jurisdiction over a suit pending in one

county may, unless a party objects, conduct any of the judicial

proceedings except the trial on the merits in a different county.

(o) The county in which the assigned judge served shall pay out

of the general fund of the county:

(1) expenses certified under Subsection (m) to the assigned

judge; and

(2) the salary certified under Subsection (m) to the county in

which the assigned judge serves, or, if the assigned judge is a

former or retired judge, to the assigned judge.

(p) In addition to all compensation and expenses authorized by

this section and other law, a judge who is assigned to a court

outside the county of the judge's residence is entitled to

receive $25 for each day or fraction of a day served. The county

in which the judge served shall pay the additional compensation

from the county's general fund on certification by the presiding

judge.

(q) When required to attend an annual or special meeting

prescribed by this section, a judge is entitled to receive, in

addition to all other compensation allowed by law, actual and

necessary travel expenses incurred going to and returning from

the place of the meeting and actual and necessary expenses while

attending the meeting. On certification by the presiding judge,

the judge's county of residence shall pay the expenses from the

county's general fund.

(r) Chapter 74 and Subchapter I, Chapter 75, do not apply to the

assignment under this section of statutory probate court judges.

(s) The presiding judge may appoint any special or standing

committees of statutory probate court judges necessary or

desirable for court management and administration.

(t) To be eligible for assignment under this section, a former

or retired judge of a statutory probate court must:

(1) not have been removed from office;

(2) certify under oath to the presiding judge, on a form

prescribed by the state board of regional judges, that:

(A) the judge has not been publicly reprimanded or censured by

the State Commission on Judicial Conduct; and

(B) the judge:

(i) did not resign or retire from office after the State

Commission on Judicial Conduct notified the judge of the

commencement of a full investigation into an allegation or

appearance of misconduct or disability of the judge as provided

in Section 33.022 and before the final disposition of that

investigation; or

(ii) if the judge did resign from office under circumstances

described by Subparagraph (i), was not publicly reprimanded or

censured as a result of the investigation;

(3) annually demonstrate that the judge has completed in the

past state fiscal year the educational requirements for an active

statutory probate court judge;

(4) have served as an active judge for at least 96 months in a

district, statutory probate, statutory county, or appellate

court; and

(5) have developed substantial experience in the judge's area of

specialty.

(u) In addition to the eligibility requirements under Subsection

(t), to be eligible for assignment under this section in the

judge's county of residence, a former or retired judge of a

statutory probate court must certify to the presiding judge a

willingness not to:

(1) appear and plead as an attorney in any court in the judge's

county of residence for a period of two years; and

(2) accept appointment as a guardian ad litem, guardian of the

estate of an incapacitated person, or guardian of the person of

an incapacitated person in any court in the judge's county of

residence for a period of two years.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1,

1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.03(a), eff.

Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1101, Sec. 1, eff. Aug.

28, 1989; Acts 1993, 73rd Leg., ch. 691, Sec. 1, eff. Sept. 1,

1993; Acts 1995, 74th Leg., ch. 298, Sec. 1, 7, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 1064, Sec. 1, eff. Sept. 1, 1997;

Acts 1997, 75th Leg., ch. 1435, Sec. 1, eff. Sept. 1, 1997; Acts

2001, 77th Leg., ch. 65, Sec. 1, eff. Sept. 1, 2001; Acts 2001,

77th Leg., ch. 440, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th

Leg., ch. 468, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg.,

ch. 820, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch.

1276, Sec. 9.002, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

718, Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1206, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1263, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1351, Sec. 12(d), eff. September 1, 2009.

Sec. 25.002201. ASSIGNMENT OF JUDGE ON RECUSAL OR

DISQUALIFICATION. (a) Not later than the 15th day after the

date an order of recusal or disqualification of a statutory

probate court judge is issued in a case, the presiding judge of

the administrative judicial district shall assign a statutory

probate court judge or a former or retired judge of a statutory

probate court to hear the case if:

(1) the judge of the statutory probate court recused himself or

herself under Section 25.00255(g)(1)(A);

(2) the judge of the statutory probate court disqualified

himself or herself under Section 25.00255(g-1);

(3) the order was issued under Section 25.00255(i-3)(1); or

(4) the presiding judge of the administrative judicial district

receives notice and a request for assignment from the clerk of

the statutory probate court under Section 25.00255(l).

