Tex. Gov't Code Section 25.2142
Smith County Court at Law Provisions


(a)

In addition to the jurisdiction provided by Section 25.0003 (Jurisdiction) and other law, and except as limited by Subsection (a-1), a county court at law in Smith County has the jurisdiction provided by the constitution and by general law for district courts.

(a-1)

A county court at law does not have jurisdiction of:

(1)

capital felony cases or felonies of the first or second degree;

(2)

suits on behalf of the state to recover penalties, forfeiture, or escheat;

(3)

misdemeanors involving official misconduct; or

(4)

contested elections.

(b)

A county court at law has concurrent jurisdiction with the county court in mental illness matters and proceedings under Subtitle C, Title 7, Health and Safety Code.

(c)

Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(82), eff.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

(d)

Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff.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

(e)

Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(82), eff.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

(f)

The commissioners court may, by an issued and signed order, require the judge of a county court at law to execute a bond in an amount set by the commissioners court. The commissioners court may require a bond of any special judge or visiting judge assigned to a county court at law. If the commissioners court requires a bond, the commissioners court must pay the appropriate fee for the bond from county funds.

(g)

The judge of a county court at law may be paid an annual salary that is equal to the amount that is $1,000 less than the total annual salary, including supplements, paid a district judge in the county. The salary shall be paid to the judge in equal installments at the established county pay periods. The salary shall be paid out of the general fund of the county by warrants drawn on the county treasury on order of the commissioners court. The judge of a county court at law shall assess the fees prescribed by law relating to county judges and district judges according to the nature of the matter brought before the judge.

(h)

If the office of judge of a county court at law is vacant, if the regular judge is absent, disabled, or disqualified from presiding, or if the regular judge of a county court at law certifies that the orderly administration of justice in the court requires the temporary assistance of a special judge or visiting judge, the presiding judge of the administrative judicial region in which the county is located may appoint a person to sit as a special or visiting judge.

(i)

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

(j)

A special judge of a county court at law must take the constitutional oath of office.

(k)

A visiting judge of a county court at law must:

(1)

be a former judge of a district court or statutory county court, or an active judge of a district court or county court at law;

(2)

not appear and plead as an attorney at law in any court of this state while serving as a visiting judge;

(3)

have been a successful candidate for election in at least two general elections for judge of a district court or statutory county court;

(4)

not have been removed from office by impeachment, the supreme court, the governor on address of the legislature, or by the State Commission on Judicial Conduct; and

(5)

not have resigned as judge of a court while under investigation by the State Commission on Judicial Conduct.

(l)

A special judge or visiting judge of a county court at law may sign orders, judgments, decrees, or any other process authorized by law as “Judge Presiding” when acting for the regular judge.

(m)

In appointing a visiting judge, preference shall be given to the appointment of a former judge of a statutory county court. If a judge of a statutory county court is not available, the presiding judge of the judicial district may appoint a former judge of a district court or an active judge of a district court or county court at law.

(n)

A former judge sitting as a visiting judge of a county court at law is entitled to receive for services performed the same amount of compensation that the regular judge receives, less an amount equal to the pro rata annuity received from any state, district, or county retirement fund. An active judge sitting as a visiting judge of a county court at law is entitled to receive for services performed the same amount of compensation that the regular judge receives, less an amount equal to the pro rata compensation received from state or county funds as salary, including supplements.

(o)

A visiting judge of a county court at law is entitled to receive reimbursement for food and lodging expenses incurred, in an amount not to exceed the sum paid visiting judges of district courts in the state, and for actual travel expenses between the residence of the visiting judge and the county court at law.

(p)

The compensation, including authorized expenses, for a county court at law judge, special judge, or visiting judge shall be paid by the commissioners court. Payment to a special judge or visiting judge shall be made on certification by the presiding judge of the administrative judicial region that the special judge or visiting judge has rendered the service and is entitled to receive the compensation. The amount paid to a special judge or visiting judge may not be deducted from the salary or allowable expenses of the regular judge.

