1-1 By: Nelson S.B. No. 1328 1-2 (In the Senate - Filed March 30, 1993; March 31, 1993, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 April 13, 1993, reported favorably by the following vote: Yeas 6, 1-5 Nays 0; April 13, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Henderson x 1-9 Harris of Tarrant x 1-10 Brown x 1-11 Harris of Dallas x 1-12 Luna x 1-13 Parker x 1-14 West x 1-15 A BILL TO BE ENTITLED 1-16 AN ACT 1-17 relating to jurisdiction, operation, and administration of certain 1-18 county courts in Denton County. 1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-20 SECTION 1. Section 25.0632, Government Code, is amended by 1-21 adding Subsections (b) and (h) to read as follows: 1-22 (b) In addition to the jurisdiction provided by Section 1-23 25.0003 and other law, the County Court at Law No. 3 of Denton 1-24 County has: 1-25 (1) the general jurisdiction provided by Section 1-26 25.0021 for a statutory probate court; 1-27 (2) concurrent jurisdiction with the district court in 1-28 disputes ancillary to probate, eminent domain, condemnation, or 1-29 landlord and tenant matters relating to the adjudication and 1-30 determination of land titles and trusts, whether testamentary, 1-31 inter vivos, constructive, resulting, or any other class or type of 1-32 trust, regardless of the amount in controversy or the remedy 1-33 sought; 1-34 (3) concurrent jurisdiction with the district court of 1-35 civil forfeitures, including surety bond forfeitures without 1-36 minimum or maximum limitation as to the amount in controversy or 1-37 remedy sought; 1-38 (4) jurisdiction in mental health matters, original or 1-39 appellate, provided by law for constitutional county courts, 1-40 statutory county courts, statutory probate courts, or district 1-41 courts with mental health jurisdiction, including proceedings 1-42 under: 1-43 (A) Subtitle C, Title 7, Health and Safety Code; 1-44 (B) Chapter 462, Health and Safety Code; and 1-45 (C) Subtitle D, Title 7, Health and Safety Code; 1-46 (5) jurisdiction over the collection and management of 1-47 estates of minors, mentally disabled persons, and deceased persons; 1-48 (6) concurrent jurisdiction with the district court in 1-49 all actions by or against a personal representative, in all actions 1-50 involving an inter vivos trust, in all actions involving a 1-51 charitable trust, and in all actions involving a testamentary 1-52 trust, whether the matter is appertaining to or incident to an 1-53 estate; and 1-54 (7) the pendent and ancillary jurisdiction necessary 1-55 to promote judicial efficiency and economy. 1-56 (h) The judge of the County Court at Law No. 3 of Denton 1-57 County on the motion of a party to an action or on the motion of a 1-58 person interested in an estate may transfer to the court from a 1-59 district, county, or statutory court a cause of action relating to 1-60 the adjudication and determination of a land title which is 1-61 appertaining to or incident to an estate pending in the County 1-62 Court at Law No. 3 of Denton County or in which a personal 1-63 representative of an estate pending in the County Court at Law No. 1-64 3 of Denton County is a party and may consolidate the transferred 1-65 cause of action with the other proceedings in the County Court at 1-66 Law No. 3 of Denton County relating to that estate. The judge may 1-67 transfer a cause of action under this subsection only with the 1-68 consent of the judge of the court from which the cause of action is 2-1 transferred. 2-2 SECTION 2. Subsection (g), Section 25.0632, Government Code, 2-3 is repealed. 2-4 SECTION 3. All actions taken and orders entered by a judge 2-5 of a court of record in Denton County in any probate matter in 2-6 Denton County from October 1, 1991, through March 15, 1992, are 2-7 ratified and the judge is deemed to have been duly assigned to the 2-8 appropriate court of competent jurisdiction over probate and mental 2-9 health matters. 2-10 SECTION 4. The importance of this legislation and the 2-11 crowded condition of the calendars in both houses create an 2-12 emergency and an imperative public necessity that the 2-13 constitutional rule requiring bills to be read on three several 2-14 days in each house be suspended, and this rule is hereby suspended, 2-15 and that this Act take effect and be in force from and after its 2-16 passage, and it is so enacted. 2-17 * * * * * 2-18 Austin, 2-19 Texas 2-20 April 13, 1993 2-21 Hon. Bob Bullock 2-22 President of the Senate 2-23 Sir: 2-24 We, your Committee on Jurisprudence to which was referred S.B. 2-25 No. 1328, have had the same under consideration, and I am 2-26 instructed to report it back to the Senate with the recommendation 2-27 that it do pass and be printed. 2-28 Henderson, 2-29 Chairman 2-30 * * * * * 2-31 WITNESSES 2-32 FOR AGAINST ON 2-33 ___________________________________________________________________ 2-34 Name: Don Windle x 2-35 Representing: County Crt at Law Denton Cty 2-36 City: Denton 2-37 -------------------------------------------------------------------