(b) If the presiding judge of an administrative judicial

district does not assign a judge under Subsection (a) within the

time prescribed by that subsection, the presiding judge of the

statutory probate courts may assign a judge to hear the case

instead of the presiding judge of the administrative judicial

district making the assignment under that subsection.

assigned under that section apply to the same extent to a judge

assigned under the authority of this section.

Added by Acts 2009, 81st Leg., R.S., Ch.

1206, Sec. 2, eff. September 1, 2009.

Sec. 25.00221. VISITING JUDGE TO TAKE OATH; RECORD. (a) This

section applies to the assignment of a retired or former judge as

a visiting judge of a statutory probate court under Section

25.0022.

(b) A person who is a retired or former judge shall, before

accepting an assignment as a visiting judge of a statutory

probate court, take the oath of office required by the

constitution and file the oath with the presiding judge of the

statutory probate courts.

oaths of office filed with the judge under Subsection (b).

(d) A retired or former judge may be assigned as a visiting

judge of a statutory probate court only if the judge has filed

with the presiding judge an oath of office as required by this

section.

(e) When a retired or former judge is appointed as a visiting

judge, the clerk shall enter in the administrative file as a part

of the proceedings in the cause a record that gives the visiting

judge's name and shows that:

(1) the judge of the court was disqualified, absent, or disabled

to try the cause;

(2) the visiting judge was appointed; and

(3) the oath of office prescribed by law for a retired or former

judge who is appointed as a visiting judge was duly administered

to the visiting judge and filed with the presiding judge.

(f) "Administrative file" means a file kept by the court clerk

for the court's administrative orders and assigned a cause

number.

Added by Acts 1999, 76th Leg., ch. 960, Sec. 3, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 469, Sec. 2, 3, eff.

Sept. 1, 2001.

Sec. 25.00222. TRANSFER OF CASES. (a) The judge of a statutory

probate court may transfer a cause of action pending in that

court to another statutory probate court in the same county that

has jurisdiction over the cause of action that is transferred.

(b) If the judge of a statutory probate court that has

jurisdiction over a cause of action appertaining to or incident

to an estate pending in the statutory probate court determines

that the court no longer has jurisdiction over the cause of

action, the judge may transfer that cause of action to:

(1) a district court, county court, statutory county court, or

justice court located in the same county that has jurisdiction

over the cause of action that is transferred; or

(2) the court from which the cause of action was transferred to

the statutory probate court under Section 5B or 608, Texas

Probate Code.

probate court to another court as provided by Subsection (a) or

(b), all processes, writs, bonds, recognizances, or other

obligations issued from the statutory probate court are

returnable to the court to which the cause of action is

transferred as if originally issued by that court. The obligees

in all bonds and recognizances taken in and for the statutory

probate court, and all witnesses summoned to appear in the

statutory probate court, are required to appear before the court

to which the cause of action is transferred as if originally

required to appear before the court to which the transfer is

made.

Added by Acts 1999, 76th Leg., ch. 71, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 64, Sec. 1, eff. Sept.

1, 2001. Renumbered from Government Code Sec. 25.00221 by Acts

2003, 78th Leg., ch. 1275, Sec. 2(55), eff. Sept. 1, 2003.

Sec. 25.0023. COMPENSATION OF PROBATE COURT JUDGES. (a) The

commissioners court shall set the annual salary of each judge of

a statutory probate court at an amount that is at least equal to

the total annual salary received by a district judge in the

county. A district judge's or statutory probate court judge's

total annual salary includes contributions and supplements paid

by the state or a county, other than contributions received as

compensation under Section 25.0022(e).

(b) Notwithstanding any other law and in addition to the judge's

annual salary, the commissioners court annually shall pay a judge

of a statutory probate court who has continuously served as a

judge of a statutory probate court or a statutory county court

since August 31, 1995, an additional amount equal to the amount

of benefit replacement pay a district judge is entitled to

receive from the state under Subchapter H, Chapter 659, for

equivalent continuous service.

probate court judge who has served as a judge of a statutory

probate court or a statutory county court for at least 16 years

longevity pay in an amount equal to the amount of longevity pay a

district judge is entitled to receive from the state for

equivalent years of service. The longevity pay is in addition to

the judge's monthly salary.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1,

1987. Amended by Acts 2001, 77th Leg., ch. 426, Sec. 1, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 9.0025, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

609, Sec. 1, eff. June 19, 2009.

Sec. 25.00231. BOND; INSURANCE. (a) This section controls over

a specific provision for a particular court or county that

attempts to create a requirement for a bond or insurance that

conflicts with this section.

