Sec. 25.1042. HARRISON 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 Harrison County has concurrent jurisdiction with the district court, on assignment of a district judge presiding in Harrison County, in:

(1) family law cases and proceedings;

(2) felony cases other than capital murder cases; and

(3) civil cases.

(b) Assignment and transfer of cases under Subsection (a) is at the discretion of the judge of the district court making the assignment. Assignment or transfer from a county court at law to a district court is governed by Section 74.121(b)(1).

(c) The district clerk serves as clerk of a county court at law in cases assigned under Subsection (a), and the county clerk serves as clerk of the court in all other cases.

(d) A party to a case assigned under Subsection (a) may request a jury of 12 persons if the party makes the request not later than the 30th day before the trial date. Except as provided by Subsection (h), a party who does not make a timely request under this subsection waives the right to request a 12-person jury and the case will proceed with a six-person jury.

(e) The judge of a county court at law shall be paid a salary that is equal to the amount paid the criminal district attorney of Harrison County. The salary shall be paid out of the county treasury on orders of the commissioners court.

(f) In matters of concurrent jurisdiction, a district judge presiding in Harrison County may transfer cases from the district court to a county court at law in Harrison County in the same manner judges of district courts transfer cases under Section 24.003.

(g) The criminal district attorney is entitled to the same fees prescribed by law for prosecutions in the county court, except that in cases assigned under Subsection (a), the criminal district attorney is entitled to the same fees prescribed by law for prosecutions in a district court.

Text of subsection effective until September 01, 2020

(h) A jury must be composed of 12 members in:

(1) any civil case pending in which the amount in controversy is $200,000 or more; and

(2) any felony case.

Text of subsection effective on September 01, 2020

(h) A jury must be composed of 12 members in any felony case.

(i) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(44), eff. January 1, 2012.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

Amended by:

Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 4.27, eff. January 1, 2012.

Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 4.50(a)(44), eff. January 1, 2012.

Acts 2013, 83rd Leg., R.S., Ch. 1059 (H.B. 3153), Sec. 2.02(a), eff. January 1, 2015.

Acts 2013, 83rd Leg., R.S., Ch. 1237 (S.B. 1806), Sec. 1, eff. January 1, 2015.

Acts 2015, 84th Leg., R.S., Ch. 832 (H.B. 4199), Sec. 1, eff. September 1, 2015.

Acts 2019, 86th Leg., R.S., Ch. 696 (S.B. 2342), Sec. 13, eff. September 1, 2020.