By: Campbell H.B. No. 2137
73R4795 RJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to jurisdiction, operation, and administration of certain
1-3 county courts in Denton County.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 25.0632, Government Code, is amended by
1-6 adding Subsections (b) and (b-1) to read as follows:
1-7 (b) In addition to the jurisdiction provided by Section
1-8 25.0003 and other law, the County Court at Law No. 3 of Denton
1-9 County has:
1-10 (1) the general jurisdiction provided by Section
1-11 25.0021 for a statutory probate court;
1-12 (2) concurrent jurisdiction with the district court in
1-13 cases relating to the adjudication and determination of land
1-14 titles, both freehold and leasehold, and trusts, whether
1-15 testamentary, inter vivos, constructive, resulting, or any other
1-16 class or type of trust, regardless of the amount in controversy or
1-17 remedy sought;
1-18 (3) jurisdiction of civil forfeitures, including
1-19 surety bond forfeitures without minimum or maximum limitation as to
1-20 the amount in controversy or remedy sought; and
1-21 (4) jurisdiction in mental health matters, original or
1-22 appellate, provided by law for constitutional county courts,
1-23 statutory county courts, statutory probate courts, or district
1-24 courts with mental health jurisdiction, including proceedings
2-1 under:
2-2 (A) Subtitle C, Title 7, Health and Safety Code;
2-3 (B) Chapter 462, Health and Safety Code; and
2-4 (C) Subtitle D, Title 7, Health and Safety Code.
2-5 (b-1) The County Court at Law No. 3 of Denton County also
2-6 has jurisdiction over the collection and management of estates of
2-7 minors, mentally disabled persons, and deceased persons. The court
2-8 also has concurrent jurisdiction with the district court in all
2-9 actions by or against a personal representative, in all actions
2-10 involving an inter vivos trust, in all actions involving a
2-11 charitable trust, and in all actions involving a testamentary
2-12 trust, whether the matter is appertaining to or incident to an
2-13 estate. The court may exercise the pendent and ancillary
2-14 jurisdiction necessary to promote judicial efficiency and economy.
2-15 The judge of the court on the motion of a party to the action or on
2-16 the motion of a person interested in an estate may transfer to the
2-17 court from a district, county, or statutory court a cause of action
2-18 appertaining to or incident to an estate pending in the County
2-19 Court at Law No. 3 of Denton County or a cause of action in which a
2-20 personal representative of an estate pending in the County Court at
2-21 Law No. 3 of Denton County is a party and may consolidate the
2-22 transferred cause of action with the other proceedings in the
2-23 County Court at Law No. 3 of Denton County relating to that estate.
2-24 SECTION 2. Section 25.0632(g), Government Code, is repealed.
2-25 SECTION 3. All actions taken and orders entered by a judge
2-26 of a court of record in Denton County in any probate matter in
2-27 Denton County from October 1, 1991, through March 15, 1992, are
3-1 ratified and the judge is deemed to have been duly assigned to the
3-2 appropriate court of competent jurisdiction over probate and mental
3-3 health matters.
3-4 SECTION 4. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended,
3-9 and that this Act take effect and be in force from and after its
3-10 passage, and it is so enacted.