(b) Before beginning the duties of office, a judge of a

statutory probate court must execute a bond that is:

(1) payable to the county treasurer or other person performing

the duties of county treasurer;

(2) in the amount of $500,000;

(3) conditioned on the faithful performance of the duties of the

office; and

(4) approved by the commissioners court.

elect to obtain insurance in the amount required by Subsection

(b) against losses caused by the statutory probate court judge's

gross negligence in performing the duties of office.

(d) The commissioners court of a county shall pay the premium

for the bond or insurance required by this section out of the

general funds of the county.

Added by Acts 2007, 80th Leg., R.S., Ch.

331, Sec. 1, eff. October 1, 2007.

Sec. 25.0024. COURT COORDINATORS, ADMINISTRATIVE ASSISTANTS, AND

AUDITORS FOR STATUTORY PROBATE COURTS. (a) A judge of a

statutory probate court shall hire with the approval of the

commissioners court through the county budget process a court

coordinator, an administrative assistant, and an auditor for the

court.

(b) Court personnel employed under this section are entitled to

receive a salary set by the commissioners court. The county shall

pay the salary in the same manner that other county employees are

paid.

receive the same employment benefits, in addition to salary, that

other county employees receive.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1,

1987. Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 68, eff.

Sept. 1, 1991; Acts 1999, 76th Leg., ch. 410, Sec. 1, eff. Sept.

1, 1999.

Sec. 25.0025. COURT INVESTIGATORS. (a) The judge of a

statutory probate court shall appoint a court investigator. One

person shall serve as the court investigator for all statutory

probate courts in the county unless the commissioners court has

authorized additional investigators. The commissioners court may

authorize additional court investigators if necessary.

(b) The commissioners court shall set the salary of a court

investigator.

eff. Sept. 1, 1995.

Added by Acts 1993, 73rd Leg., ch. 905, Sec. 2, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1039, Sec. 72, eff.

Sept. 1, 1995.

Sec. 25.00255. RECUSAL OR DISQUALIFICATION OF JUDGE. (a) A

party in a hearing or trial in a statutory probate court may file

with the clerk of the court a motion stating grounds for the

recusal or disqualification of the judge. The grounds may include

any disability of the judge to preside over the case.

(b) A motion for the recusal or disqualification of a judge

must:

(1) be filed at least 10 days before the date of the hearing or

trial, except as provided by Subsection (c);

(2) be verified; and

(3) state with particularity the alleged grounds for recusal or

disqualification of the judge based on:

(A) personal knowledge that is supported by admissible evidence;

(B) specifically stated grounds for belief of the allegations.

earliest practicable time before the beginning of the trial or

other hearing if a judge is assigned to a case 10 or fewer days

before the date set for a trial or hearing.

(d) A party filing a motion for recusal or disqualification

shall serve on all other parties or their counsel:

(1) copies of the motion; and

(2) notice that the movant expects the motion to be presented to

the judge three days after the filing of the motion unless the

judge orders otherwise.

(e) A party may file with the clerk of the court a statement

opposing or concurring with a motion for recusal or

disqualification at any time before the motion is heard.

(f) Before further proceedings in a case in which a motion for

the recusal or disqualification of a judge has been filed, the

judge shall:

(1) recuse or disqualify himself or herself; or

(2) request the assignment of a judge to hear the motion by

forwarding the motion and opposing and concurring statements to

the presiding judge of the statutory probate courts as provided

by Subsection (h).

(g) A judge who recuses himself or herself:

(1) shall enter an order of recusal and:

(A) if the judge serves a statutory probate court located in a

county with only one statutory probate court, request that the

presiding judge of the administrative judicial district assign a

judge under Section 25.002201 to hear the case; or

(B) subject to Subsection (l), if the judge serves a statutory

probate court located in a county with more than one statutory

probate court, request that the clerk who serves the statutory

probate courts in that county randomly reassign the case to a

judge of one of the other statutory probate courts located in the

county; and

(2) may not take other action in the case except for good cause

stated in the order in which the action is taken.

(g-1) A judge who disqualifies himself or herself:

(1) shall enter an order of disqualification and request that

the presiding judge of the administrative judicial district

assign a judge under Section 25.002201 to hear the case; and

(2) may not take other action in the case.

(h) A judge who does not recuse or disqualify himself or

herself:

(1) shall forward to the presiding judge of the statutory

probate courts, in either original form or certified copy, an

order of referral, the motion for recusal or disqualification,

and all opposing and concurring statements; and

(2) may not take other action in the case during the time after

the filing of the motion for recusal or disqualification and

before a hearing on the motion, except for good cause stated in

the order in which the action is taken.

