Texas Government Code 25.1572 – McLennan County Court At Law Provisions
(a) In addition to the jurisdiction provided by § 25.0003 and other law and except as limited by Subsection (b), a county court at law in McLennan County has:
(1) concurrent jurisdiction with the district courts in state jail, third degree, and second degree felony cases and family law cases on assignment from a district judge presiding in McLennan County and acceptance of the assignment by the judge of the county court at law to:
(A) conduct arraignments;
(B) conduct pretrial hearings;
(C) accept guilty pleas and conduct sentencing;
(D) conduct jury trials and nonjury trials;
(E) conduct probation revocation hearings;
(F) conduct post-trial proceedings; and
(G) conduct family law cases and proceedings; and
(2) jurisdiction in:
(A) Class A and Class B misdemeanor cases;
(B) probate proceedings;
(C) eminent domain;
(D) appeals from the justice and municipal courts; and
(E) disputes ancillary to probate, eminent domain, condemnation, or landlord and tenant matters relating to the adjudication and determination of land titles and trusts, whether testamentary, inter vivos, constructive, resulting, or any other class or type of trust, regardless of the amount in controversy or the remedy sought.
(b) On request of a district judge presiding in McLennan County, the regional presiding judge may assign a judge of a county court at law in McLennan County to the requesting judge’s court under Chapter 74. A county court at law judge assigned to a district court may hear any matter pending in the requesting judge’s court.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Second degree felony | between 2 and 20 years | up to $10,000 |
| Class B misdemeanor | up to 180 days | up to $2,000 |
Terms Used In Texas Government Code 25.1572
- Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
- Docket: A log containing brief entries of court proceedings.
- Inter vivos: Transfer of property from one living person to another living person.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Probate: Proving a will
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: means real and personal property. See Texas Government Code 311.005
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(c) A county court at law does not have jurisdiction in:
(1) suits on behalf of the state to recover penalties or escheated property;
(2) misdemeanors involving official misconduct; or
(3) contested elections.
(d) A judge of a county court at law shall be paid a total annual salary set by the commissioners court in an amount not less than $1,000 less than the annual salary received by a district judge with equivalent years of service as a judge, as provided under § 25.0005, to be paid out of the county treasury by the commissioners court.
(e) The district clerk serves as clerk of a county court at law in cases instituted in the district courts in which the county courts at law have concurrent jurisdiction with the district court. The county clerk serves as the clerk of a county court at law in all other matters. Each clerk shall establish a separate docket for a county court at law.
(f) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(63), eff. January 1, 2012.
(g) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(63), eff. January 1, 2012.
(h) An official court reporter is not required to take testimony in a case unless the judge or a party demands that testimony be taken. The court reporter shall be available for matters being considered in the county court if the parties before the court request a court reporter and the request is approved by the judge of a county court at law.
(i) The official court reporter of a county court at law is entitled to receive a salary set by the judge of a county court at law with the approval of the commissioners court.
(j) Sections 25.0006(b) and 25.0007 do not apply to a county court at law in McLennan County.