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
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