(i) After receiving a request under Subsection (h), the

presiding judge of the statutory probate courts shall immediately

forward the request to the presiding judge of the administrative

judicial district and request that the presiding judge of the

administrative judicial district assign a judge to hear the

motion for recusal or disqualification. Not later than the 15th

day after the date the presiding judge of the administrative

judicial district receives the request, the presiding judge

shall:

(1) set a hearing before himself or herself or a judge

designated by the presiding judge, except that the presiding

judge may not designate a judge of a statutory probate court in

the same county as the statutory probate court served by the

judge who is the subject of the motion;

(2) cause notice of the hearing to be given to all parties or

their counsel to the case; and

(3) make other orders, including orders for interim or ancillary

relief, in the pending case.

(i-1) If the presiding judge of the administrative judicial

district does not assign a judge to hear a motion for recusal or

disqualification within the time prescribed by Subsection (i),

the presiding judge of the statutory probate courts may assign a

judge to hear the motion and take other action under that

subsection.

(i-2) A judge who hears a motion for recusal or disqualification

under Subsection (i) or (i-1) may also hear any amended or

supplemented motion for recusal or disqualification filed in the

case.

(i-3) If a motion for recusal or disqualification is granted

after a hearing conducted as provided by Subsection (i) or (i-1),

the judge who heard the motion shall:

(1) if the judge subject to recusal or disqualification serves a

statutory probate court located in a county with only one

statutory probate court, enter an order of recusal or

disqualification, as appropriate, and request that the presiding

judge of the administrative judicial district assign a judge

under Section 25.002201 to hear the case; or

(2) subject to Subsection (l), if the judge subject to recusal

or disqualification serves a statutory probate court located in a

county with more than one statutory probate court, enter an order

of recusal or disqualification, as appropriate, and request that

the clerk who serves the statutory probate courts in that county

randomly reassign the case to a judge of one of the other

statutory probate courts located in the county.

(i-4) The presiding judge of an administrative judicial district

may delegate the judge's authority to make orders of interim or

ancillary relief under Subsection (i)(3) to the presiding judge

of the statutory probate courts.

(i-5) A judge assigned to hear a motion for recusal or

disqualification under Subsection (i) is entitled to receive the

same salary, compensation, and expenses, and to be paid in the

same manner and from the same fund, as a judge otherwise assigned

under Section 25.0022, except that a judge assigned under

Subsection (i) shall provide the information required by Section

25.0022(l) to the presiding judge of the administrative judicial

district, who shall immediately forward the information to the

presiding judge of the statutory probate courts.

(j) After a statutory probate court has rendered the final

judgment in a case, a party may appeal an order that denies a

motion for recusal or disqualification as an abuse of the court's

discretion. A party may not appeal an order that grants a motion

for recusal or disqualification.

(k) A party may file a motion for sanctions alleging that

another party in the case filed a motion for the recusal or

disqualification of a judge solely to delay the case and without

sufficient cause. The presiding judge of the administrative

judicial district or the judge assigned to hear the motion for

recusal may approve a motion for sanctions authorized by Rule

215.2(b), Texas Rules of Civil Procedure.

(l) If a clerk of a statutory probate court is unable to

reassign a case as requested under Subsection (g)(1)(B) or

(i-3)(2) because the other statutory probate court judges in the

county have been recused or disqualified or are otherwise

unavailable to hear the case, the clerk shall immediately notify

the presiding judge of the administrative judicial district and

request that the presiding judge of the administrative judicial

district assign a judge under Section 25.002201 to hear the case.

(m) The clerk of a statutory probate court shall immediately

notify and provide to the presiding judge of the statutory

probate courts a copy of an order of recusal or disqualification

issued with respect to the judge of the statutory probate court.

Added by Acts 1997, 75th Leg., ch. 1435, Sec. 2, eff. Sept. 1,

1997. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 9.0011,

eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1297, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1206, Sec. 3, eff. September 1, 2009.

Sec. 25.00256. TERTIARY RECUSAL MOTION AGAINST JUDGE. (a) In

this section, "tertiary recusal motion" means a third or

subsequent motion for recusal or disqualification filed in a case

against any statutory probate court judge by the same party. The

term includes any third or subsequent motion filed in the case by

the same party, regardless of whether that motion is filed

against a different judge than the judge or judges against whom

the previous motions for recusal or disqualification were filed.