(q)

A special or visiting judge of a county court at law has all the powers, jurisdiction, authority, duties, immunities, and privilege provided by law for the county court at law or its judge, except those powers and that authority associated with the appointment or assignment of court personnel.

(r)

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

(s)

The official court reporter of a county is entitled to receive a salary set by the commissioners court. If possible, the commissioners court shall set the salary at an amount equal to the amount of compensation, fees, and allowances received by the court reporters of the district courts in Smith County. The official court reporter shall perform any reasonable court-related duties required by the judge of the court.

(t)

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

(u)

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

(v)

Except as otherwise provided by this section, the constitution, Section 25.0007 (Juries; Practice and Procedure)(c), or other law, juries in a county court at law shall be composed of six members. In matters of concurrent jurisdiction with the district court to which Section 25.0007 (Juries; Practice and Procedure)(c) does not apply, if a party to the suit requests a 12-member jury, the jury shall be composed of 12 members. In a civil case tried in a county court at law, the parties may, by mutual agreement, agree to try the case with any number of jurors and agree to have a verdict rendered and returned by the vote of any number of jurors less than all those hearing the case.
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. 21, Sec. 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, Sec. 8.44(9), eff. Aug. 28, 1989; Acts 1989, 71st Leg., 2nd C.S., ch. 1, Sec. 15.21, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 76, Sec. 12, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 746, Sec. 53, 70, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 449, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 4.39, eff. January 1, 2012.
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 4.50(a)(82), eff. January 1, 2012.
Acts 2019, 86th Leg., R.S., Ch. 696 (S.B. 2342), Sec. 23, eff. September 1, 2020.

Source: Section 25.2142 — Smith County Court at Law Provisions, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­25.­htm#25.­2142 (accessed Mar. 23, 2024).

