2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter C. Provisions Relating to Particular Counties › Section 25.0732. El Paso County Court at Law Provisions

Sec. 25.0732.  EL PASO 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 El Paso County has the jurisdiction provided by the constitution and by general law for district courts.
(b)  A county court at law does not have jurisdiction of:
(1)  felony cases, except as otherwise provided by law;
(2)  misdemeanors involving official misconduct;  or
(3)  contested elections.
(c)  The County Criminal Court at Law No. 2 of El Paso County, Texas, is designated to conduct the DWI Drug Court Intervention and Treatment Program of El Paso County as a drug court program under Chapter 123 for persons arrested for, charged with, or convicted of an offense involving the operation of a motor vehicle while intoxicated.
(d)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(33), eff. January 1, 2012.
(e)  A county court at law may not issue writs of habeas corpus in felony cases.
(f)  The district clerk serves as clerk of a county court at law in cases in the concurrent jurisdiction of the county courts at law and the district courts, and the county clerk serves as the clerk in all other cases.  The district clerk shall establish a separate docket for each county court at law.
(g)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(33), eff. January 1, 2012.
(h)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(33), eff. January 1, 2012.
(i)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(33), eff. January 1, 2012.
(j)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(33), eff. January 1, 2012.
(k)  Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.
(l)  The judge of a county court at law shall be paid an annual salary that is at least equal to the amount that is $1,000 less than the total annual salary, including supplements, received by a district judge in the county.
(m)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(33), eff. January 1, 2012.
(n)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(33), eff. January 1, 2012.
(o)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(33), eff. January 1, 2012.
(p)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(33), eff. January 1, 2012.
(q)  The official court reporter of a county court at law must be well skilled in his profession.  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 at least the same amount as compensation as the official court reporters in the district courts in the county.  The compensation shall be paid in the same manner that the district court reporters are paid.
(r)  Section 25.0006(b) does not apply to County Court at Law No. 2, 3, 4, 5, 6, or 7 of El Paso County, Texas.
(s)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(33), eff. January 1, 2012.
(t)  If any cause or proceeding is lodged with the district clerk and the district clerk files, dockets, or assigns the cause or proceeding in or to a county court at law and the county court at law does not have subject matter jurisdiction over the cause or proceeding, then the filing, docketing, or assignment of the cause or proceeding in or to a county court at law is considered a clerical error and that clerical error shall be corrected by a judgment or order nunc pro tunc.  The cause or proceeding is considered filed, docketed, or assigned to the district court of the local administrative judge in the first instance rather than to a county court at law of El Paso County.  The judge of a county court at law of El Paso County who acts in the cause or proceeding is considered assigned to the district court of the local administrative judge for that purpose and has all the powers of the judge of that district court under the assignment.
(u)  A county court at law judge of El Paso County has jurisdiction to grant an order permitting a marriage ceremony to take place during a 72-hour period immediately following the issuance of a marriage license in El Paso County.
(v)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(33), eff. January 1, 2012.
(w)  In matters of concurrent jurisdiction, a judge of a statutory county court in El Paso County and a judge of a district court or another statutory county court in El Paso County may transfer cases between the courts in the same manner judges of district courts transfer cases under Section 24.003.
(x)  A judge of a statutory county court in El Paso County and a judge of a district court in El Paso County may exchange benches and may sit and act for each other in any matter pending before the court.
(y)  The El Paso Council of Judges shall order the transfer of criminal misdemeanor cases to the county criminal courts at law from time to time to equalize the criminal misdemeanor dockets of the statutory county courts for the efficient operation of the court system and the effective administration of justice.  In determining the court to which a case is transferred, the council shall give preference to a county criminal court at law that is required to give preference to certain cases under Subsection (z).
Text of subsection effective until January 01, 2025
(z)  The County Criminal Courts No. 1, No. 2, No. 3, and No. 4 have the criminal jurisdiction provided by this section and other law for statutory county courts in El Paso County and appellate jurisdiction in appeals of criminal cases from justice courts and municipal courts in the county as provided by  Article 45.042, Code of Criminal Procedure.  The County Criminal Court No. 4 shall give preference to cases prosecuted under:
(1)  Section 22.01, Penal Code, in which the victim is a person whose relationship to or association with the defendant is described under Chapter 71, Family Code; and
(2)  Section 25.07, Penal Code.
Text of subsection effective on January 01, 2025
(z)  The County Criminal Courts No. 1, No. 2, No. 3, and No. 4 have the criminal jurisdiction provided by this section and other law for statutory county courts in El Paso County and appellate jurisdiction in appeals of criminal cases from justice courts and municipal courts in the county as provided by  Article 45A.202, Code of Criminal Procedure.  The County Criminal Court No. 4 shall give preference to cases prosecuted under:
(1)  Section 22.01, Penal Code, in which the victim is a person whose relationship to or association with the defendant is described under Chapter 71, Family Code; and
(2)  Section 25.07, Penal Code.
(aa)  The County Criminal Court No. 1 has exclusive jurisdiction over environmental offenses.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(c), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 1074, Sec. 2 to 4, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991;  Acts 1997, 75th Leg., ch. 20, Sec. 3, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 139, Sec. 2, eff. Jan. 1, 2002;  Acts 2003, 78th Leg., ch. 770, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1122 (H.B. 4008), Sec. 2, eff. September 1, 2007.
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 3.06, eff. January 1, 2012.
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 4.22, eff. January 1, 2012.
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 4.50(a)(33), eff. January 1, 2012.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.054, eff. January 1, 2025.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 2.009, eff. September 1, 2023.