(b) A judge who declines recusal after a tertiary recusal motion

is filed shall comply with applicable rules of procedure for

recusal and disqualification except that the judge shall continue

to:

(1) preside over the case;

(2) sign orders in the case; and

(3) move the case to final disposition as though a tertiary

recusal motion had not been filed.

judge who denies the motion shall award reasonable and necessary

attorney's fees and costs to the party opposing the motion. The

party making the motion and the attorney for the party are

jointly and severally liable for the award of fees and costs.

The fees and costs must be paid before the 31st day after the

date the order denying the tertiary recusal motion is rendered

unless the order is properly superseded.

(d) The denial of a tertiary recusal motion is only reviewable

on appeal from final judgment.

(e) If a tertiary recusal motion is finally sustained, the new

judge for the case shall vacate all orders signed by the sitting

judge during the pendency of the tertiary recusal motion.

Added by Acts 2007, 80th Leg., R.S., Ch.

1297, Sec. 2, eff. September 1, 2007.

Sec. 25.0026. POWERS AND DUTIES. (a) A statutory probate court

or its judge may issue writs of injunction, mandamus,

sequestration, attachment, garnishment, certiorari, supersedeas,

and all writs necessary for the enforcement of the jurisdiction

of the court. It may issue writs of habeas corpus in cases in

which the offense charged is within the jurisdiction of the court

or any court of inferior jurisdiction in the county.

(b) A statutory probate court or its judge may punish for

contempt as prescribed by general law.

duties, immunities, and privileges provided by law for county

court judges.

(d) The judge of a statutory probate court has no authority over

the county's administrative business that is performed by the

county judge.

Added by Acts 1991, 72nd Leg., ch. 394, Sec. 2, eff. Aug. 26,

1991; Acts 1991, 72nd Leg., ch. 746, Sec. 7, eff. Oct. 1, 1991.

Sec. 25.0027. JURIES; PRACTICE AND PROCEDURE. The drawing of

jury panels, selection of jurors, and practice in the statutory

probate courts must conform to that prescribed by law for county

courts, except that practice, procedure, rules of evidence,

issuance of process and writs, juries, including the number of

jurors, and all other matters pertaining to the conduct of trials

and hearings in the statutory probate courts involving those

matters of concurrent jurisdiction with district courts are

governed by the laws and rules pertaining to district courts.

Added by Acts 1991, 72nd Leg., ch. 391, Sec. 2, eff. Aug. 26,

1991.

Sec. 25.0029. FEES. A judge of a statutory probate court shall

assess the same fees as are prescribed by law relating to county

judges' fees. The clerk of the court shall collect the fees and

pay them into the county treasury on collection. A fee may not be

paid to the judge.

Added by Acts 1991, 72nd Leg., ch. 394, Sec. 2, eff. Aug. 26,

1991.

Sec. 25.0030. FACILITIES; PERSONNEL. (a) The commissioners

court of each county shall provide the physical facilities

necessary to operate the statutory probate court in each county.

(b) The county attorney or criminal district attorney and

sheriff shall serve each statutory probate court. The county

clerk shall serve as clerk of each statutory probate court. The

court officials shall perform the duties and responsibilities of

their offices and are entitled to the compensation, fees, and

allowances prescribed by law for those offices.

Added by Acts 1991, 72nd Leg., ch. 394, Sec. 2, eff. Aug. 26,

1991.

Sec. 25.0031. SEAL. The seal of each statutory probate court is

the same as that provided by law for a county court except that

the seal must contain the name of the statutory probate court as

it appears in this chapter.

Added by Acts 1991, 72nd Leg., ch. 394, Sec. 2, eff. Aug. 26,

1991.

Sec. 25.0032. LOCATION OF PROCEEDINGS FOLLOWING CERTAIN

DISASTERS. (a) In this section, "first tier coastal county" and

"second tier coastal county" have the meanings assigned by

Section 2210.003, Insurance Code.

(b) Notwithstanding any other law, including a specific

provision in this chapter for a particular court or county that

requires a statutory probate court to conduct its proceedings at

the county seat, if a disaster, as defined by Section 418.004,

occurs in a first tier coastal county or a second tier coastal

county that precludes a statutory probate court in that county

from conducting its proceedings at the county seat, the presiding

judge of the statutory probate courts, with the approval of the

judge of the affected statutory probate court, may designate an

alternate location in the county at which the court may conduct

its proceedings.

Added by Acts 2007, 80th Leg., R.S., Ch.