25.0001
Application of Subchapter
25.0002
Definitions
25.0003
Jurisdiction
25.0004
Powers and Duties
25.0005
Judge’s Salary
25.0006
Bond
25.0007
Juries
25.0008
Fees
25.0009
Vacancy
25.0010
Facilities
25.0011
Seal
25.0012
Exchange of Judges in Certain County Courts at Law and County Criminal Courts
25.0014
Qualifications of Judge
25.0015
State Contribution
25.0016
Terms of Court
25.0017
Visiting Judge to Take Oath
25.0018
Record
25.0019
Location of Proceedings Following Certain Disasters
25.0020
Appointment of Counsel in Certain Appeals
25.0021
Jurisdiction
25.0022
Administration of Statutory Probate Courts
25.0023
Compensation of Probate Court Judges
25.0024
Court Coordinators, Administrative Assistants, and Auditors for Statutory Probate Courts
25.0025
Court Investigators
25.0026
Powers and Duties
25.0027
Juries
25.0029
Fees
25.0030
Facilities
25.0031
Seal
25.0032
Location of Proceedings Following Certain Disasters
25.0033
Qualifications of Judge
25.0034
Private Practice of Law
25.0035
Terms of Court
25.0041
Anderson County
25.0042
Anderson County Court at Law Provisions
25.0051
Angelina County
25.0052
Angelina County Court at Law Provisions
25.0061
Aransas County
25.0062
Aransas County Court at Law Provisions
25.0091
Atascosa County
25.0092
Atascosa County Court at Law Provisions
25.0101
Austin County
25.0102
Austin County Court at Law Provisions
25.0131
Bastrop County
25.0132
Bastrop County Court at Law Provisions
25.0151
Bee County
25.0152
Bee County Court at Law Provisions
25.00161
Private Practice of Law
25.0161
Bell County
25.0162
Bell County Court at Law Provisions
25.0171
Bexar County
25.0172
Bexar County Court at Law Provisions
25.0173
Bexar County Probate Courts
25.0201
Bosque County
25.0202
Bosque County Court at Law Provisions
25.00211
State Contribution
25.0211
Bowie County
25.00212
Excess Contributions
25.0212
Bowie County Court at Law Provisions
25.00213
Contributions Fund
25.00221
Visiting Judge to Take Oath
25.0221
Brazoria County
25.00222
Transfer of Cases
25.0222
Brazoria Statutory County Court Provisions
25.00231
Bond
25.0231
Brazos County
25.0232
Brazos County Court at Law Provisions
25.00251
Public Probate Administrator
25.00255
Recusal or Disqualification of Judge
25.00256
Tertiary Recusal Motion Against Judge
25.0271
Brown County
25.0272
Brown County Court at Law Provisions
25.0291
Burnet County
25.0292
Burnet County Court at Law Provisions
25.0301
Caldwell County
25.0302
Caldwell County Court at Law Provisions
25.0311
Calhoun County
25.0312
Calhoun County Court at Law Provisions
25.0331
Cameron County
25.0332
Cameron County Court at Law Provisions
25.0333
Cameron County Probate Court Provisions
25.0361
Cass County
25.0362
Cass County Court at Law Provisions
25.0381
Chambers County
25.0382
Chambers County Court at Law Provisions
25.0391
Cherokee County
25.0392
Cherokee County Court at Law Provisions
25.0451
Collin County
25.0452
Collin County Court at Law Provisions
25.0453
Collin County Statutory Probate Court Provisions
25.0481
Comal County
25.0482
Comal County Court at Law Provisions
25.0511
Cooke County
25.0512
Cooke County Court at Law Provisions
25.0521
Coryell County
25.0522
Coryell County Court at Law Provisions
25.0591
Dallas County
25.0592
Dallas County Court at Law Provisions
25.0593
Dallas County Criminal Court Provisions
25.0594
Dallas County Criminal Court of Appeals Provisions
25.0595
Dallas County Probate Courts
25.0631
Denton County
25.0632
Denton County Statutory Court and Statutory Probate Court Provisions
25.0633
Denton County Court at Law Provisions
25.0634
Denton County Criminal Court Provisions
25.0635
Denton County Statutory Probate Court Provisions
25.0701
Ector County
25.0702
Ector County Court at Law
25.0721
Ellis County
25.0722
Ellis County Court at Law Provisions
25.0731
El Paso County
25.0732
El Paso County Court at Law Provisions
25.0733
El Paso County Probate Court Provisions
25.0741
Erath County
25.0742
Erath County Court at Law Provisions
25.0761
Fannin County
25.0762
Fannin County Court at Law Provisions
25.0811
Fort Bend County
25.0812
Fort Bend County Court at Law Provisions
25.0861
Galveston County
25.0862
Galveston County Statutory Court Provisions
25.0881
Gillespie County
25.0882
Gillespie County Court at Law Provisions
25.0931
Grayson County
25.0932
Grayson County Court at Law Provisions
25.0941
Gregg County
25.0942
Gregg County Court at Law Provisions
25.0951
Grimes County
25.0952
Grimes County Court at Law Provisions
25.0961
Guadalupe County
25.0962
Guadalupe County Court at Law Provisions
25.1031
