By: Nelson S.B. No. 1328
A BILL TO BE ENTITLED
AN ACT
1-1 relating to jurisdiction, operation, and administration of certain
1-2 county courts in Denton County.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 25.0632, Government Code, is amended by
1-5 adding Subsections (b) and (h) to read as follows:
1-6 (b) In addition to the jurisdiction provided by Section
1-7 25.0003 and other law, the County Court at Law No. 3 of Denton
1-8 County has:
1-9 (1) the general jurisdiction provided by Section
1-10 25.0021 for a statutory probate court;
1-11 (2) concurrent jurisdiction with the district court in
1-12 disputes ancillary to probate, eminent domain, condemnation, or
1-13 landlord and tenant matters relating to the adjudication and
1-14 determination of land titles and trusts, whether testamentary,
1-15 inter vivos, constructive, resulting, or any other class or type of
1-16 trust, regardless of the amount in controversy or the remedy
1-17 sought;
1-18 (3) concurrent jurisdiction with the district court of
1-19 civil forfeitures, including surety bond forfeitures without
1-20 minimum or maximum limitation as to the amount in controversy or
1-21 remedy sought;
1-22 (4) jurisdiction in mental health matters, original or
1-23 appellate, provided by law for constitutional county courts,
1-24 statutory county courts, statutory probate courts, or district
2-1 courts with mental health jurisdiction, including proceedings
2-2 under:
2-3 (A) Subtitle C, Title 7, Health and Safety Code;
2-4 (B) Chapter 462, Health and Safety Code; and
2-5 (C) Subtitle D, Title 7, Health and Safety Code;
2-6 (5) jurisdiction over the collection and management of
2-7 estates of minors, mentally disabled persons, and deceased persons;
2-8 (6) concurrent jurisdiction with the district court in
2-9 all 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; and
2-14 (7) the pendent and ancillary jurisdiction necessary
2-15 to promote judicial efficiency and economy.
2-16 (h) The judge of the County Court at Law No. 3 of Denton
2-17 County on the motion of a party to an action or on the motion of a
2-18 person interested in an estate may transfer to the court from a
2-19 district, county, or statutory court a cause of action relating to
2-20 the adjudication and determination of a land title which is
2-21 appertaining to or incident to an estate pending in the County
2-22 Court at Law No. 3 of Denton County or in which a personal
2-23 representative of an estate pending in the County Court at Law No.
2-24 3 of Denton County is a party and may consolidate the transferred
2-25 cause of action with the other proceedings in the County Court at
2-26 Law No. 3 of Denton County relating to that estate. The judge may
2-27 transfer a cause of action under this subsection only with the
3-1 consent of the judge of the court from which the cause of action is
3-2 transferred.
3-3 SECTION 2. Subsection (g), Section 25.0632, Government Code,
3-4 is repealed.
3-5 SECTION 3. All actions taken and orders entered by a judge
3-6 of a court of record in Denton County in any probate matter in
3-7 Denton County from October 1, 1991, through March 15, 1992, are
3-8 ratified and the judge is deemed to have been duly assigned to the
3-9 appropriate court of competent jurisdiction over probate and mental
3-10 health matters.
3-11 SECTION 4. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended,
3-16 and that this Act take effect and be in force from and after its
3-17 passage, and it is so enacted.