GOVERNMENT CODE TITLE 2. JUDICIAL BRANCH SUBTITLE A. COURTS CHAPTER 26. CONSTITUTIONAL COUNTY COURTS SUBCHAPTER A. GENERAL PROVISIONS Sec. 26.001. BOND. (a) Before entering the duties of the office, the county judge must execute a bond that: (1) is payable to the treasurer of the county; (2) is in the amount set by the commissioners court of not less than $1,000 nor more than $10,000; and (3) is conditioned that the judge will: (A) pay all money that comes into his hands as county judge to the person or officer entitled to it; (B) pay to the county all money illegally paid to the judge out of county funds; and (C) not vote or consent to pay out county funds for other than lawful purposes. (b) The bond must be approved by the commissioners court. Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Sec. 26.002. TERMS. (a) By order entered on its records, the commissioners court may fix the number of court terms, may set the times at which the terms shall be held, including the four terms required by the constitution, and may set the length of each term. (b) Notwithstanding Subsection (a), the court must be open at all times for the transaction of probate business. (c) All terms of court must be held at the county seat. Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 149, Sec. 20, eff. Sept. 1, 1987. Sec. 26.003. ADJOURNMENT OF COURT BY SHERIFF OR CONSTABLE. If the county judge fails to appear at the time appointed for holding court and a visiting judge is not appointed, the sheriff shall adjourn the court from day to day for three days. If the sheriff fails to adjourn the court, a constable shall do so. If the judge does not appear on the fourth day and no visiting judge is appointed, the sheriff or constable shall adjourn the court until the next regular term. Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1388, Sec. 1, eff. Sept. 1, 1999. Sec. 26.004. MINUTES OF COURT. (a) Each morning, the minutes of the proceedings of the preceding day shall be read in open court. On the last day of the session, the minutes shall be read, corrected if necessary, and signed in open court by the county judge. (b) A visiting judge shall sign the minutes of the proceedings before the visiting judge. (c) The presiding judge shall approve and sign the probate minutes of the court on the first day of each month. If the first day falls on a Sunday, the presiding judge shall approve and sign the probate minutes on the preceding day. Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1388, Sec. 2, eff. Sept. 1, 1999. Sec. 26.005. SEAL. (a) Each county court shall be provided with a seal that has a star with five points engraved in the center. The seal must also have "County Court of ____________ County, Texas" engraved on it. (b) The impress of the seal shall be attached to all process other than subpoenas issued out of the court and shall be used to authenticate the official acts of the county clerk and county judge. Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Sec. 26.006. SALARY SUPPLEMENT FROM STATE FOR CERTAIN COUNTY JUDGES. (a) A county judge is entitled to an annual salary supplement from the state of $15,000 if at least 40 percent of the functions that the judge performs are judicial functions. (b) To receive a supplement under Subsection (a), a county judge must file with the Office of Court Administration of the Texas Judicial System an affidavit stating that at least 40 percent of the functions that the judge performs are judicial functions. The office of court administration shall send the affidavit to the comptroller. (c) The commissioners court in a county with a county judge who is entitled to receive a salary supplement under this section may not reduce the county funds provided for the salary or office of the county judge as a result of the salary supplement required by this section. Added by Acts 1997, 75th Leg., ch. 1166, Sec. 3, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1467, Sec. 1.08, eff. June 19, 1999; Acts 1999, 76th Leg., ch. 1572, Sec. 4, eff. Oct. 1, 1999. Amended by: Acts 2005, 79th Leg., 2nd C.S., Ch. 3, Sec. 2, eff. December 1, 2005. Sec. 26.007. 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 and costs under Section 51.703 in an amount equal to $5,000 if the county judge is entitled to an annual salary supplement from the state under Section 26.006. (b) The amount shall be paid to the county's salary fund in equal monthly installments from funds appropriated from the judicial fund. Added by Acts 1999, 76th Leg., ch. 1572, Sec. 5, eff. Oct. 1, 1999; Acts 1999, 76th Leg., ch. 1467, Sec. 1.09, eff. June 19, 1999. Sec. 26.008. EXCESS CONTRIBUTIONS. (a) At the end of each state fiscal year the comptroller shall determine the amounts deposited in the judicial fund under Section 51.703 and the amounts paid to the counties under Section 26.007. If the total amount paid under Section 51.703 by all counties that collect fees and costs under that section exceeds the total amount paid to the counties under Section 26.007, the state shall remit the excess to the counties that collect fees and costs under Section 51.703 proportionately based on the percentage of the total paid by each county. (b) The amounts remitted under Subsection (a) shall be paid to the county's general fund to be used only for court-related purposes for the support of the judiciary as provided by Section 21.006. Added by Acts 1999, 76th Leg., ch. 1467, Sec. 1.09, eff. June 19, 1999; Acts 1999, 76th Leg., ch. 1572, Sec. 5, eff. Oct. 1, 1999. Sec. 26.009. 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 Section 26.002(c), if a disaster, as defined by Section 418.004, occurs in a first tier coastal county or a second tier coastal county that precludes the county court 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 county court, may designate an alternate location in the county at which the court may conduct its proceedings. |
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