Harris County
25.1032
Harris County Civil Court at Law Provisions
25.1033
Harris County Criminal Court at Law Provisions
25.1034
Harris County Probate Court Provisions
25.1041
Harrison County
25.1042
Harrison County Court at Law Provisions
25.1071
Hays County
25.1072
Hays County at Law Provisions
25.1091
Henderson County
25.1092
Henderson County Court at Law Provisions
25.1101
Hidalgo County
25.1102
Hidalgo County Court at Law Provisions
25.1111
Hill County
25.1112
Hill County Court at Law Provisions
25.1131
Hood County
25.1132
Hood County Court at Law Provisions
25.1141
Hopkins County
25.1142
Hopkins County Court at Law Provisions
25.1151
Houston County
25.1152
Houston County Court at Law Provisions
25.1181
Hunt County
25.1182
Hunt County Court at Law Provisions
25.1251
Jefferson County
25.1252
Jefferson County Court at Law Provisions
25.1271
Jim Wells County
25.1272
Jim Wells County Court at Law Provisions
25.1281
Johnson County
25.1282
Johnson County Court at Law Provisions
25.1311
Kaufman County
25.1312
Kaufman County Court at Law Provisions
25.1351
Kerr County
25.1352
Kerr County Court at Law Provisions
25.1391
Kleberg County
25.1392
Kleberg County Court at Law Provisions
25.1411
Lamar County
25.1412
Lamar County Court at Law Provisions
25.1481
Liberty County
25.1482
Liberty County Court at Law Provisions
25.1541
Lubbock County
25.1542
Lubbock County Court at Law Provisions
25.1571
Mclennan County
25.1572
Mclennan County Court at Law Provisions
25.1651
Medina County
25.1652
Medina County Court at Law Provisions
25.1671
Midland County
25.1672
Midland County Court at Law Provisions
25.1721
Montgomery County
25.1722
Montgomery County Court at Law Provisions
25.1723
Montgomery County Probate Court Provisions
25.1731
Moore County
25.1732
Moore County Court at Law Provisions
25.1761
Nacogdoches County
25.1762
Nacogdoches County Court at Law Provisions
25.1771
Navarro County
25.1772
Navarro County Court at Law Provisions
25.1801
Nueces County
25.1802
Nueces County Court at Law Provisions
25.1831
Orange County
25.1832
Orange County Court at Law Provisions
25.1851
Panola County
25.1852
Panola County Court at Law Provisions
25.1861
Parker County
25.1862
Parker County Court at Law Provisions
25.1863
Probate Jurisdiction: Contested Cases
25.1891
Polk County
25.1892
Polk County Court at Law Provisions
25.1901
Potter County
25.1902
Potter County Court at Law Provisions
25.1931
Randall County
25.1932
Randall County Court at Law Provisions
25.1971
Reeves County
25.1972
Reeves County Court at Law Provisions
25.2011
Rockwall County
25.2012
Rockwall County Court at Law Provisions
25.2031
Rusk County
25.2032
Rusk County Court at Law Provisions
25.2071
San Patricio County
25.2072
San Patricio County Court at Law Provisions
25.2141
Smith County
25.2142
Smith County Court at Law Provisions
25.2161
Starr County
25.2162
Starr County Court at Law Provisions
25.002201
Assignment of Judge on Recusal or Disqualification
25.2221
Tarrant County
25.2222
Tarrant County Court at Law Provisions
25.2223
Tarrant County Criminal Court Provisions
25.2224
Tarrant County Probate Court Provisions
25.2231
Taylor County
25.2232
Taylor County Court at Law Provisions
25.2281
Tom Green County
25.2282
Tom Green County Court at Law Provisions
25.2291
Travis County
25.2292
Travis County Court at Law Provisions
25.2293
Travis County Probate Court Provisions
25.2351
Val Verde County
25.2352
Val Verde County Court at Law Provisions
25.2361
Van Zandt County
25.2362
Van Zandt County Court at Law Provisions
25.2371
Victoria County
25.2372
Victoria County Court at Law Provisions
25.2381
Walker County
25.2382
Walker County Court at Law Provisions
25.2391
Waller County
25.2392
Waller County Court at Law Provisions
25.2411
Washington County
25.2412
Washington County Court at Law Provisions
25.2421
Webb County
25.2422
Webb County Court at Law Provisions
25.2451
Wichita County
25.2452
Wichita County Court at Law Provisions
25.2461
Wilbarger County
25.2462
Wilbarger County Court at Law Provisions
25.2481
Williamson County
25.2482
Williamson County Court at Law Provisions
25.2491
Wilson County
25.2511
Wise County
25.2512
Wise County Court at Law Provisions
25.2601
Application of Subchapter
25.2602
Judge
25.2603
Vacancy
25.2604
Personnel
25.2605
Seal
25.2606
General Law
25.2607
Designation of Administrative County for Multicounty Statutory County Courts
25.2651
Application of Subchapter
25.2652
Judge
25.2653
Vacancy
25.2654
Personnel
25.2655
Seal
25.2656
General Law

Accessed:
Mar. 23, 2024

§ 25.2142’s source at texas​.gov