1076, Sec. 3, eff. June 15, 2007.

SUBCHAPTER C. PROVISIONS RELATING TO PARTICULAR COUNTIES

Sec. 25.0041. ANDERSON COUNTY. (a) Anderson County has one

statutory county court, the County Court at Law of Anderson

County.

(b) The County Court at Law of Anderson County sits in

Palestine.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1,

1987. Renumbered from Sec. 25.0031 by Acts 2001, 77th Leg., ch.

1420, Sec. 9.001(c), eff. Sept. 1, 2001.

Sec. 25.0042. ANDERSON COUNTY COURT AT LAW PROVISIONS. (a) In

addition to the jurisdiction provided by Section 25.0003 and

other law, a county court at law in Anderson County has:

(1) concurrent jurisdiction with the district court in:

(A) probate matters and proceedings, including will contests;

(B) family law cases and proceedings;

(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.

Oct. 1, 1991.

(d) The judge of a county court at law may not engage in the

private practice of law.

(e) The salary of the judge of a county court at law shall be

paid out of the county treasury by the commissioners court. The

judge is entitled to travel expenses and necessary office

expenses, including administrative and clerical assistance, in

the same manner as the county judge.

(f) A special judge of a county court at law with the same

qualifications as the regular judge may be appointed or elected

in the manner provided by law for the appointment or election of

a special county judge. If a judge of a county court at law is

disqualified to try a case pending in the judge's court, the

parties or their attorneys may agree on the selection of a

special judge for the case. A special judge is entitled to the

same rate of compensation as the regular judge.

(g) The district clerk serves as clerk of a county court at law

in all cases arising under the Family Code and Section 23.001 and

shall establish a separate docket for a county court at law; the

county clerk serves as clerk of the court in all other cases. The

commissioners court may employ as many deputy sheriffs and

bailiffs as are necessary to serve the court.

(h) The judge of a county court at law may appoint an official

court reporter or the judge may contract for the services of a

court reporter under guidelines established by the commissioners

court.

(i) Practice in a county court at law is that prescribed by law

for county courts, except that practice and procedure, rules of

evidence, issuance of process and writs, and all other matters

pertaining to the conduct of trials and hearings in a county

court at law involving cases under the Family Code and Section

23.001 are governed by this section and the laws and rules

pertaining to district courts and county courts. If a case under

the Family Code or Section 23.001 is tried before a jury, the

jury shall be composed of 12 members.

(j) The laws governing the drawing, selection, service, and pay

of jurors for county courts apply to a county court at law.

Jurors regularly impaneled for a week by the district court may,

on request of the judge of a county court at law, be made

available and shall serve for the week in a county court at law.

(k) Appeals in all civil cases from judgments and orders of a

county court at law are to the court of appeals as provided for

appeals from district and county courts. Appeals in all criminal

cases are to the court of appeals as provided for appeals from

county courts. All cases appealed from the justice courts and

other inferior courts in Anderson County must be made directly to

a county court at law, unless otherwise provided by law.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1,

1987. Amended by Acts 1987, 70th Leg., 2nd C.S. ch. 38, Sec. 3,

eff. Oct. 20, 1987; Acts 1989, 71st Leg., ch. 2, Sec. 8.04(a),

eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec.

15.02, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 9,

eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 525, Sec. 1, eff.

May 31, 1997. Renumbered from Acts 2001, 77th Leg., ch. 1420,

Sec. 9.001(c).

Sec. 25.0051. ANGELINA COUNTY. Angelina County has the

following statutory county courts:

(1) the County Court at Law No. 1 of Angelina County; and

(2) the County Court at Law No. 2 of Angelina County.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1,

1987. Amended by Acts 1991, 72nd Leg., ch. 614, Sec. 1, eff. Aug.

26, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 10(a), eff. Oct. 1,

1991; Acts 1993, 73rd Leg., ch. 745, Sec. 1, eff. Aug. 30, 1993.

Sec. 25.0052. ANGELINA COUNTY COURT AT LAW PROVISIONS.

Text of subsec. (a) as amended by Acts 1991, 72nd Leg., ch. 614,

Sec. 2

(a) In addition to the jurisdiction provided by Section 25.0003

and other law, a county court at law in Angelina County has:

(1) concurrent with the county court, the probate jurisdiction

provided by general law for county courts; and

(2) concurrent jurisdiction with the district court in:

(A) civil cases in which the matter in controversy exceeds $500

but does not exceed $50,000, e

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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